Bill Text: IL SB3292 | 2009-2010 | 96th General Assembly | Introduced
Bill Title: Creates the Concealed Carry Permit Pilot Program Act. Establishes a 2 year pilot program based in the City of Peoria that allows the City to issue a permit to a resident of Peoria, who meets the qualifications provided in this Act, authorizing the resident to carry a concealed handgun within the boundaries of the City of Peoria. Amends the Criminal Code of 1961 to make conforming changes. Effective immediately.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-03-08 - Rule 3-9(a) / Re-referred to Assignments [SB3292 Detail]
Download: Illinois-2009-SB3292-Introduced.html
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1 | AN ACT concerning firearms.
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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 1. Short title. This Act may be cited as the | ||||||||||||||||||||||||||
5 | Concealed Carry Permit Pilot Program Act.
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6 | Section 5. Concealed Carry Permit Pilot Program; general | ||||||||||||||||||||||||||
7 | provisions. | ||||||||||||||||||||||||||
8 | (a) Purpose. The purposes of this Act are: | ||||||||||||||||||||||||||
9 | (1) To establish a 2 year pilot program based in the | ||||||||||||||||||||||||||
10 | City of Peoria that allows the City to issue a permit to a | ||||||||||||||||||||||||||
11 | resident of Peoria, who meets the qualifications provided | ||||||||||||||||||||||||||
12 | in this Act, authorizing the resident to carry a concealed | ||||||||||||||||||||||||||
13 | handgun within the boundaries of the City of Peoria; | ||||||||||||||||||||||||||
14 | (2) To gather data on operation of the pilot program; | ||||||||||||||||||||||||||
15 | and | ||||||||||||||||||||||||||
16 | (3) To gather data on the crime rate within the City of | ||||||||||||||||||||||||||
17 | Peoria before and during the period the concealed carry | ||||||||||||||||||||||||||
18 | pilot program is in operation. | ||||||||||||||||||||||||||
19 | (b) Structure. | ||||||||||||||||||||||||||
20 | (1) There is established a pilot program based in the | ||||||||||||||||||||||||||
21 | City of Peoria, known as the Concealed Carry Pilot Program | ||||||||||||||||||||||||||
22 | or Pilot Program, to authorize the City of Peoria to issue | ||||||||||||||||||||||||||
23 | a permit to a resident of Peoria, who meets the |
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1 | qualifications provided in this Act, authorizing the | ||||||
2 | resident to carry a concealed handgun within the boundaries | ||||||
3 | of the City of Peoria. | ||||||
4 | (2) The Pilot Program shall be administered by the City | ||||||
5 | of Peoria in accordance with the provisions of this Act.
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6 | Section 10. Definitions. As used in this Act: | ||||||
7 | "CCPD" means the Concealed Carry Program Director. | ||||||
8 | "City" means the City of Peoria unit of local government in | ||||||
9 | Peoria, Illinois. | ||||||
10 | "Concealed Carry Permit Director" means the city official | ||||||
11 | or city department designated through a city ordinance to | ||||||
12 | administer the Pilot Program and to issue the concealed carry | ||||||
13 | permits under the provisions of this Act. | ||||||
14 | "Concealed firearm" means a handgun carried on or about a | ||||||
15 | person completely or mostly concealed from view of the public, | ||||||
16 | or carried in a vehicle in such a way as it is concealed from | ||||||
17 | view of the public. | ||||||
18 | "Handgun" has the meaning ascribed to it in paragraph (h) | ||||||
19 | of subsection (A) of Section 24-3 of the Criminal Code of 1961. | ||||||
20 | "Permit" means a permit to carry a concealed firearm issued | ||||||
21 | by the Concealed Carry Permit Director. | ||||||
22 | "Permittee" means a person who is issued a permit to carry | ||||||
23 | a concealed firearm by the Concealed Carry Permit Director.
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24 | "Resident" means a person who maintains his or her domicile | ||||||
25 | within the boundaries of the City of Peoria and has resided |
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1 | there for at least one year.
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2 | Section 15. Pilot Program authority. The City of Peoria may | ||||||
3 | conduct a concealed firearm permit pilot program, pursuant to | ||||||
4 | the provisions of this Act, within the City of Peoria | ||||||
5 | commencing 120 days after the effective date of this Act and | ||||||
6 | ending January 1, 2013. The City must authorize, by ordinance, | ||||||
7 | a city official or city department to administer the pilot | ||||||
8 | program and to issue the concealed carry permits pursuant to | ||||||
9 | the provisions of this Act, to be known as the Concealed Carry | ||||||
10 | Permit Director, hereinafter referred to as the "CCPD".
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11 | Section 20. Permit for concealed firearms. The Concealed | ||||||
12 | Carry Permit Director is authorized to issue permits to carry | ||||||
13 | concealed firearms to residents qualified as provided in this | ||||||
14 | Act. Permits to carry concealed firearms shall be valid | ||||||
15 | throughout the City of Peoria until January 1, 2013. Any | ||||||
16 | resident in compliance with the terms of the permit may carry | ||||||
17 | concealed firearms on or about his or her person. The permittee | ||||||
18 | shall carry the permit at all times the permittee is carrying a | ||||||
19 | concealed firearm and shall display the permit upon the request | ||||||
20 | of a law enforcement officer.
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21 | Section 25. Application for permit and qualifications of | ||||||
22 | applicants. | ||||||
23 | (a) A resident applying for a permit shall obtain the |
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1 | application from the CCPD. The completed application and all | ||||||
2 | accompanying material plus the application fee shall be | ||||||
3 | presented to the CCPD. | ||||||
4 | The CCPD shall evaluate the application and accompanying | ||||||
5 | material, and within 30 days, the CCPD shall either issue or | ||||||
6 | deny the permit. | ||||||
7 | (b) The CCPD, upon a resident's application for a concealed | ||||||
8 | firearms permit, upon receipt of the appropriate fees, and | ||||||
9 | after compliance with the procedures set out in this Section, | ||||||
10 | shall issue the applicant a concealed firearms permit if the | ||||||
11 | person: | ||||||
12 | (i) is at least 21 years of age; | ||||||
13 | (ii) resides within the City of Peoria and has been a | ||||||
14 | resident for the last 12 months and is a permanent resident | ||||||
15 | of the United States; | ||||||
16 | (iii) has a valid Firearm Owner's Identification Card; | ||||||
17 | (iv) Has not been convicted of a crime punishable by | ||||||
18 | imprisonment for a term exceeding one year, or of a | ||||||
19 | misdemeanor evidencing violence, is not free on any form of | ||||||
20 | bond or pretrial release for a felony or a misdemeanor | ||||||
21 | evidencing violence, and has no outstanding warrants for | ||||||
22 | those crimes; | ||||||
23 | (v) Has no record of mental disease or mental illness | ||||||
24 | on file that would evidence incapacity, or lack of proper | ||||||
25 | mental capacity; | ||||||
26 | (vi) Has not been committed to a state or federal |
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1 | facility for the abuse of a controlled substance or | ||||||
2 | cannabis and has not been convicted of a misdemeanor | ||||||
3 | violation of the Illinois Controlled Substances Act or | ||||||
4 | Cannabis Control Act or similar laws of any other state | ||||||
5 | relating to controlled substances or cannabis within a 10 | ||||||
6 | year period immediately preceding the date on which the | ||||||
7 | application is submitted; and | ||||||
8 | (vii) Does not chronically and habitually use | ||||||
9 | alcoholic beverages as evidenced by the applicant having 2 | ||||||
10 | or more convictions for violating Section 11-501 of the | ||||||
11 | Illinois Vehicle Code or a similar provision of a local | ||||||
12 | ordinance within 5 years preceding his or her application | ||||||
13 | or the applicant having elected treatment under the | ||||||
14 | supervision of a licensed program in accordance with the | ||||||
15 | Alcoholism and Other Drug Abuse and Dependency Act or | ||||||
16 | similar laws of any other state within a 5 year period | ||||||
17 | immediately preceding the date on which the application is | ||||||
18 | submitted.
