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| 1 | AN ACT concerning safety.
| ||||||||||||||||||||||||||||||||||||||||||
| 2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||||||||||||||||||||
| 3 | represented in the General Assembly:
| ||||||||||||||||||||||||||||||||||||||||||
| 4 | Section 5. The Firearm Owners Identification Card Act is | ||||||||||||||||||||||||||||||||||||||||||
| 5 | amended by changing Sections 5, 7, 13.2, and 14 as follows:
| ||||||||||||||||||||||||||||||||||||||||||
| 6 | (430 ILCS 65/5) (from Ch. 38, par. 83-5)
| ||||||||||||||||||||||||||||||||||||||||||
| 7 | Sec. 5. Application and renewal. | ||||||||||||||||||||||||||||||||||||||||||
| 8 | (a) The Department of State Police shall either approve or
| ||||||||||||||||||||||||||||||||||||||||||
| 9 | deny all applications within 30 days from the date they are | ||||||||||||||||||||||||||||||||||||||||||
| 10 | received,
except as provided in subsection (b) of this Section, | ||||||||||||||||||||||||||||||||||||||||||
| 11 | and every applicant found qualified under Section 8 of this Act | ||||||||||||||||||||||||||||||||||||||||||
| 12 | by
the Department shall be entitled to a Firearm Owner's | ||||||||||||||||||||||||||||||||||||||||||
| 13 | Identification
Card upon the payment of a $10 fee. Any | ||||||||||||||||||||||||||||||||||||||||||
| 14 | applicant who is an active duty member of the Armed Forces of | ||||||||||||||||||||||||||||||||||||||||||
| 15 | the United States, a member of the Illinois National Guard, or | ||||||||||||||||||||||||||||||||||||||||||
| 16 | a member of the Reserve Forces of the United States is exempt | ||||||||||||||||||||||||||||||||||||||||||
| 17 | from the application fee. $6 of each fee derived from the
| ||||||||||||||||||||||||||||||||||||||||||
| 18 | issuance of Firearm Owner's Identification Cards, or renewals | ||||||||||||||||||||||||||||||||||||||||||
| 19 | thereof,
shall be deposited in the Wildlife and Fish Fund in | ||||||||||||||||||||||||||||||||||||||||||
| 20 | the State Treasury;
$1 of the fee shall be deposited in the | ||||||||||||||||||||||||||||||||||||||||||
| 21 | State Police Services Fund and $3 of the fee shall be deposited | ||||||||||||||||||||||||||||||||||||||||||
| 22 | in the
State Police Firearm Services Fund. | ||||||||||||||||||||||||||||||||||||||||||
| 23 | (b) (Blank). Renewal applications shall be approved or | ||||||||||||||||||||||||||||||||||||||||||
| |||||||
| |||||||
| 1 | denied within 60 business days, provided the applicant | ||||||
| 2 | submitted his or her renewal application prior to the | ||||||
| 3 | expiration of his or her Firearm Owner's Identification Card. | ||||||
| 4 | If a renewal application has been submitted prior to the | ||||||
| 5 | expiration date of the applicant's Firearm Owner's | ||||||
| 6 | Identification Card, the Firearm Owner's Identification Card | ||||||
| 7 | shall remain valid while the Department processes the | ||||||
| 8 | application, unless the person is subject to or becomes subject | ||||||
| 9 | to revocation under this Act. The cost for a renewal | ||||||
| 10 | application shall be $10 which shall be deposited into the | ||||||
| 11 | State Police Firearm Services Fund.
| ||||||
| 12 | (Source: P.A. 100-906, eff. 1-1-19.)
| ||||||
| 13 | (430 ILCS 65/7) (from Ch. 38, par. 83-7)
| ||||||
| 14 | Sec. 7. Validity of Firearm Owner's Identification Card. | ||||||
| 15 | (a) Except as provided in Section 8 of this Act or | ||||||
| 16 | subsection (b) of this Section, a Firearm Owner's
| ||||||
| 17 | Identification Card issued under the provisions of this Act | ||||||
| 18 | shall be valid
for the person to whom it is issued for his or | ||||||
| 19 | her lifetime. A Firearm Owner's
Identification Card issued | ||||||
| 20 | before the effective date of this amendatory Act of the 101st | ||||||
| 21 | General Assembly shall be valid during the Card holder's | ||||||
| 22 | lifetime regardless of the expiration date on the Card. a | ||||||
| 23 | period of 10 years from the date
of issuance. | ||||||
| 24 | (b) (Blank). If a renewal application is submitted to the | ||||||
| 25 | Department before the expiration date of the applicant's | ||||||
| |||||||
| |||||||
| 1 | current Firearm Owner's Identification Card, the Firearm | ||||||
| 2 | Owner's Identification Card shall remain valid for a period of | ||||||
| 3 | 60 business days, unless the person is subject to or becomes | ||||||
| 4 | subject to revocation under this Act.
