Bill Text: IL SB2333 | 2023-2024 | 103rd General Assembly | Introduced
Bill Title: Amends the Firearm Concealed Carry Act. Provides that the school board of a school district of a public elementary or secondary school or a non-public elementary or secondary school may develop a policy to permit the carrying of a firearm by an employee of the school, licensed under the Act, in any building or on any real property or parking area under the control of the public or non-public elementary or secondary school. Provides that the policy must contain safe storage provisions for the firearm. Those provisions must include securing the firearm in a locked box or container that cannot be accessed by students. Changes "private" elementary or secondary school references in the Act to "non-public" elementary or secondary school.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Failed) 2025-01-07 - Session Sine Die [SB2333 Detail]
Download: Illinois-2023-SB2333-Introduced.html
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1 | AN ACT concerning safety.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Firearm Concealed Carry Act is amended by | |||||||||||||||||||||
5 | changing Sections 65 and 105 as follows:
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6 | (430 ILCS 66/65)
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7 | Sec. 65. Prohibited areas. | |||||||||||||||||||||
8 | (a) A licensee under this Act shall not knowingly carry a | |||||||||||||||||||||
9 | firearm on or into: | |||||||||||||||||||||
10 | (1) Except as otherwise provided in subsection (a-3) | |||||||||||||||||||||
11 | of this Section, any Any building, real property, and | |||||||||||||||||||||
12 | parking area under the control of a public or non-public | |||||||||||||||||||||
13 | private elementary or secondary school. | |||||||||||||||||||||
14 | (2) Any building, real property, and parking area | |||||||||||||||||||||
15 | under the control of a pre-school or child care facility, | |||||||||||||||||||||
16 | including any room or portion of a building under the | |||||||||||||||||||||
17 | control of a pre-school or child care facility. Nothing in | |||||||||||||||||||||
18 | this paragraph shall prevent the operator of a child care | |||||||||||||||||||||
19 | facility in a family home from owning or possessing a | |||||||||||||||||||||
20 | firearm in the home or license under this Act, if no child | |||||||||||||||||||||
21 | under child care at the home is present in the home or the | |||||||||||||||||||||
22 | firearm in the home is stored in a locked container when a | |||||||||||||||||||||
23 | child under child care at the home is present in the home. |
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1 | (3) Any building, parking area, or portion of a | ||||||
2 | building under the control of an officer of the executive | ||||||
3 | or legislative branch of government, provided that nothing | ||||||
4 | in this paragraph shall prohibit a licensee from carrying | ||||||
5 | a concealed firearm onto the real property, bikeway, or | ||||||
6 | trail in a park regulated by the Department of Natural | ||||||
7 | Resources or any other designated public hunting area or | ||||||
8 | building where firearm possession is permitted as | ||||||
9 | established by the Department of Natural Resources under | ||||||
10 | Section 1.8 of the Wildlife Code. | ||||||
11 | (4) Any building designated for matters before a | ||||||
12 | circuit court, appellate court, or the Supreme Court, or | ||||||
13 | any building or portion of a building under the control of | ||||||
14 | the Supreme Court. | ||||||
15 | (5) Any building or portion of a building under the | ||||||
16 | control of a unit of local government. | ||||||
17 | (6) Any building, real property, and parking area | ||||||
18 | under the control of an adult or juvenile detention or | ||||||
19 | correctional institution, prison, or jail. | ||||||
20 | (7) Any building, real property, and parking area | ||||||
21 | under the control of a public or private hospital or | ||||||
22 | hospital affiliate, mental health facility, or nursing | ||||||
23 | home. | ||||||
24 | (8) Any bus, train, or form of transportation paid for | ||||||
25 | in whole or in part with public funds, and any building, | ||||||
26 | real property, and parking area under the control of a |
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1 | public transportation facility paid for in whole or in | ||||||
2 | part with public funds. | ||||||
3 | (9) Any building, real property, and parking area | ||||||
4 | under the control of an establishment that serves alcohol | ||||||
5 | on its premises, if more than 50% of the establishment's | ||||||
6 | gross receipts within the prior 3 months is from the sale | ||||||
7 | of alcohol. The owner of an establishment who knowingly | ||||||
8 | fails to prohibit concealed firearms on its premises as | ||||||
9 | provided in this paragraph or who knowingly makes a false | ||||||