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19 | Section 30. Contents of application. The application shall | ||||||
20 | be in writing, under oath and under the penalties of perjury, | ||||||
21 | on a form promulgated by the CCPD and shall be accompanied by | ||||||
22 | the appropriate fees and required documentation. The | ||||||
23 | application shall contain or require the following | ||||||
24 | information: | ||||||
25 | (i) the applicant's name, address, gender, race, date |
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1 | and place of birth, and driver license or State | ||||||
2 | identification card number; | ||||||
3 | (ii) an affirmation that the applicant is at least 21 | ||||||
4 | years of age and that the applicant possesses a currently | ||||||
5 | valid Illinois Firearm Owner's Identification Card, | ||||||
6 | together with the card number and a photocopy of the | ||||||
7 | Firearm Owner's Identification Card; | ||||||
8 | (iii) a full set of legible fingerprints of the | ||||||
9 | applicant taken by any federal, State, county or municipal | ||||||
10 | law enforcement agency. Any cost of fingerprinting shall be | ||||||
11 | paid by the applicant; | ||||||
12 | (iv) a head and shoulder color photograph taken within | ||||||
13 | 30 days preceding the date on which the application is | ||||||
14 | submitted; | ||||||
15 | (v) questions to certify or demonstrate that the | ||||||
16 | applicant has completed the firearms and deadly use of | ||||||
17 | force training and education prerequisites specified under | ||||||
18 | this Act and a photocopy of a certificate or other evidence | ||||||
19 | of completion of a course to show compliance; | ||||||
20 | (vi) a statement that the applicant is a resident of | ||||||
21 | the City of Peoria and has been a resident for the last 12 | ||||||
22 | months and is a permanent resident of the United States; | ||||||
23 | (vii) a waiver of privacy and confidentiality rights | ||||||
24 | and privileges enjoyed by the applicant under all federal | ||||||
25 | and state laws governing justice, psychological, or | ||||||
26 | psychiatric records, or access to records relating to the |
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1 | applicant's history of juvenile court, or criminal | ||||||
2 | institutionalization, and an affirmative request that any | ||||||
3 | person having custody of any such record provide it or | ||||||
4 | information concerning it to the CCPD; | ||||||
5 | (viii) an affirmation that the applicant has never been | ||||||
6 | convicted of any felony or of a misdemeanor involving the | ||||||
7 | use or threat of physical force or violence to any person; | ||||||
8 | and has never been adjudicated a delinquent minor for an | ||||||
9 | offense which, had he or she been tried as an adult, would | ||||||
10 | have been such a felony or misdemeanor. The application | ||||||
11 | shall also contain the following statement along with a | ||||||
12 | signature line for use by the applicant, which statement | ||||||
13 | the applicant shall affirm under oath: "I, the undersigned, | ||||||
14 | state, under oath and subject to the penalty of perjury, | ||||||
15 | that I am not a streetgang member as defined in Section 10 | ||||||
16 | of the Illinois Streetgang Terrorism Omnibus Prevention | ||||||
17 | Act, and I will not join or become associated with a | ||||||
18 | criminal streetgang."; and | ||||||
19 | (ix) a conspicuous warning that false statements made | ||||||
20 | by the applicant will result in prosecution for perjury in | ||||||
21 | accordance with Section 32-2 of the Criminal Code of 1961.
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22 | Section 35. Fees. Fees collected under this Act shall be | ||||||
23 | used exclusively by the CCPD and the City for administrating | ||||||
24 | the provisions of this Act. | ||||||
25 | The City shall establish the fees provided for in this Act |
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1 | in an amount sufficient to cover the cost of administering the | ||||||
2 | pilot program but not to exceed: | ||||||
3 | $100 for a permit. | ||||||
4 | $25 for a duplicate of a lost or destroyed permit. | ||||||
5 | $25 for a corrected permit due to change of address or | ||||||
6 | name.
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7 | Section 40. Approval of application. | ||||||
8 | (a) If the CCPD finds that the applicant possesses a valid | ||||||
9 | Firearm Owner's Identification Card, meets the training | ||||||
10 | requirements of this Act, and has provided the documentation | ||||||
11 | and paid the fees required for issuance of a concealed firearms | ||||||
12 | permit, and that, as nearly as it is possible to determine, | ||||||
13 | nothing in the applicant's background or present circumstances | ||||||
14 | disqualify him or her from possessing a firearm in Illinois, | ||||||
15 | the CCPD shall approve the application and issue the applicant | ||||||
16 | a wallet sized permit bearing the photograph, name, and address | ||||||
17 | of the applicant within 30 days. | ||||||
18 | (b) The CCPD may consider an objection or recommendation | ||||||
19 | made by the sheriff, State Police, or municipal police | ||||||
20 | department supported by specific and articulable reasons, in a | ||||||
21 | written report, why the applicant should be denied a permit and | ||||||
22 | may deny the permit based solely on those objections. If the | ||||||
23 | objection contains false, malicious or inaccurate information, | ||||||
24 | the sheriff, State Police, or municipal police department | ||||||
25 | filing the objection shall bear all of the applicant's costs if |
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1 | the applicant prevails in an appeal. | ||||||
2 | (c) If the applicant is found to be ineligible, the CCPD | ||||||
3 | shall deny the application, and notify the applicant in | ||||||
4 | writing, stating the grounds for denial and informing the | ||||||
5 | applicant of the right to submit, within 30 days, any | ||||||
6 | additional documentation relating to the grounds of the denial. | ||||||
7 | Upon receiving any additional documentation, the CCPD shall | ||||||
8 | reconsider his or her decision and inform the applicant within | ||||||
9 | 30 days of the result of the reconsideration. Since this is a | ||||||
10 | pilot program, the applicant shall not have the right to appeal | ||||||
11 | the denial in the circuit court of his or her place of | ||||||
12 | residence.