| ||||||
| 5 | (Source: P.A. 100-906, eff. 1-1-19.)
| ||||||
| 6 | (430 ILCS 65/13.2) (from Ch. 38, par. 83-13.2)
| ||||||
| 7 | Sec. 13.2. Name Renewal; name or address change; | ||||||
| 8 | replacement card. The Department of State Police shall, 60 days
| ||||||
| 9 | prior to the expiration of a Firearm Owner's Identification | ||||||
| 10 | Card,
forward by first class mail to each person whose card is | ||||||
| 11 | to expire a
notification of the
expiration of the card and | ||||||
| 12 | instructions for renewal.
It is the obligation of the holder of | ||||||
| 13 | a Firearm Owner's Identification Card
to notify the Department | ||||||
| 14 | of State Police of any address change since the
issuance of
the | ||||||
| 15 | Firearm Owner's Identification Card. Whenever any person moves | ||||||
| 16 | from the residence address named on his or her card, the person | ||||||
| 17 | shall within 21 calendar days thereafter notify in a form and | ||||||
| 18 | manner prescribed by the Department of his or her old and new | ||||||
| 19 | residence addresses and the card number held by him or her. Any | ||||||
| 20 | person whose legal name has changed from the name on the card | ||||||
| 21 | that he or she has been previously issued must apply for a | ||||||
| 22 | corrected card within 30 calendar days after the change. The | ||||||
| 23 | cost for a corrected card shall be $5. The cost for replacement | ||||||
| 24 | of a card which has been lost, destroyed, or stolen shall be $5 | ||||||
| 25 | if the loss, destruction, or theft of the card is reported to | ||||||
| |||||||
| |||||||
| 1 | the Department of State Police. The fees collected under this | ||||||
| 2 | Section shall be deposited into the State Police Firearm | ||||||
| 3 | Services Fund.
| ||||||
| 4 | (Source: P.A. 100-906, eff. 1-1-19.)
| ||||||
| 5 | (430 ILCS 65/14) (from Ch. 38, par. 83-14)
| ||||||
| 6 | Sec. 14. Sentence.
| ||||||
| 7 | (a) Until the effective date of this amendatory Act of the | ||||||
| 8 | 101st General Assembly, except Except as provided in subsection | ||||||
| 9 | (a-5), a violation of paragraph (1) of subsection (a) of | ||||||
| 10 | Section 2, when the
person's Firearm Owner's
Identification | ||||||
| 11 | Card is expired but the person is not otherwise disqualified
| ||||||
| 12 | from renewing the card, is a Class A misdemeanor.
| ||||||
| 13 | (a-5) Until the effective date of this amendatory Act of | ||||||
| 14 | the 101st General Assembly, a A violation of paragraph (1) of | ||||||
| 15 | subsection (a) of Section 2, when the
person's Firearm Owner's
| ||||||
| 16 | Identification Card is expired but the person is not otherwise | ||||||
| 17 | disqualified
from owning, purchasing, or possessing firearms, | ||||||
| 18 | is a petty offense if the card was expired for 6 months or less | ||||||
| 19 | from the date of expiration. | ||||||
| 20 | (b) Except as provided in subsection (a) with respect to an | ||||||
| 21 | expired
card, a violation of paragraph (1) of subsection (a) of | ||||||
| 22 | Section 2 is a
Class A misdemeanor when the person does not | ||||||
| 23 | possess a currently valid Firearm
Owner's Identification Card, | ||||||
| 24 | but is otherwise eligible under this Act. A
second or | ||||||
| 25 | subsequent violation is a Class 4 felony.
| ||||||
| |||||||
| |||||||
| 1 | (c) A violation of paragraph (1) of subsection (a) of | ||||||
| 2 | Section 2 is a Class
3 felony when:
| ||||||
| 3 | (1) the person's Firearm Owner's Identification Card | ||||||
| 4 | is revoked or
subject to revocation under Section 8; or
| ||||||
| 5 | (2) Until the effective date of this amendatory Act of | ||||||
| 6 | the 101st General Assembly, the person's Firearm Owner's | ||||||
| 7 | Identification Card is expired and not
otherwise eligible | ||||||
| 8 | for renewal under this Act; or
| ||||||
| 9 | (3) the person does not possess a currently valid | ||||||
| 10 | Firearm Owner's
Identification Card, and the person is not | ||||||
| 11 | otherwise eligible under this
Act.
| ||||||
| 12 | (d) A violation of subsection (a) of Section 3 is a Class 4 | ||||||
| 13 | felony.