10 | statement or record to avoid the prohibition on concealed | ||||||
11 | firearms under this paragraph is subject to the penalty | ||||||
12 | under subsection (c-5) of Section 10-1 of the Liquor | ||||||
13 | Control Act of 1934. | ||||||
14 | (10) Any public gathering or special event conducted | ||||||
15 | on property open to the public that requires the issuance | ||||||
16 | of a permit from the unit of local government, provided | ||||||
17 | this prohibition shall not apply to a licensee who must | ||||||
18 | walk through a public gathering in order to access his or | ||||||
19 | her residence, place of business, or vehicle. | ||||||
20 | (11) Any building or real property that has been | ||||||
21 | issued a Special Event Retailer's license as defined in | ||||||
22 | Section 1-3.17.1 of the Liquor Control Act during the time | ||||||
23 | designated for the sale of alcohol by the Special Event | ||||||
24 | Retailer's license, or a Special use permit license as | ||||||
25 | defined in subsection (q) of Section 5-1 of the Liquor | ||||||
26 | Control Act during the time designated for the sale of |
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1 | alcohol by the Special use permit license. | ||||||
2 | (12) Any public playground. | ||||||
3 | (13) Any public park, athletic area, or athletic | ||||||
4 | facility under the control of a municipality or park | ||||||
5 | district, provided nothing in this Section shall prohibit | ||||||
6 | a licensee from carrying a concealed firearm while on a | ||||||
7 | trail or bikeway if only a portion of the trail or bikeway | ||||||
8 | includes a public park. | ||||||
9 | (14) Any real property under the control of the Cook | ||||||
10 | County Forest Preserve District. | ||||||
11 | (15) Any building, classroom, laboratory, medical | ||||||
12 | clinic, hospital, artistic venue, athletic venue, | ||||||
13 | entertainment venue, officially recognized | ||||||
14 | university-related organization property, whether owned or | ||||||
15 | leased, and any real property, including parking areas, | ||||||
16 | sidewalks, and common areas under the control of a public | ||||||
17 | or private community college, college, or university. | ||||||
18 | (16) Any building, real property, or parking area | ||||||
19 | under the control of a gaming facility licensed under the | ||||||
20 | Illinois Gambling Act or the Illinois Horse Racing Act of | ||||||
21 | 1975, including an inter-track wagering location licensee. | ||||||
22 | (17) Any stadium, arena, or the real property or | ||||||
23 | parking area under the control of a stadium, arena, or any | ||||||
24 | collegiate or professional sporting event. | ||||||
25 | (18) Any building, real property, or parking area | ||||||
26 | under the control of a public library. |
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1 | (19) Any building, real property, or parking area | ||||||
2 | under the control of an airport. | ||||||
3 | (20) Any building, real property, or parking area | ||||||
4 | under the control of an amusement park. | ||||||
5 | (21) Any building, real property, or parking area | ||||||
6 | under the control of a zoo or museum. | ||||||
7 | (22) Any street, driveway, parking area, property, | ||||||
8 | building, or facility, owned, leased, controlled, or used | ||||||
9 | by a nuclear energy, storage, weapons, or development site | ||||||
10 | or facility regulated by the federal Nuclear Regulatory | ||||||
11 | Commission. The licensee shall not under any circumstance | ||||||
12 | store a firearm or ammunition in his or her vehicle or in a | ||||||
13 | compartment or container within a vehicle located anywhere | ||||||
14 | in or on the street, driveway, parking area, property, | ||||||
15 | building, or facility described in this paragraph. | ||||||
16 | (23) Any area where firearms are prohibited under | ||||||
17 | federal law. | ||||||
18 | (a-3) The school board of a school district of a public | ||||||
19 | elementary or secondary school or a non-public elementary or | ||||||
20 | secondary school may develop a policy to permit the carrying | ||||||
21 | of a firearm by an employee of the school, licensed under this | ||||||
22 | Act, in any building or on any real property or parking area | ||||||
23 | under the control of the public or non-public elementary or | ||||||
24 | secondary school. The policy must contain safe storage | ||||||
25 | provisions for the firearm. Those provisions must include | ||||||
26 | securing the firearm in a locked box or container that cannot |
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1 | be accessed by students. | ||||||
2 | (a-5) Nothing in this Act shall prohibit a public or | ||||||
3 | private community college, college, or university from: | ||||||
4 | (1) prohibiting persons from carrying a firearm within | ||||||
5 | a vehicle owned, leased, or controlled by the college or | ||||||
6 | university; | ||||||