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13 | Section 45. Revocation or suspension of a permit. A permit | ||||||
14 | issued under Section 40 shall be revoked if the permit holder | ||||||
15 | becomes ineligible to be issued a permit under the criteria set | ||||||
16 | forth in paragraph (i), (ii), (iii), (iv), (v), (vi), or (vii) | ||||||
17 | of Section 30 or subsection (b) of Section 40 of this Act. | ||||||
18 | When an order of protection is issued under Section 112A-14 | ||||||
19 | of the Code of Criminal Procedure of 1963 or under Section 214 | ||||||
20 | of the Illinois Domestic Violence Act of 1986 against a person | ||||||
21 | holding a permit issued under this Act, the holder of the | ||||||
22 | permit shall surrender the permit to the court or to the | ||||||
23 | officer serving the order. The officer to whom the permit is | ||||||
24 | surrendered shall forthwith transmit the permit to the court | ||||||
25 | issuing the order. The permit shall be suspended until the |
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1 | order is terminated.
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2 | Section 50. Change of address, change of name, and lost or | ||||||
3 | destroyed permits. | ||||||
4 |
(a) Within 30 days after changing his or her permanent | ||||||
5 | residence within the City of Peoria, and within 30 days after | ||||||
6 | loss or destruction of a concealed firearms permit, the | ||||||
7 | permittee shall notify the CCPD of the loss, destruction, | ||||||
8 | change of name, or change of residence. Failure to notify the | ||||||
9 | CCPD shall constitute a noncriminal violation with a penalty of | ||||||
10 | $25 payable to the CCPD. | ||||||
11 | (b) If a person issued a permit to carry a concealed | ||||||
12 | firearm changes residence within the City of Peoria, or changes | ||||||
13 | his or her name, the person to whom the permit was issued may, | ||||||
14 | upon payment of $25 and presentation of their current permit to | ||||||
15 | the CCPD, obtain a corrected concealed firearms permit with a | ||||||
16 | change of address or change of name upon furnishing a notarized | ||||||
17 | statement to the CCPD that the permittee has changed residence | ||||||
18 | or his or her name, and upon submission of an application as | ||||||
19 | set forth in paragraph (i) of Section 30 and a photograph as | ||||||
20 | set forth in paragraph (iv) of Section 30. A concealed firearms | ||||||
21 | permit shall be automatically invalid after 30 days if the | ||||||
22 | permittee has not notified the CCPD of a change of residence | ||||||
23 | within the city. A permit corrected under this subsection shall | ||||||
24 | be issued in 48 hours. | ||||||
25 | (c) If a permit to carry a concealed firearm is lost or |
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1 | destroyed, the permit shall be automatically invalid, and the | ||||||
2 | person to whom the permit was issued may obtain a duplicate, | ||||||
3 | upon payment of $25 to the CCPD and furnishing a notarized | ||||||
4 | statement to the CCPD that the permit was lost or destroyed, | ||||||
5 | and submission of an application as set forth in paragraph (i) | ||||||
6 | of Section 30 and a photograph as set forth in paragraph (iv) | ||||||
7 | of Section 30.
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8 | (d) A concealed firearms permit shall be automatically | ||||||
9 | invalid if the permittee has moved his or her residence outside | ||||||
10 | of the city.
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11 | Section 55. Listing.
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12 | (a) At least monthly, the CCPD shall transmit a listing of | ||||||
13 | all individuals to whom the CCPD has issued or revoked a permit | ||||||
14 | under this Act to the City Police Department. That listing | ||||||
15 | shall contain the name, address, gender, race, date and place | ||||||
16 | of birth, and driver license or State identification card | ||||||
17 | number. | ||||||
18 | (b) The City Police Department shall maintain the listing | ||||||
19 | of permit holders, and shall make available, upon request, at | ||||||
20 | all times to any law enforcement agency.
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21 | Section 60. Privacy of permit holders and applicants. | ||||||
22 | Except as provided in this Section, information on applications | ||||||
23 | for permits, names and addresses, or other identifying | ||||||
24 | information relating to permit holders shall be confidential, |
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1 | not subject to the Illinois Freedom of Information Act, and | ||||||
2 | shall not be made available except to law enforcement agencies. | ||||||
3 | No State or local law enforcement agency shall provide a | ||||||
4 | list of names of any or all holders or applicants licensed to | ||||||
5 | carry a concealed firearm, except that the CCPD may, upon | ||||||
6 | proper application and the payment of the required fee, provide | ||||||
7 | to the requester, in written form only, confirmation that an | ||||||
8 | individual has or has not been issued, applied for, or denied a | ||||||
9 | permit, or had a permit revoked under this Act. No identifying | ||||||
10 | information other than the name shall be provided. | ||||||
11 | Only the CCPD may provide statistical information on: | ||||||
12 | (i) the number of permits or applicants issued or | ||||||
13 | received; | ||||||
14 | (ii) the race, age, or gender of those issued permits | ||||||
15 | or applicants;
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16 | (iii) the number of permits revoked and for what | ||||||
17 | reason. | ||||||
18 | Requests for information about any permit holder or | ||||||
19 | applicant made by persons other than a bona fide law | ||||||
20 | enforcement agency shall be made in writing together with any | ||||||
21 | fee regularly required for providing information. | ||||||
22 | Nothing in this Section shall prevent any law enforcement | ||||||
23 | agency from releasing information about an individual as part | ||||||
24 | of a criminal investigation. | ||||||
25 | The names of all persons, other than law enforcement | ||||||
26 | agencies and peace officers, requesting information under this |
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1 | Section shall be public records. No other agency of government | ||||||
2 | other than the CCPD or City Police Department shall provide any | ||||||
3 | information to a requester not entitled to it by law.
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4 | Section 65. Concealed firearms permit.