A third or subsequent conviction is a Class 1 felony.
| ||||||
| 14 | (d-5) Any person who knowingly enters false information on | ||||||
| 15 | an application
for a Firearm Owner's Identification Card, who | ||||||
| 16 | knowingly gives a false answer
to any question on the | ||||||
| 17 | application, or who knowingly submits false evidence in
| ||||||
| 18 | connection with an application is guilty of a Class 2 felony.
| ||||||
| 19 | (e) Except as provided by Section 6.1 of this Act, any | ||||||
| 20 | other
violation of this Act is a Class A misdemeanor.
| ||||||
| 21 | (Source: P.A. 97-1131, eff. 1-1-13.)
| ||||||
| 22 | Section 10. The Firearm Concealed Carry Act is amended by | ||||||
| 23 | changing Sections 10, 45, 50, 60, 70, and 75 as follows:
| ||||||
| 24 | (430 ILCS 66/10)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 10. Issuance of licenses to carry a concealed firearm. | ||||||
| 2 | (a) The Department shall issue a license to carry a | ||||||
| 3 | concealed firearm under this Act to an applicant who: | ||||||
| 4 | (1) meets the qualifications of Section 25 of this Act; | ||||||
| 5 | (2) has provided the application and documentation | ||||||
| 6 | required in Section 30 of this Act; | ||||||
| 7 | (3) has submitted the requisite fees; and | ||||||
| 8 | (4) does not pose a danger to himself, herself, or | ||||||
| 9 | others, or a threat to public safety as determined by the | ||||||
| 10 | Concealed Carry Licensing Review Board in accordance with | ||||||
| 11 | Section 20. | ||||||
| 12 | (b) The Department shall issue a renewal, corrected, or | ||||||
| 13 | duplicate license as provided in this Act. | ||||||
| 14 | (c) A license shall be valid throughout the State for a | ||||||
| 15 | period of 5 years from the date of issuance. A license shall | ||||||
| 16 | permit the licensee to: | ||||||
| 17 | (1) carry a loaded or unloaded concealed firearm, fully | ||||||
| 18 | concealed or partially concealed, on or about his or her | ||||||
| 19 | person; and
| ||||||
| 20 | (2) keep or carry a loaded or unloaded concealed | ||||||
| 21 | firearm on or about his or her person within a vehicle. | ||||||
| 22 | (d) The Department shall make applications for a license | ||||||
| 23 | available no later than 180 days after the effective date of | ||||||
| 24 | this Act. The Department shall establish rules for the | ||||||
| 25 | availability and submission of applications in accordance with | ||||||
| 26 | this Act. | ||||||
| |||||||
| |||||||
| 1 | (e) An application for a license submitted to the | ||||||
| 2 | Department that contains all the information and materials | ||||||
| 3 | required by this Act, including the requisite fee, shall be | ||||||
| 4 | deemed completed. Except as otherwise provided in this Act, no | ||||||
| 5 | later than 90 days after receipt of a completed application, | ||||||
| 6 | the Department shall issue or deny the applicant a license. | ||||||
| 7 | (f) The Department shall deny the applicant a license if | ||||||
| 8 | the applicant fails to meet the requirements under this Act or | ||||||
| 9 | the Department receives a determination from the Board that the | ||||||
| 10 | applicant is ineligible for a license. The Department must | ||||||
| 11 | notify the applicant stating the grounds for the denial. The | ||||||
| 12 | notice of denial must inform the applicant of his or her right | ||||||
| 13 | to an appeal through administrative and judicial review. | ||||||
| 14 | (g) A licensee shall possess a license at all times the | ||||||
| 15 | licensee carries a concealed firearm except: | ||||||
| 16 | (1) when the licensee is carrying or possessing a | ||||||
| 17 | concealed firearm on his or her land or in his or her | ||||||
| 18 | abode, legal dwelling, or fixed place of business, or on | ||||||
| 19 | the land or in the legal dwelling of another person as an | ||||||
| 20 | invitee with that person's permission; | ||||||
| 21 | (2) when the person is authorized to carry a firearm | ||||||
| 22 | under Section 24-2 of the Criminal Code of 2012, except | ||||||
| 23 | subsection (a-5) of that Section; or | ||||||
| 24 | (3) when the handgun is broken down in a | ||||||
| 25 | non-functioning state, is not immediately accessible, or | ||||||
| 26 | is unloaded and enclosed in a case. | ||||||
| |||||||
| |||||||
| 1 | (h) If an officer of a law enforcement agency initiates an | ||||||
| 2 | investigative stop, including but not limited to a traffic | ||||||
| 3 | stop, of a licensee or a non-resident carrying a concealed | ||||||
