100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB2048

Introduced 2/10/2017, by Sen. Chuck Weaver

SYNOPSIS AS INTRODUCED:
225 ILCS 447/35-35

Amends the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. Provides that the Department of Financial and Professional Regulation shall issue a firearm control card to an elected or appointed State's Attorney or the State's Attorney's designated assistant who has passed an approved firearm training course, has met all the requirements of the Act, and possesses a valid firearm owner identification card. Provides that the circuit or associate judge of each county may be issued a firearm control card by the Department of Financial and Professional Regulation if appropriate training and requirements are met in the Act.
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FISCAL NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Private Detective, Private Alarm, Private
5Security, Fingerprint Vendor, and Locksmith Act of 2004 is
6amended by changing Section 35-35 as follows:
7 (225 ILCS 447/35-35)
8 (Section scheduled to be repealed on January 1, 2024)
9 Sec. 35-35. Requirement of a firearm control card.
10 (a) No person shall perform duties that include the use,
11carrying, or possession of a firearm in the performance of
12those duties without complying with the provisions of this
13Section and having been issued a valid firearm control card by
14the Department.
15 (b) No employer shall employ any person to perform the
16duties for which licensure or employee registration is required
17and allow that person to carry a firearm unless that person has
18complied with all the firearm training requirements of this
19Section and has been issued a firearm control card. This Act
20permits only the following to carry firearms while actually
21engaged in the performance of their duties or while commuting
22directly to or from their places of employment: persons
23licensed as private detectives and their registered employees;

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1persons licensed as private security contractors and their
2registered employees; persons licensed as private alarm
3contractors and their registered employees; and employees of a
4registered armed proprietary security force.
5 (c) Possession of a valid firearm control card allows a
6licensee or employee to carry a firearm not otherwise
7prohibited by law while the licensee or employee is engaged in
8the performance of his or her duties or while the licensee or
9employee is commuting directly to or from the licensee's or
10employee's place or places of employment.
11 (d) The Department shall issue a firearm control card to a
12person who has passed an approved firearm training course, who
13is currently licensed or employed by an agency licensed by this
14Act and has met all the requirements of this Act, and who
15possesses a valid firearm owner identification card.
16Application for the firearm control card shall be made by the
17employer to the Department on forms provided by the Department.
18The Department shall forward the card to the employer who shall
19be responsible for its issuance to the licensee or employee.
20The firearm control card shall be issued by the Department and
21shall identify the person holding it and the name of the course
22where the licensee or employee received firearm instruction and
23shall specify the type of weapon or weapons the person is
24authorized by the Department to carry and for which the person
25has been trained.
26 (d-5) The Department shall issue a firearm control card to

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1a person who has passed an approved firearm training course, is
2an elected or appointed State's Attorney or the State's
3Attorney's designated assistant, has met all the requirements
4of this Act, and possesses a valid firearm owner identification
5card. Application for the firearm control card shall be made by
6the State's Attorney to the Department on forms provided by the
7Department. The Department shall forward the card to the
8State's Attorney, who shall be responsible for its issuance to
9the licensee. The firearm control card shall be issued by the
10Department and shall identify the person holding it and the
11name of the course where the licensee received firearm
12instruction and shall specify the type of weapon or weapons the
13person is authorized by the Department to carry and for which
14the person has been trained.
15 (d-10) The Department shall issue a firearm control card to
16a person who has passed an approved firearm training course, is
17a circuit or associate judge, has met all the requirements of
18this Act, and possesses a valid firearm owner identification
19card. Application for the firearm control card shall be made by
20the circuit or associate judge to the Department on forms
21provided by the Department. The firearm control card shall be
22issued by the Department and shall identify the person holding
23it and the name of the course where the licensee received
24firearm instruction and shall specify the type of weapon or
25weapons the person is authorized by the Department to carry and
26for which the person has been trained.

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1 (e) Expiration and requirements for renewal of firearm
2control cards shall be determined by rule.
3 (f) The Department may, in addition to any other
4disciplinary action permitted by this Act, refuse to issue,
5suspend, or revoke a firearm control card if the applicant or
6holder has been convicted of any felony or crime involving the
7illegal use, carrying, or possession of a deadly weapon or for
8a violation of this Act or rules promulgated under this Act.
9The Department shall refuse to issue or shall revoke a firearm
10control card if the applicant or holder fails to possess a
11valid firearm owners identification card without hearing. The
12Secretary shall summarily suspend a firearm control card if the
13Secretary finds that its continued use would constitute an
14imminent danger to the public. A hearing shall be held before
15the Board within 30 days if the Secretary summarily suspends a
16firearm control card.
17 (g) Notwithstanding any other provision of this Act to the
18contrary, all requirements relating to firearms control cards
19do not apply to a peace officer.
20 (h) The Department may issue a temporary firearm control
21card pending issuance of a new firearm control card upon an
22agency's acquiring of an established armed account. An agency
23that has acquired armed employees as a result of acquiring an
24established armed account may, on forms supplied by the
25Department, request the issuance of a temporary firearm control
26card for each acquired employee who held a valid firearm

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1control card under his or her employment with the newly
2acquired established armed account immediately preceding the
3acquiring of the account and who continues to meet all of the
4qualifications for issuance of a firearm control card set forth
5in this Act and any rules adopted under this Act. The
6Department shall, by rule, set the fee for issuance of a
7temporary firearm control card.
8 (i) The Department shall not issue a firearm control card
9to a licensed fingerprint vendor or a licensed locksmith or
10employees of a licensed fingerprint vendor agency or a licensed
11locksmith agency.
12(Source: P.A. 98-253, eff. 8-9-13.)