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5 | (a) A concealed firearm permit shall authorize the resident | ||||||
6 | in whose name the permit is issued to carry concealed firearms | ||||||
7 | on or about his or her person or vehicle throughout the City of | ||||||
8 | Peoria. No permit issued under this Section shall authorize any | ||||||
9 | person to carry a concealed firearm into or upon: | ||||||
10 | (i) Any state or local police or sheriff's office or | ||||||
11 | station without the consent of the chief law enforcement | ||||||
12 | officer in charge of that office or station. | ||||||
13 | (ii) The facility of any adult or juvenile detention or | ||||||
14 | correctional institution, or jail. | ||||||
15 | (iii) Any courthouse occupied by the Circuit, | ||||||
16 | Appellate, or Supreme Court or a courtroom of any of those | ||||||
17 | courts, or court proceeding. | ||||||
18 | (iv) Any meeting of the governing body of a unit of | ||||||
19 | local government. | ||||||
20 | The State, county or City may by rule or ordinance | ||||||
21 | prohibit or limit the carrying of concealed firearms by | ||||||
22 | permit holders in that portion of a building owned, leased | ||||||
23 | or controlled by that unit of government. That portion of a | ||||||
24 | building in which the carrying of concealed firearms is | ||||||
25 | prohibited or limited shall be clearly identified by signs |
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1 | posted at the entrance to the restricted area. The rule or | ||||||
2 | ordinance shall exempt any building used for public housing | ||||||
3 | by private persons, firing ranges, and private dwellings | ||||||
4 | owned, leased, or controlled by that unit of government | ||||||
5 | from any restriction on the carrying or of possession of a | ||||||
6 | firearm. The rule or ordinance shall not specify any | ||||||
7 | criminal penalty for its violation but may specify that | ||||||
8 | persons violating the rule or ordinance may be denied | ||||||
9 | entrance to the building, ordered to leave the building and | ||||||
10 | if employees of the unit of government, be subjected to | ||||||
11 | disciplinary measures for violation of the provisions of | ||||||
12 | the rule or ordinance. | ||||||
13 | (v) Any portion of an establishment licensed to | ||||||
14 | dispense beer or alcoholic beverages for consumption on the | ||||||
15 | premises, which portion of the establishment is primarily | ||||||
16 | devoted to that purpose. | ||||||
17 | This paragraph (v) does not apply to any bona fide | ||||||
18 | restaurant open to the general public having dining | ||||||
19 | facilities for at least 25 persons and that receives at | ||||||
20 | least 50% of its gross annual income from the dining | ||||||
21 | facilities by the sale of food. | ||||||
22 | (vi) Any area of an airport to which access is | ||||||
23 | controlled by the inspection of persons and property. | ||||||
24 | (vii) Any place where the carrying of a firearm is | ||||||
25 | prohibited by federal law. | ||||||
26 | (viii) Inside any elementary or secondary school |
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1 | facility. | ||||||
2 | (ix) Any portion of a building used as a child care | ||||||
3 | facility. Nothing in this Section shall prevent the | ||||||
4 | operator of a child care facility in a family home from | ||||||
5 | owning or possessing a firearm or permit. | ||||||
6 | (x) Any gated area of an amusement park. | ||||||
7 | (xi) Any stadium, arena, or collegiate or professional | ||||||
8 | sporting event. | ||||||
9 | (xii) A church or other place of religious worship. | ||||||
10 | A violation of this subsection (a) is a Class A | ||||||
11 | misdemeanor. | ||||||
12 | A concealed firearm permit does not authorize the concealed | ||||||
13 | carrying or transportation of a stun gun, taser, or firearm | ||||||
14 | other than a handgun. | ||||||
15 | (b) The owner, business or commercial lessee, manager of a | ||||||
16 | private business enterprise, or any other organization, | ||||||
17 | entity, or person may prohibit persons holding a permit for | ||||||
18 | concealed firearms from carrying concealed firearms on the | ||||||
19 | premises and may prohibit employees not authorized by the | ||||||
20 | employer, holding a permit for concealed firearms from carrying | ||||||
21 | concealed firearms on the property of the employer. If the | ||||||
22 | building or the premises are open to the public, the employer | ||||||
23 | of the business enterprise shall post signs on or about the | ||||||
24 | premises if carrying a concealed firearm is prohibited. | ||||||
25 | Possession of a firearm in a vehicle on the premises shall not | ||||||
26 | be a criminal offense under this Act so long as the firearm is |
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1 | not removed from the vehicle or brandished while the vehicle is | ||||||
2 | on the premises. An employer may prohibit employees or other | ||||||
3 | persons holding a permit for a concealed firearm from carrying | ||||||
4 | a concealed firearm in vehicles owned by the employer. Carrying | ||||||
5 | of a concealed firearm in a location specified in this | ||||||
6 | subsection by a permit holder shall not be a criminal act under | ||||||
7 | this Act but may subject the person to denial to the premises | ||||||
8 | or removal from the premises. | ||||||
9 | (c) Any owner, business or commercial lessee, manager of a | ||||||
10 | private business enterprise, or any other organization, | ||||||
11 | entity, or person that prohibits persons holding a permit for | ||||||
12 | concealed firearms from carrying concealed firearms on the | ||||||
13 | premises shall be civilly liable for any injury from a criminal | ||||||
14 | act committed upon a person holding a permit for carrying a | ||||||
15 | concealed firearm who was prohibited from carrying a concealed | ||||||
16 | firearm on the premises.
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17 | Section 70. Immunity of CCPD, employees, and agents. The | ||||||
18 | office of the CCPD, or any employee or agent of the CCPD, shall | ||||||
19 | not be liable for damages in any civil action arising from | ||||||
20 | alleged wrongful or improper granting, denial, or failure to | ||||||
21 | revoke permits issued under this Act. The office of the county | ||||||
22 | sheriff, State Police, municipal police department, or any | ||||||
23 | employee or agent thereof shall not be liable for submitting | ||||||
24 | specific and articulable reasons why an applicant should be | ||||||
25 | denied a permit, unless the objection contains false, malicious |
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1 | or inaccurate information. The Office filing the objection | ||||||
2 | shall bear all of the applicant's costs if the applicant | ||||||
3 | prevails in an appeal.
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4 | Section 75. Firearms training.
| ||||||
5 | (a) Instructor certification. The CCPD shall certify | ||||||
6 | instructors who have met the requirements of this Section. | ||||||
7 | (1) Persons who are not certified firearms instructors | ||||||
8 | shall not teach applicant training courses. | ||||||
9 | (2) Persons who are not certified firearms instructors | ||||||
10 | shall not advertise or otherwise represent courses they | ||||||
11 | teach as qualifying their students to meet the requirements | ||||||
12 | to receive a permit to carry concealed firearms under this | ||||||
13 | Act. | ||||||
14 | (3) Persons who are not certified instructor trainers | ||||||
15 | shall not teach instructor qualification courses. | ||||||
16 | (4) Persons wishing to become certified firearms | ||||||
17 | instructors shall: | ||||||
18 | (i) be at least 21 years of age; | ||||||
19 | (ii) be a citizen of the United States; and | ||||||
20 | (iii) meet the requirements of subsection (b) of | ||||||
21 | Section 5. Persons wishing to become instructor | ||||||
22 | trainers, in addition to the other requirements of this | ||||||
23 | subsection (4), shall: | ||||||
24 | (A) possess at least a high school diploma or GED | ||||||
25 | certificate, |
| |||||||
| |||||||
1 | (B) have at least one of the following valid | ||||||
2 | firearms instructor certifications: | ||||||
3 | (I) National Rifle Association Personal | ||||||
4 | Protection Instructor; | ||||||
5 | (II) National Rifle Association Pistol | ||||||
6 | Marksmanship Instructor; | ||||||
7 | (III) Certification from a firearms | ||||||
8 | instructor's course offered by a State or federal | ||||||
9 | governmental agency; or | ||||||
10 | (IV) A similar firearms instructor qualifying | ||||||
11 | course, approved by the CCPD. | ||||||
12 | (5) (i) Instructor applicants shall agree to | ||||||
13 | background checks.