| 4 | firearm under subsection (e) of
Section 40 of this Act, upon | ||||||
| 5 | the request of the officer the licensee or non-resident shall | ||||||
| 6 | disclose to the officer that he or she is in possession of a | ||||||
| 7 | concealed firearm under this Act, or present the license upon | ||||||
| 8 | the request of the officer if he or she is a licensee or | ||||||
| 9 | present upon the request of the officer evidence
under | ||||||
| 10 | paragraph (2) of subsection (e) of Section 40 of this Act that | ||||||
| 11 | he or she is a non-resident qualified to carry
under that | ||||||
| 12 | subsection. The disclosure requirement under this subsection | ||||||
| 13 | (h) is satisfied if the licensee presents his or her license to | ||||||
| 14 | the officer or the non-resident presents to the officer | ||||||
| 15 | evidence under paragraph (2) of subsection (e) of Section 40 of | ||||||
| 16 | this Act that he or she is qualified to carry under that | ||||||
| 17 | subsection. Upon the request of the officer, the licensee or | ||||||
| 18 | non-resident shall also identify the location of the concealed | ||||||
| 19 | firearm and permit the officer to safely secure the firearm for | ||||||
| 20 | the duration of the investigative stop. During a traffic stop, | ||||||
| 21 | any
passenger within the vehicle who is a licensee or a | ||||||
| 22 | non-resident carrying under subsection (e) of
Section 40 of | ||||||
| 23 | this Act must comply with the requirements of this subsection | ||||||
| 24 | (h). | ||||||
| 25 | (h-1) If a licensee carrying a firearm or a non-resident | ||||||
| 26 | carrying a firearm in a vehicle under subsection (e) of Section | ||||||
| |||||||
| |||||||
| 1 | 40 of this Act is contacted by a law enforcement officer or | ||||||
| 2 | emergency
services personnel, the law enforcement officer or | ||||||
| 3 | emergency services personnel may secure the firearm
or direct | ||||||
| 4 | that it be secured during the duration of the contact if the | ||||||
| 5 | law enforcement officer or emergency
services personnel | ||||||
| 6 | determines that it is necessary for the safety of any person
| ||||||
| 7 | present, including the law enforcement officer or emergency | ||||||
| 8 | services personnel. The licensee or nonresident
shall submit to | ||||||
| 9 | the order to secure the firearm. When the law enforcement | ||||||
| 10 | officer or emergency services
personnel have determined that | ||||||
| 11 | the licensee or non-resident is not a threat to
the safety of | ||||||
| 12 | any person present, including the law enforcement officer or | ||||||
| 13 | emergency services personnel, and
if the licensee or | ||||||
| 14 | non-resident is physically and mentally capable of
possessing | ||||||
| 15 | the firearm, the law enforcement officer or emergency services | ||||||
| 16 | personnel shall return the
firearm to the licensee or | ||||||
| 17 | non-resident before releasing him or her from the
scene and | ||||||
| 18 | breaking contact. If the licensee or non-resident is | ||||||
| 19 | transported for
treatment to another location, the firearm | ||||||
| 20 | shall be turned over to any peace
officer. The peace officer | ||||||
| 21 | shall provide a receipt which includes the make,
model, | ||||||
| 22 | caliber, and serial number of the firearm. | ||||||
| 23 | (i) The Department shall maintain a database of license | ||||||
| 24 | applicants and licensees. The database shall be available to | ||||||
| 25 | all federal, State, and local law enforcement agencies, State's | ||||||
| 26 | Attorneys, the Attorney General, and authorized court | ||||||
| |||||||
| |||||||
| 1 | personnel. Within 180 days after the effective date of this | ||||||
| 2 | Act, the database shall be searchable and provide all | ||||||
| 3 | information included in the application, including the | ||||||
| 4 | applicant's previous addresses within the 10 years prior to the | ||||||
| 5 | license application and any information related to violations | ||||||
| 6 | of this Act. No law enforcement agency, State's Attorney, | ||||||
| 7 | Attorney General, or member or staff of the judiciary shall | ||||||
| 8 | provide any information to a requester who is not entitled to | ||||||
| 9 | it by law. | ||||||
| 10 | (j) No later than 10 days after receipt of a completed | ||||||
| 11 | application, the Department shall enter the relevant | ||||||
| 12 | information about the applicant into the database under | ||||||
| 13 | subsection (i) of this Section which is accessible by law | ||||||
| 14 | enforcement agencies.