7 | (2) developing resolutions, regulations, or policies | ||||||
8 | regarding student, employee, or visitor misconduct and | ||||||
9 | discipline, including suspension and expulsion; | ||||||
10 | (3) developing resolutions, regulations, or policies | ||||||
11 | regarding the storage or maintenance of firearms, which | ||||||
12 | must include designated areas where persons can park | ||||||
13 | vehicles that carry firearms; and | ||||||
14 | (4) permitting the carrying or use of firearms for the | ||||||
15 | purpose of instruction and curriculum of officially | ||||||
16 | recognized programs, including but not limited to military | ||||||
17 | science and law enforcement training programs, or in any | ||||||
18 | designated area used for hunting purposes or target | ||||||
19 | shooting. | ||||||
20 | (a-10) The owner of private real property of any type may | ||||||
21 | prohibit the carrying of concealed firearms on the property | ||||||
22 | under his or her control. The owner must post a sign in | ||||||
23 | accordance with subsection (d) of this Section indicating that | ||||||
24 | firearms are prohibited on the property, unless the property | ||||||
25 | is a private residence. | ||||||
26 | (b) Notwithstanding subsections (a), (a-5), and (a-10) of |
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1 | this Section except under paragraph (22) or (23) of subsection | ||||||
2 | (a), any licensee prohibited from carrying a concealed firearm | ||||||
3 | into the parking area of a prohibited location specified in | ||||||
4 | subsection (a), (a-5), or (a-10) of this Section shall be | ||||||
5 | permitted to carry a concealed firearm on or about his or her | ||||||
6 | person within a vehicle into the parking area and may store a | ||||||
7 | firearm or ammunition concealed in a case within a locked | ||||||
8 | vehicle or locked container out of plain view within the | ||||||
9 | vehicle in the parking area. A licensee may carry a concealed | ||||||
10 | firearm in the immediate area surrounding his or her vehicle | ||||||
11 | within a prohibited parking lot area only for the limited | ||||||
12 | purpose of storing or retrieving a firearm within the | ||||||
13 | vehicle's trunk. For purposes of this subsection, "case" | ||||||
14 | includes a glove compartment or console that completely | ||||||
15 | encloses the concealed firearm or ammunition, the trunk of the | ||||||
16 | vehicle, or a firearm carrying box, shipping box, or other | ||||||
17 | container. | ||||||
18 | (c) A licensee shall not be in violation of this Section | ||||||
19 | while he or she is traveling along a public right of way that | ||||||
20 | touches or crosses any of the premises under subsection (a), | ||||||
21 | (a-5), or (a-10) of this Section if the concealed firearm is | ||||||
22 | carried on his or her person in accordance with the provisions | ||||||
23 | of this Act or is being transported in a vehicle by the | ||||||
24 | licensee in accordance with all other applicable provisions of | ||||||
25 | law. | ||||||
26 | (d) Signs stating that the carrying of firearms is |
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1 | prohibited shall be clearly and conspicuously posted at the | ||||||
2 | entrance of a building, premises, or real property specified | ||||||
3 | in this Section as a prohibited area, unless the building or | ||||||
4 | premises is a private residence. Signs shall be of a uniform | ||||||
5 | design as established by the Illinois State Police and shall | ||||||
6 | be 4 inches by 6 inches in size. The Illinois State Police | ||||||
7 | shall adopt rules for standardized signs to be used under this | ||||||
8 | subsection.
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9 | (Source: P.A. 101-31, eff. 6-28-19; 102-538, eff. 8-20-21.)
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10 | (430 ILCS 66/105)
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11 | Sec. 105. Duty of school administrator. It is the duty of | ||||||
12 | the principal
of a public elementary or secondary school, or | ||||||
13 | his or her designee, and the
chief administrative officer of a | ||||||
14 | non-public private elementary or secondary school or a
public | ||||||
15 | or private community college, college, or university, or his | ||||||
16 | or her
designee, to report to the Illinois State Police when a | ||||||
17 | student is determined to pose a clear and present danger to | ||||||
18 | himself, herself, or to others, within 24 hours of
the | ||||||
19 | determination as provided in Section 6-103.3 of the Mental | ||||||
20 | Health and Developmental Disabilities Code. "Clear and present | ||||||
21 | danger" has the meaning as provided in paragraph (2) of the | ||||||
22 | definition of "clear and present danger" in Section 1.1 of the | ||||||
23 | Firearm Owners Identification Card Act.
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24 | (Source: P.A. 102-538, eff. 8-20-21.)
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