| ||||||
14 | (ii) An instructor applicant may be disqualified from | ||||||
15 | becoming a certified instructor, or have his or her | ||||||
16 | instructor qualification revoked if the applicant: | ||||||
17 | (A) does not meet the requirements of this Act to | ||||||
18 | possess a concealed firearms permit; | ||||||
19 | (B) provides false or misleading information to | ||||||
20 | the CCPD; or | ||||||
21 | (C) has had a prior instructor qualification | ||||||
22 | revoked by the CCPD. | ||||||
23 | (6) The training course to certify firearms | ||||||
24 | instructors and instructor trainers shall include: | ||||||
25 | (i) 16 hours of classroom instruction covering at | ||||||
26 | least the following topics: |
| |||||||
| |||||||
1 | (A) By means of a videotape approved by the | ||||||
2 | CCPD: | ||||||
3 | (1) the requirements for obtaining a | ||||||
4 | concealed firearms permit in this State;
| ||||||
5 | (2) laws relating to firearms as contained | ||||||
6 | in the Firearm Owners Identification Card Act, | ||||||
7 | Article 24 of the Criminal Code of 1961, and 18 | ||||||
8 | U.S.C. 921 through 930; | ||||||
9 | (3) laws relating to the justifiable use | ||||||
10 | of force as contained in Article 7 of the | ||||||
11 | Criminal Code of 1961; | ||||||
12 | (4) the conduct of applicant training | ||||||
13 | courses; | ||||||
14 | (5) record-keeping requirements of this | ||||||
15 | Act; | ||||||
16 | (6) the basic nomenclature of handguns; | ||||||
17 | (7) the basic principles of marksmanship; | ||||||
18 | and | ||||||
19 | (8) the safe handling of handguns. | ||||||
20 | (B) A classroom demonstration, during which | ||||||
21 | the instructor candidate shall receive instruction | ||||||
22 | on and demonstrate competency in the ability to | ||||||
23 | prepare and deliver a classroom presentation using | ||||||
24 | materials from the applicant curriculum. | ||||||
25 | (C) Range instruction and firing of live | ||||||
26 | ammunition, during which the instructor candidate |
| |||||||
| |||||||
1 | shall receive instruction on and demonstrate | ||||||
2 | competency in the ability to: | ||||||
3 | (i) handle and fire a handgun safely | ||||||
4 | and accurately; | ||||||
5 | (ii) conduct a function test and | ||||||
6 | safety inspection of common types of | ||||||
7 | handguns; | ||||||
8 | (iii) clean common types of handguns; | ||||||
9 | and | ||||||
10 | (iv) supervise and conduct live firing | ||||||
11 | exercises in a safe and efficient manner. | ||||||
12 | (7) To qualify as a certified firearms instructor or | ||||||
13 | instructor trainer, instructor candidates shall achieve: | ||||||
14 | (A) A minimum score of 70% on a written examination | ||||||
15 | covering the material taught during the classroom | ||||||
16 | portion of the course; | ||||||
17 | (B) A minimum score of 80% on range firing of a | ||||||
18 | handgun from the standing position while aiming at a | ||||||
19 | B-21 PC silhouette target or an equivalent as approved | ||||||
20 | by the CCPD, with a minimum of: | ||||||
21 | (i) ten rounds from 7 yards; and | ||||||
22 | (ii) ten rounds from 15 yards; and | ||||||
23 | (iii) a score of "passing" from the course | ||||||
24 | instructor for demonstrating competency in each of | ||||||
25 | the following: | ||||||
26 | (1) Supervising and conducting live fire; |
| |||||||
| |||||||
1 | (2) Cleaning and inspecting handguns; and | ||||||
2 | (3) Preparing and delivering the classroom | ||||||
3 | lecture. | ||||||
4 | (8) Instructor candidates who fail to meet the minimum | ||||||
5 | requirements of subsection (7) of this Section may retake | ||||||
6 | the examination, range work, or classroom demonstration | ||||||
7 | one time without having to repeat the course. | ||||||
8 | (9) Qualified firearms instructor and instructor | ||||||
9 | trainer certificates shall be valid until January 1, 2013. | ||||||
10 | (b) Firearms training program. A permit applicant must | ||||||
11 | successfully complete a firearms and deadly use of force | ||||||
12 | training and education program taught by a certified | ||||||
13 | instructor. The firearms training program must be certified by | ||||||
14 | the CCPD as meeting the following minimum requirements:
| ||||||
15 | (1) Classroom instruction of at least 8 hours | ||||||
16 | instruction on:
| ||||||
17 | (i) Illinois laws that relate to weapons and the | ||||||
18 | justifiable use of deadly force;
| ||||||
19 | (ii) handgun use, proficiency, care, and safety;
| ||||||
20 | (iii) nonviolent dispute resolution;
| ||||||
21 | (iv) proper storage practices for handguns; and
| ||||||
22 | (v) basic principles of marksmanship.
| ||||||
23 | (2) Live target range firing exercises of sufficient | ||||||
24 | duration for the student to fire their handgun:
| ||||||
25 | (i) from a standing position;
| ||||||
26 | (ii) for a minimum of 20 rounds;
|
| |||||||
| |||||||
1 | (iii) at a B-21 silhouette target located at a | ||||||
2 | distance of 7 yards from the student's standing | ||||||
3 | position.
Students shall provide their own safe, | ||||||
4 | functional handgun and factory-loaded ammunition for | ||||||
5 | all required range instruction. The certified | ||||||
6 | instructor shall, prior to range instruction, inspect | ||||||
7 | each student's handgun to ensure each is in sound | ||||||
8 | mechanical condition and does not pose a safety hazard.
| ||||||
9 | (3) At the conclusion of the classroom portion of the | ||||||
10 | training course the certified instructor shall give each | ||||||
11 | student a written examination not to exceed 100 questions | ||||||
12 | that tests the knowledge of the student on the course | ||||||
13 | subject matter. In administering the examination the | ||||||
14 | instructor shall:
| ||||||
15 | (i) not leave the room in which the examination is | ||||||
16 | being given while the examination is in progress;
| ||||||
17 | (ii) not allow students to communicate with or view | ||||||
18 | other student's exam while the exam is in progress;
| ||||||
19 | (iii) not grade the examinations in the presence of | ||||||
20 | students; and
| ||||||
21 | (iv) not divulge a student's numeric score on the | ||||||
22 | day of the examination, but may indicate whether a | ||||||
23 | student has passed or failed.