| ||||||
| 15 | (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-29, | ||||||
| 16 | eff. 7-10-15.)
| ||||||
| 17 | (430 ILCS 66/45)
| ||||||
| 18 | Sec. 45. Civil immunity; Board, employees, and agents. The | ||||||
| 19 | Board, Department, local law enforcement agency, or the | ||||||
| 20 | employees and agents of the Board, Department, or local law | ||||||
| 21 | enforcement agency participating in the licensing process | ||||||
| 22 | under this Act shall not be held liable for damages in any | ||||||
| 23 | civil action arising from alleged wrongful or improper | ||||||
| 24 | granting, denying, renewing, revoking, suspending, or failing | ||||||
| 25 | to grant, deny, renew, revoke, or suspend a license under this | ||||||
| |||||||
| |||||||
| 1 | Act, except for willful or wanton misconduct.
| ||||||
| 2 | (Source: P.A. 98-63, eff. 7-9-13.)
| ||||||
| 3 | (430 ILCS 66/50)
| ||||||
| 4 | Sec. 50. Lifetime license License renewal. | ||||||
| 5 | (a) A license shall be valid during the licensee's | ||||||
| 6 | lifetime. A license issued before the effective date of this | ||||||
| 7 | amendatory Act of the 101st General Assembly shall be valid | ||||||
| 8 | during the licensee's lifetime regardless of the expiration | ||||||
| 9 | date on the license. This subsection (a) applies through the | ||||||
| 10 | 180th day following the effective date of this amendatory Act | ||||||
| 11 | of the 101st General Assembly. Applications for renewal of a | ||||||
| 12 | license shall be made to the Department. A license shall be | ||||||
| 13 | renewed for a period of 5 years upon receipt of a completed | ||||||
| 14 | renewal application, completion of 3 hours of training required | ||||||
| 15 | under Section 75 of this Act, payment of the applicable renewal | ||||||
| 16 | fee, and completion of an investigation under Section 35 of | ||||||
| 17 | this Act. The renewal application shall contain the information | ||||||
| 18 | required in Section 30 of this Act, except that the applicant | ||||||
| 19 | need not resubmit a full set of fingerprints. | ||||||
| 20 | (b) (Blank). This subsection (b) applies on and after the | ||||||
| 21 | 181st day following the effective date of this amendatory Act | ||||||
| 22 | of the 101st General Assembly. Applications for renewal of a | ||||||
| 23 | license shall be made to the Department. A license shall be | ||||||
| 24 | renewed for a period of 5 years from the date of expiration on | ||||||
| 25 | the applicant's current license upon the receipt of a completed | ||||||
| |||||||
| |||||||
| 1 | renewal application, completion of 3 hours of training required | ||||||
| 2 | under Section 75 of this Act, payment of the applicable renewal | ||||||
| 3 | fee, and completion of an investigation under Section 35 of | ||||||
| 4 | this Act. The renewal application shall contain the information | ||||||
| 5 | required in Section 30 of this Act, except that the applicant | ||||||
| 6 | need not resubmit a full set of fingerprints.
| ||||||
| 7 | (Source: P.A. 101-80, eff. 7-12-19.)
| ||||||
| 8 | (430 ILCS 66/60)
| ||||||
| 9 | Sec. 60. Fees. | ||||||
| 10 | (a) All fees collected under this Act shall be deposited as | ||||||
| 11 | provided in this Section. Application, renewal, and | ||||||
| 12 | replacement fees shall be non-refundable. | ||||||
| 13 | (b) An applicant for a new license or a renewal shall | ||||||
| 14 | submit $150 with the application, of which $120 shall be | ||||||
| 15 | apportioned to the State Police Firearm Services Fund, $20 | ||||||
| 16 | shall be apportioned to the Mental Health Reporting Fund, and | ||||||
| 17 | $10 shall be apportioned to the State Crime Laboratory Fund. | ||||||
| 18 | (c) A non-resident applicant for a new license or renewal | ||||||
| 19 | shall submit $300 with the application, of which $250 shall be | ||||||
| 20 | apportioned to the State Police Firearm Services Fund, $40 | ||||||
| 21 | shall be apportioned to the Mental Health Reporting Fund, and | ||||||
| 22 | $10 shall be apportioned to the State Crime Laboratory Fund. | ||||||
| 23 | (d) A licensee requesting a new license replacement in | ||||||
| 24 | accordance with Section 55 shall submit $75, of which $60 shall | ||||||
| 25 | be apportioned to the State Police Firearm Services Fund, $5 | ||||||
| |||||||
| |||||||
| 1 | shall be apportioned to the Mental Health Reporting Fund, and | ||||||
| 2 | $10 shall be apportioned to the State Crime Laboratory Fund.