| ||||||
24 | (4) Successful completion of the firearms training | ||||||
25 | course requires at least 70% correct answers on the written | ||||||
26 | examination and a grade of "passing" on the range |
| |||||||
| |||||||
1 | exercises. A "passing" grade on range firing exercises | ||||||
2 | requires the student to: comply with orders given by the | ||||||
3 | instructor, safely handle their firearm, and achieve at | ||||||
4 | least 50% hits on the silhouette portion of the target. | ||||||
5 | Students who do not achieve at least 70% on the written | ||||||
6 | exam may retake the exam one time without having to retake | ||||||
7 | the course. Students who do not achieve a grade of | ||||||
8 | "passing" on the range exercises may repeat the range work | ||||||
9 | twice without having to retake the course.
| ||||||
10 | (5) A student who successfully completes the firearms | ||||||
11 | training course shall receive a certificate of completion | ||||||
12 | signed by the instructor.
| ||||||
13 | Section 80. Report. By October 1, 2012, the City shall | ||||||
14 | submit a statistical report to the Governor, the President of | ||||||
15 | the Senate and the Speaker of the House of Representatives, | ||||||
16 | indicating the number of permits issued, revoked, suspended, | ||||||
17 | denied and issued after appeal in the Pilot Program and also | ||||||
18 | the number of permits currently valid. The report shall also | ||||||
19 | include the number of arrests, convictions and types of crimes | ||||||
20 | in the previous calendar year committed by individuals issued | ||||||
21 | permits to carry a concealed firearm. The report shall also | ||||||
22 | include the annual crime rate statistics by category of offense | ||||||
23 | for the City during the period of the pilot program and the 2 | ||||||
24 | years preceding the start of the pilot program.
|
| |||||||
| |||||||
1 | Section 85. The Criminal Code of 1961 is amended by | ||||||
2 | changing Section 24-2 as follows:
| ||||||
3 | (720 ILCS 5/24-2)
| ||||||
4 | Sec. 24-2. Exemptions.
| ||||||
5 | (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and | ||||||
6 | 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of | ||||||
7 | the following:
| ||||||
8 | (1) Peace officers, and any person summoned by a peace | ||||||
9 | officer to
assist in making arrests or preserving the | ||||||
10 | peace, while actually engaged in
assisting such officer.
| ||||||
11 | (2) Wardens, superintendents and keepers of prisons,
| ||||||
12 | penitentiaries, jails and other institutions for the | ||||||
13 | detention of persons
accused or convicted of an offense, | ||||||
14 | while in the performance of their
official duty, or while | ||||||
15 | commuting between their homes and places of employment.
| ||||||
16 | (3) Members of the Armed Services or Reserve Forces of | ||||||
17 | the United States
or the Illinois National Guard or the | ||||||
18 | Reserve Officers Training Corps,
while in the performance | ||||||
19 | of their official duty.
| ||||||
20 | (4) Special agents employed by a railroad or a public | ||||||
21 | utility to
perform police functions, and guards of armored | ||||||
22 | car companies, while
actually engaged in the performance of | ||||||
23 | the duties of their employment or
commuting between their | ||||||
24 | homes and places of employment; and watchmen
while actually | ||||||
25 | engaged in the performance of the duties of their |
| |||||||
| |||||||
1 | employment.
| ||||||
2 | (5) Persons licensed as private security contractors, | ||||||
3 | private
detectives, or private alarm contractors, or | ||||||
4 | employed by an agency
certified by the Department of | ||||||
5 | Professional Regulation, if their duties
include the | ||||||
6 | carrying of a weapon under the provisions of the Private
| ||||||
7 | Detective, Private Alarm,
Private Security, Fingerprint | ||||||
8 | Vendor, and Locksmith Act of 2004,
while actually
engaged | ||||||
9 | in the performance of the duties of their employment or | ||||||
10 | commuting
between their homes and places of employment, | ||||||
11 | provided that such commuting
is accomplished within one | ||||||
12 | hour from departure from home or place of
employment, as | ||||||
13 | the case may be. Persons exempted under this subdivision
| ||||||
14 | (a)(5) shall be required to have completed a course of
| ||||||
15 | study in firearms handling and training approved and | ||||||
16 | supervised by the
Department of Professional Regulation as | ||||||
17 | prescribed by Section 28 of the
Private Detective, Private | ||||||
18 | Alarm,
Private Security, Fingerprint Vendor, and Locksmith | ||||||
19 | Act of 2004, prior
to becoming eligible for this exemption. | ||||||
20 | The Department of Professional
Regulation shall provide | ||||||
21 | suitable documentation demonstrating the
successful | ||||||
22 | completion of the prescribed firearms training. Such
| ||||||
23 | documentation shall be carried at all times when such | ||||||
24 | persons are in
possession of a concealable weapon.
| ||||||
25 | (6) Any person regularly employed in a commercial or | ||||||
26 | industrial
operation as a security guard for the protection |
| |||||||
| |||||||
1 | of persons employed
and private property related to such | ||||||
2 | commercial or industrial
operation, while actually engaged | ||||||
3 | in the performance of his or her
duty or traveling between | ||||||
4 | sites or properties belonging to the
employer, and who, as | ||||||
5 | a security guard, is a member of a security force of
at | ||||||
6 | least 5 persons registered with the Department of | ||||||
7 | Professional
Regulation; provided that such security guard | ||||||
8 | has successfully completed a
course of study, approved by | ||||||
9 | and supervised by the Department of
Professional | ||||||
10 | Regulation, consisting of not less than 40 hours of | ||||||
11 | training
that includes the theory of law enforcement, | ||||||
12 | liability for acts, and the
handling of weapons. A person | ||||||
13 | shall be considered eligible for this
exemption if he or | ||||||
14 | she has completed the required 20
hours of training for a | ||||||
15 | security officer and 20 hours of required firearm
training, | ||||||
16 | and has been issued a firearm control card by
the | ||||||
17 | Department of Professional Regulation. Conditions for the | ||||||
18 | renewal of
firearm control cards issued under the | ||||||
19 | provisions of this Section
shall be the same as for those | ||||||
20 | cards issued under the provisions of the
Private Detective, | ||||||
21 | Private Alarm,
Private Security, Fingerprint Vendor, and | ||||||
22 | Locksmith Act of 2004. Such
firearm control card shall be | ||||||
23 | carried by the security guard at all
times when he or she | ||||||
24 | is in possession of a concealable weapon.
| ||||||
25 | (7) Agents and investigators of the Illinois | ||||||
26 | Legislative Investigating
Commission authorized by the |
| |||||||
| |||||||
1 | Commission to carry the weapons specified in
subsections | ||||||
2 | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
| ||||||
3 | any investigation for the Commission.
| ||||||
4 | (8) Persons employed by a financial institution for the | ||||||
5 | protection of
other employees and property related to such | ||||||
6 | financial institution, while
actually engaged in the | ||||||
7 | performance of their duties, commuting between
their homes | ||||||
8 | and places of employment, or traveling between sites or
| ||||||
9 | properties owned or operated by such financial | ||||||
10 | institution, provided that
any person so employed has | ||||||
11 | successfully completed a course of study,
approved by and | ||||||
12 | supervised by the Department of Professional Regulation,
| ||||||
13 | consisting of not less than 40 hours of training which | ||||||
14 | includes theory of
law enforcement, liability for acts, and | ||||||
15 | the handling of weapons.