| ||||||
| 3 | (Source: P.A. 98-63, eff. 7-9-13.)
| ||||||
| 4 | (430 ILCS 66/70) | ||||||
| 5 | Sec. 70. Violations. | ||||||
| 6 | (a) A license issued or renewed under this Act shall be | ||||||
| 7 | revoked if, at any time, the licensee is found to be ineligible | ||||||
| 8 | for a license under this Act or the licensee no longer meets | ||||||
| 9 | the eligibility requirements of the Firearm Owners | ||||||
| 10 | Identification Card Act. | ||||||
| 11 | (b) A license shall be suspended if an order of protection, | ||||||
| 12 | including an emergency order of protection, plenary order of | ||||||
| 13 | protection, or interim order of protection under Article 112A | ||||||
| 14 | of the Code of Criminal Procedure of 1963 or under the Illinois | ||||||
| 15 | Domestic Violence Act of 1986, or if a firearms restraining | ||||||
| 16 | order, including an emergency firearms restraining order, | ||||||
| 17 | under the Firearms Restraining Order Act, is issued against a | ||||||
| 18 | licensee for the duration of the order, or if the Department is | ||||||
| 19 | made aware of a similar order issued against the licensee in | ||||||
| 20 | any other jurisdiction. If an order of protection is issued | ||||||
| 21 | against a licensee, the licensee shall surrender the license, | ||||||
| 22 | as applicable, to the court at the time the order is entered or | ||||||
| 23 | to the law enforcement agency or entity serving process at the | ||||||
| 24 | time the licensee is served the order. The court, law | ||||||
| 25 | enforcement agency, or entity responsible for serving the order | ||||||
| |||||||
| |||||||
| 1 | of protection shall notify the Department within 7 days and | ||||||
| 2 | transmit the license to the Department. | ||||||
| 3 | (c) (Blank). A license is invalid upon expiration of the | ||||||
| 4 | license, unless the licensee has submitted an application to | ||||||
| 5 | renew the license, and the applicant is otherwise eligible to | ||||||
| 6 | possess a license under this Act. | ||||||
| 7 | (d) A licensee shall not carry a concealed firearm while | ||||||
| 8 | under the influence of alcohol, other drug or drugs, | ||||||
| 9 | intoxicating compound or combination of compounds, or any | ||||||
| 10 | combination thereof, under the standards set forth in | ||||||
| 11 | subsection (a) of Section 11-501 of the Illinois Vehicle Code. | ||||||
| 12 | A licensee in violation of this subsection (d) shall be | ||||||
| 13 | guilty of a Class A misdemeanor for a first or second violation | ||||||
| 14 | and a Class 4 felony for a third violation. The Department may | ||||||
| 15 | suspend a license for up to 6 months for a second violation and | ||||||
| 16 | shall permanently revoke a license for a third violation. | ||||||
| 17 | (e) Except as otherwise provided, a licensee in violation | ||||||
| 18 | of this Act shall be guilty of a Class B misdemeanor. A second | ||||||
| 19 | or subsequent violation is a Class A misdemeanor. The | ||||||
| 20 | Department may suspend a license for up to 6 months for a | ||||||
| 21 | second violation and shall permanently revoke a license for 3 | ||||||
| 22 | or more violations of Section 65 of this Act. Any person | ||||||
| 23 | convicted of a violation under this Section shall pay a $150 | ||||||
| 24 | fee to be deposited into the Mental Health Reporting Fund, plus | ||||||
| 25 | any applicable court costs or fees. | ||||||
| 26 | (f) A licensee convicted or found guilty of a violation of | ||||||
| |||||||
| |||||||
| 1 | this Act who has a valid license and is otherwise eligible to | ||||||
| 2 | carry a concealed firearm shall only be subject to the | ||||||
| 3 | penalties under this Section and shall not be subject to the | ||||||
| 4 | penalties under Section 21-6, paragraph (4), (8), or (10) of | ||||||
| 5 | subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5) | ||||||
| 6 | of paragraph (3) of subsection (a) of Section 24-1.6 of the | ||||||
| 7 | Criminal Code of 2012. Except as otherwise provided in this | ||||||
| 8 | subsection, nothing in this subsection prohibits the licensee | ||||||
| 9 | from being subjected to penalties for violations other than | ||||||
| 10 | those specified in this Act. | ||||||
| 11 | (g) A licensee whose license is revoked, suspended, or | ||||||
| 12 | denied shall, within 48 hours of receiving notice of the | ||||||
| 13 | revocation, suspension, or denial, surrender his or her | ||||||
| 14 | concealed carry license to the local law enforcement agency | ||||||
| 15 | where the person resides. The local law enforcement agency | ||||||
| 16 | shall provide the licensee a receipt and transmit the concealed | ||||||
| 17 | carry license to the Department of State Police. If the | ||||||
| 18 | licensee whose concealed carry license has been revoked, | ||||||
| 19 | suspended, or denied fails to comply with the requirements of | ||||||
| 20 | this subsection, the law enforcement agency where the person | ||||||
| 21 | resides may petition the circuit court to issue a warrant to | ||||||
| 22 | search for and seize the concealed carry license in the | ||||||
| 23 | possession and under the custody or control of the licensee | ||||||
| 24 | whose concealed carry license has been revoked, suspended, or | ||||||
| 25 | denied. The observation of a concealed carry license in the | ||||||
| 26 | possession of a person whose license has been revoked, | ||||||
| |||||||
| |||||||
| 1 | suspended, or denied constitutes a sufficient basis for the | ||||||
| 2 | arrest of that person for violation of this subsection. A | ||||||
| 3 | violation of this subsection is a Class A misdemeanor. | ||||||
| 4 | (h) A license issued or renewed under this Act shall be | ||||||
| 5 | revoked if, at any time, the licensee is found ineligible for a | ||||||
| 6 | Firearm Owner's Identification Card, or the licensee no longer | ||||||
| 7 | possesses a valid Firearm Owner's Identification Card. A | ||||||
| 8 | licensee whose license is revoked under this subsection (h) | ||||||
| 9 | shall surrender his or her concealed carry license as provided | ||||||
| 10 | for in subsection (g) of this Section. | ||||||
| 11 | This subsection shall not apply to a person who has filed | ||||||
| 12 | an application with the State Police for renewal of a Firearm
| ||||||
| 13 | Owner's Identification Card and who is not otherwise ineligible | ||||||
| 14 | to obtain a Firearm Owner's Identification Card.
| ||||||
| 15 | (i) A certified firearms instructor who knowingly provides | ||||||
| 16 | or offers to provide a false certification that an applicant | ||||||
| 17 | has completed firearms training as required under this Act is | ||||||
| 18 | guilty of a Class A misdemeanor. A person guilty of a violation | ||||||
| 19 | of this subsection (i) is not eligible for court supervision. | ||||||
| 20 | The Department shall permanently revoke the firearms | ||||||
| 21 | instructor certification of a person convicted under this | ||||||
| 22 | subsection (i). | ||||||
| 23 | (Source: P.A. 100-607, eff. 1-1-19.)
| ||||||
| 24 | (430 ILCS 66/75)
| ||||||
| 25 | Sec. 75. Applicant firearm training. | ||||||
| |||||||
| |||||||
| 1 | (a) Within 60 days of the effective date of this Act, the | ||||||
| 2 | Department shall begin approval of firearm training courses and | ||||||
| 3 | shall make a list of approved courses available on the | ||||||
| 4 | Department's website. | ||||||
| 5 | (b) An applicant for a new license shall provide proof of | ||||||
| 6 | completion of a firearms training course or combination of | ||||||
| 7 | courses approved by the Department of at least 16 hours, which | ||||||
| 8 | includes range qualification time under subsection (c) of this | ||||||
| 9 | Section, that covers the following: | ||||||
| 10 | (1) firearm safety; | ||||||
| 11 | (2) the basic principles of marksmanship; | ||||||
| 12 | (3) care, cleaning, loading, and unloading of a | ||||||
| 13 | concealable firearm; | ||||||
| 14 | (4) all applicable State and federal laws relating to | ||||||
| 15 | the ownership, storage, carry, and transportation of a | ||||||
| 16 | firearm; and | ||||||
| 17 | (5) instruction on the appropriate and lawful | ||||||
| 18 | interaction with law enforcement while transporting or | ||||||
| 19 | carrying a concealed firearm. | ||||||
| 20 | (c) An applicant for a new license shall provide proof of | ||||||
| 21 | certification by a certified instructor that the applicant | ||||||
| 22 | passed a live fire exercise with a concealable firearm | ||||||
| 23 | consisting of: | ||||||
| 24 | (1) a minimum of 30 rounds; and | ||||||
| 25 | (2) 10 rounds from a distance of 5 yards; 10 rounds | ||||||
| 26 | from a distance of 7 yards; and 10 rounds from a distance | ||||||
| |||||||
| |||||||