A person shall be considered to be | ||||||
16 | eligible for this exemption if he or
she has completed the | ||||||
17 | required 20 hours of training for a security officer
and 20 | ||||||
18 | hours of required firearm training, and has been issued a
| ||||||
19 | firearm control card by the Department of Professional | ||||||
20 | Regulation.
Conditions for renewal of firearm control | ||||||
21 | cards issued under the
provisions of this Section shall be | ||||||
22 | the same as for those issued under the
provisions of the | ||||||
23 | Private Detective, Private Alarm,
Private Security, | ||||||
24 | Fingerprint Vendor, and Locksmith Act of 2004.
Such firearm | ||||||
25 | control card shall be carried by the person so
trained at | ||||||
26 | all times when such person is in possession of a |
| |||||||
| |||||||
1 | concealable
weapon. For purposes of this subsection, | ||||||
2 | "financial institution" means a
bank, savings and loan | ||||||
3 | association, credit union or company providing
armored car | ||||||
4 | services.
| ||||||
5 | (9) Any person employed by an armored car company to | ||||||
6 | drive an armored
car, while actually engaged in the | ||||||
7 | performance of his duties.
| ||||||
8 | (10) Persons who have been classified as peace officers | ||||||
9 | pursuant
to the Peace Officer Fire Investigation Act.
| ||||||
10 | (11) Investigators of the Office of the State's | ||||||
11 | Attorneys Appellate
Prosecutor authorized by the board of | ||||||
12 | governors of the Office of the
State's Attorneys Appellate | ||||||
13 | Prosecutor to carry weapons pursuant to
Section 7.06 of the | ||||||
14 | State's Attorneys Appellate Prosecutor's Act.
| ||||||
15 | (12) Special investigators appointed by a State's | ||||||
16 | Attorney under
Section 3-9005 of the Counties Code.
| ||||||
17 | (12.5) Probation officers while in the performance of | ||||||
18 | their duties, or
while commuting between their homes, | ||||||
19 | places of employment or specific locations
that are part of | ||||||
20 | their assigned duties, with the consent of the chief judge | ||||||
21 | of
the circuit for which they are employed.
| ||||||
22 | (13) Court Security Officers while in the performance | ||||||
23 | of their official
duties, or while commuting between their | ||||||
24 | homes and places of employment, with
the
consent of the | ||||||
25 | Sheriff.
| ||||||
26 | (13.5) A person employed as an armed security guard at |
| |||||||
| |||||||
1 | a nuclear energy,
storage, weapons or development site or | ||||||
2 | facility regulated by the Nuclear
Regulatory Commission | ||||||
3 | who has completed the background screening and training
| ||||||
4 | mandated by the rules and regulations of the Nuclear | ||||||
5 | Regulatory Commission.
| ||||||
6 | (14) Manufacture, transportation, or sale of weapons | ||||||
7 | to
persons
authorized under subdivisions (1) through | ||||||
8 | (13.5) of this
subsection
to
possess those weapons.
| ||||||
9 | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | ||||||
10 | 24-1.6 do not
apply to or affect
any of the following:
| ||||||
11 | (1) Members of any club or organization organized for | ||||||
12 | the purpose of
practicing shooting at targets upon | ||||||
13 | established target ranges, whether
public or private, and | ||||||
14 | patrons of such ranges, while such members
or patrons are | ||||||
15 | using their firearms on those target ranges.
| ||||||
16 | (2) Duly authorized military or civil organizations | ||||||
17 | while parading,
with the special permission of the | ||||||
18 | Governor.
| ||||||
19 | (3) Hunters, trappers or fishermen with a license or
| ||||||
20 | permit while engaged in hunting,
trapping or fishing.
| ||||||
21 | (4) Transportation of weapons that are broken down in a
| ||||||
22 | non-functioning state or are not immediately accessible.
| ||||||
23 | (5) Carrying or possessing any pistol, revolver, stun | ||||||
24 | gun or taser or other firearm on the land or in the legal | ||||||
25 | dwelling of another person as an invitee with that person's | ||||||
26 | permission. |
| |||||||
| |||||||
1 | (6) Carrying a concealed firearm by a permittee who has | ||||||
2 | been issued a permit to carry a concealed firearm under the | ||||||
3 | Concealed Carry Permit Pilot Program Act. | ||||||
4 | (c) Subsection 24-1(a)(7) does not apply to or affect any | ||||||
5 | of the
following:
| ||||||
6 | (1) Peace officers while in performance of their | ||||||
7 | official duties.
| ||||||
8 | (2) Wardens, superintendents and keepers of prisons, | ||||||
9 | penitentiaries,
jails and other institutions for the | ||||||
10 | detention of persons accused or
convicted of an offense.
| ||||||
11 | (3) Members of the Armed Services or Reserve Forces of | ||||||
12 | the United States
or the Illinois National Guard, while in | ||||||
13 | the performance of their official
duty.
| ||||||
14 | (4) Manufacture, transportation, or sale of machine | ||||||
15 | guns to persons
authorized under subdivisions (1) through | ||||||
16 | (3) of this subsection to
possess machine guns, if the | ||||||
17 | machine guns are broken down in a
non-functioning state or | ||||||
18 | are not immediately accessible.
| ||||||
19 | (5) Persons licensed under federal law to manufacture | ||||||
20 | any weapon from
which 8 or more shots or bullets can be | ||||||
21 | discharged by a
single function of the firing device, or | ||||||
22 | ammunition for such weapons, and
actually engaged in the | ||||||
23 | business of manufacturing such weapons or
ammunition, but | ||||||
24 | only with respect to activities which are within the lawful
| ||||||
25 | scope of such business, such as the manufacture, | ||||||
26 | transportation, or testing
of such weapons or ammunition. |
| |||||||
| |||||||
1 | This exemption does not authorize the
general private | ||||||
2 | possession of any weapon from which 8 or more
shots or | ||||||
3 | bullets can be discharged by a single function of the | ||||||
4 | firing
device, but only such possession and activities as | ||||||
5 | are within the lawful
scope of a licensed manufacturing | ||||||
6 | business described in this paragraph.
| ||||||
7 | During transportation, such weapons shall be broken | ||||||
8 | down in a
non-functioning state or not immediately | ||||||
9 | accessible.