| 1 | of 10 yards at a B-27 silhouette target approved by the | ||||||
| 2 | Department. | ||||||
| 3 | (d) (Blank). An applicant for renewal of a license shall | ||||||
| 4 | provide proof of completion of a firearms training course or | ||||||
| 5 | combination of courses approved by the Department of at least 3 | ||||||
| 6 | hours. | ||||||
| 7 | (e) A certificate of completion for an applicant's firearm | ||||||
| 8 | training course shall not be issued to a student who: | ||||||
| 9 | (1) does not follow the orders of the certified | ||||||
| 10 | firearms instructor;
| ||||||
| 11 | (2) in the judgment of the certified instructor, | ||||||
| 12 | handles a firearm in a manner that poses a danger to the | ||||||
| 13 | student or to others; or
| ||||||
| 14 | (3) during the range firing portion of testing fails to | ||||||
| 15 | hit the target with 70% of the rounds fired. | ||||||
| 16 | (f) An instructor shall maintain a record of each student's | ||||||
| 17 | performance for at least 5 years, and shall make all records | ||||||
| 18 | available upon demand of authorized personnel of the | ||||||
| 19 | Department. | ||||||
| 20 | (g) The Department and certified firearms instructors | ||||||
| 21 | shall recognize up to 8 hours of training already completed | ||||||
| 22 | toward the 16 hour training requirement under this Section if | ||||||
| 23 | the training course is submitted to and approved by the | ||||||
| 24 | Department. Any remaining hours that the applicant completes | ||||||
| 25 | must at least cover the classroom subject matter of paragraph | ||||||
| 26 | (4) of subsection (b) of this Section, and the range | ||||||
| |||||||
| |||||||
| 1 | qualification in subsection (c) of this Section. | ||||||
| 2 | (h) A person who has qualified to carry a firearm as an | ||||||
| 3 | active law enforcement or corrections officer, who has | ||||||
| 4 | successfully completed firearms training as required by his or | ||||||
| 5 | her law enforcement agency and is authorized by his or her | ||||||
| 6 | agency to carry a firearm; a person currently certified as a | ||||||
| 7 | firearms instructor by this Act or by the Illinois Law | ||||||
| 8 | Enforcement Training Standards Board; or a person who has | ||||||
| 9 | completed the required training and has been issued a firearm | ||||||
| 10 | control card by the Department of Financial and Professional | ||||||
| 11 | Regulation shall be exempt from the requirements of this | ||||||
| 12 | Section. | ||||||
| 13 | (i) The Department and certified firearms instructors | ||||||
| 14 | shall recognize 8 hours of training as completed toward the 16 | ||||||
| 15 | hour training requirement under this Section, if the applicant | ||||||
| 16 | is an active, retired, or honorably discharged member of the | ||||||
| 17 | United States Armed Forces. Any remaining hours that the | ||||||
| 18 | applicant completes must at least cover the classroom subject | ||||||
| 19 | matter of paragraph (4) of subsection (b) of this Section, and | ||||||
| 20 | the range qualification in subsection (c) of this Section.
| ||||||
| 21 | (j) The Department and certified firearms instructors | ||||||
| 22 | shall recognize up to 8 hours of training already
completed | ||||||
| 23 | toward the 16 hour training requirement under this Section if | ||||||
| 24 | the training course is approved
by the Department and was | ||||||
| 25 | completed in connection with the applicant's previous | ||||||
| 26 | employment as a law
enforcement or corrections officer. Any | ||||||
| |||||||
| |||||||
| 1 | remaining hours that the applicant completes must at least | ||||||
| 2 | cover the classroom
subject matter of paragraph (4) of | ||||||
| 3 | subsection (b) of this Section, and the range qualification in
| ||||||
| 4 | subsection (c) of this Section. A former law enforcement or | ||||||
| 5 | corrections officer seeking credit under this subsection (j) | ||||||
| 6 | shall provide evidence that he or she separated from employment | ||||||
| 7 | in good standing from each law enforcement agency where he or | ||||||
| 8 | she was employed. An applicant who was discharged from a law | ||||||
| 9 | enforcement agency for misconduct or disciplinary reasons is | ||||||
| 10 | not eligible for credit under this subsection (j). | ||||||
| 11 | (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.)
| ||||||