| ||||||
10 | (6) The manufacture, transport, testing, delivery, | ||||||
11 | transfer or sale,
and all lawful commercial or experimental | ||||||
12 | activities necessary thereto, of
rifles, shotguns, and | ||||||
13 | weapons made from rifles or shotguns,
or ammunition for | ||||||
14 | such rifles, shotguns or weapons, where engaged in
by a | ||||||
15 | person operating as a contractor or subcontractor pursuant | ||||||
16 | to a
contract or subcontract for the development and supply | ||||||
17 | of such rifles,
shotguns, weapons or ammunition to the | ||||||
18 | United States government or any
branch of the Armed Forces | ||||||
19 | of the United States, when such activities are
necessary | ||||||
20 | and incident to fulfilling the terms of such contract.
| ||||||
21 | The exemption granted under this subdivision (c)(6)
| ||||||
22 | shall also apply to any authorized agent of any such | ||||||
23 | contractor or
subcontractor who is operating within the | ||||||
24 | scope of his employment, where
such activities involving | ||||||
25 | such weapon, weapons or ammunition are necessary
and | ||||||
26 | incident to fulfilling the terms of such contract.
|
| |||||||
| |||||||
1 | During transportation, any such weapon shall be broken | ||||||
2 | down in a
non-functioning state, or not immediately | ||||||
3 | accessible.
| ||||||
4 | (d) Subsection 24-1(a)(1) does not apply to the purchase, | ||||||
5 | possession
or carrying of a black-jack or slung-shot by a peace | ||||||
6 | officer.
| ||||||
7 | (e) Subsection 24-1(a)(8) does not apply to any owner, | ||||||
8 | manager or
authorized employee of any place specified in that | ||||||
9 | subsection nor to any
law enforcement officer.
| ||||||
10 | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | ||||||
11 | Section 24-1.6
do not apply
to members of any club or | ||||||
12 | organization organized for the purpose of practicing
shooting | ||||||
13 | at targets upon established target ranges, whether public or | ||||||
14 | private,
while using their firearms on those target ranges.
| ||||||
15 | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | ||||||
16 | to:
| ||||||
17 | (1) Members of the Armed Services or Reserve Forces of | ||||||
18 | the United
States or the Illinois National Guard, while in | ||||||
19 | the performance of their
official duty.
| ||||||
20 | (2) Bonafide collectors of antique or surplus military | ||||||
21 | ordinance.
| ||||||
22 | (3) Laboratories having a department of forensic | ||||||
23 | ballistics, or
specializing in the development of | ||||||
24 | ammunition or explosive ordinance.
| ||||||
25 | (4) Commerce, preparation, assembly or possession of | ||||||
26 | explosive
bullets by manufacturers of ammunition licensed |
| |||||||
| |||||||
1 | by the federal government,
in connection with the supply of | ||||||
2 | those organizations and persons exempted
by subdivision | ||||||
3 | (g)(1) of this Section, or like organizations and persons
| ||||||
4 | outside this State, or the transportation of explosive | ||||||
5 | bullets to any
organization or person exempted in this | ||||||
6 | Section by a common carrier or by a
vehicle owned or leased | ||||||
7 | by an exempted manufacturer.
| ||||||
8 | (g-5) Subsection 24-1(a)(6) does not apply to or affect | ||||||
9 | persons licensed
under federal law to manufacture any device or | ||||||
10 | attachment of any kind designed,
used, or intended for use in | ||||||
11 | silencing the report of any firearm, firearms, or
ammunition
| ||||||
12 | for those firearms equipped with those devices, and actually | ||||||
13 | engaged in the
business of manufacturing those devices, | ||||||
14 | firearms, or ammunition, but only with
respect to
activities | ||||||
15 | that are within the lawful scope of that business, such as the
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16 | manufacture, transportation, or testing of those devices, | ||||||
17 | firearms, or
ammunition. This
exemption does not authorize the | ||||||
18 | general private possession of any device or
attachment of any | ||||||
19 | kind designed, used, or intended for use in silencing the
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20 | report of any firearm, but only such possession and activities | ||||||
21 | as are within
the
lawful scope of a licensed manufacturing | ||||||
22 | business described in this subsection
(g-5). During | ||||||
23 | transportation, those devices shall be detached from any weapon
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24 | or
not immediately accessible.
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25 | (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
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26 | 24-1.6 do not apply to
or affect any parole agent or parole |
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1 | supervisor who meets the qualifications and conditions | ||||||
2 | prescribed in Section 3-14-1.5 of the Unified Code of | ||||||
3 | Corrections. | ||||||
4 | (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and | ||||||
5 | 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an | ||||||
6 | athlete's possession, transport on official Olympic and | ||||||
7 | Paralympic transit systems established for athletes, or use of | ||||||
8 | competition firearms sanctioned by the International Olympic | ||||||
9 | Committee, the International Paralympic Committee, the | ||||||
10 | International Shooting Sport Federation, or USA Shooting in | ||||||
11 | connection with such athlete's training for and participation | ||||||
12 | in shooting competitions at the 2016 Olympic and Paralympic | ||||||
13 | Games and sanctioned test events leading up to the 2016 Olympic | ||||||
14 | and Paralympic Games. | ||||||
15 | (h) An information or indictment based upon a violation of | ||||||
16 | any
subsection of this Article need not negative any exemptions | ||||||
17 | contained in
this Article. The defendant shall have the burden | ||||||
18 | of proving such an
exemption.
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19 | (i) Nothing in this Article shall prohibit, apply to, or | ||||||
20 | affect
the transportation, carrying, or possession, of any | ||||||
21 | pistol or revolver,
stun gun, taser, or other firearm consigned | ||||||
22 | to a common carrier operating
under license of the State of | ||||||
23 | Illinois or the federal government, where
such transportation, | ||||||
24 | carrying, or possession is incident to the lawful
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25 | transportation in which such common carrier is engaged; and | ||||||
26 | nothing in this
Article shall prohibit, apply to, or affect the |
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1 | transportation, carrying,
or possession of any pistol, | ||||||
2 | revolver, stun gun, taser, or other firearm,
not the subject of | ||||||
3 | and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of | ||||||
4 | this Article, which is unloaded and enclosed in a case, firearm
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5 | carrying box, shipping box, or other container, by the | ||||||
6 | possessor of a valid
Firearm Owners Identification Card.
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7 | (Source: P.A. 95-331, eff. 8-21-07; 95-613, eff. 9-11-07; | ||||||
8 | 95-885, eff. 1-1-09; 96-7, eff. 4-3-09; 96-230, eff. 1-1-10; | ||||||
9 | 96-742, eff. 8-25-09; revised 10-9-09.)
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10 | Section 999. Effective date. This Act takes effect upon | ||||||
11 | becoming law.
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