HB0997 Engrossed LRB098 04070 RLC 34093 b
1		AN ACT concerning firearms.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 1. Short title. This Act may be cited as the
5		Illinois Concealed Carry Act.
6		Section 10. Definitions. As used in this Act:
7		"Concealed firearm" means a loaded or unloaded handgun
8		carried on or about a person completely or mostly concealed
9		from view of the public, or carried in a vehicle in such a way
10		as it is concealed from view of the public.
11		"Department" means the Department of State Police.
12		"Director" means the Director of State Police.
13		"Fund" means the Citizen Safety and Self-Defense Trust
14		Fund.
15		"Handgun" means any device which is designed to expel a
16		projectile or projectiles by the action of an explosion,
17		expansion of gas, or escape of gas that is designed to be held
18		and fired by the use of a single hand, and includes a
19		combination of parts from which that firearm can be assembled.
20		"Handgun" includes, but is not limited to, magazines,
21		ammunition, laser sighting devices and other accessories
22		intrinsic to a handgun carried for defensive purposes.
23		"Handgun" does not include a stun gun or taser.

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1		"License" means a license issued by the Department of State
2		Police to carry a loaded or unloaded handgun.
3		"Licensee" means a person issued a license to carry a
4		concealed firearm.
5		"Peace officer" means (i) any person who by virtue of his
6		or her office or public employment is vested by law with a duty
7		to maintain public order and to make arrests for offenses,
8		whether that duty extends to all offenses or is limited to
9		specific offenses, or (ii) any person who, by statute, is
10		granted and authorized to exercise powers similar to those
11		conferred upon any peace officer employed by a law enforcement
12		agency of this State. The term "peace officer" does not apply
13		to an alderman acting as a conservator of the peace under
14		Section 3.1-15-25 of the Illinois Municipal Code.
15		Section 15. State Police Firearm Services Fund and Mental
16		Health Reporting Fund.
17		(a) All application fees shall be deposited into the State
18		Police Firearm Services Fund and the Mental Health Reporting
19		Fund. For each new license or nonresident license, $70 shall be
20		apportioned to the State Police Firearm Services Fund and $30
21		shall be apportioned to the Mental Health Reporting Fund. For
22		each renewal, duplicate, corrected or late renewal fee, $20
23		shall be apportioned to the State Police Firearm Services Fund
24		and $15 shall be apportioned to the Mental Health Reporting
25		Fund.

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1		(b) State Police Firearm Services Fund. There is created in
2		the State treasury a special fund known as the State Police
3		Firearm Services Fund. The Fund shall receive revenue under
4		Section 5 of the Firearm Owners Identification Card Act, this
5		Act, and Section 24-1.9 of the Criminal Code of 2012. The Fund
6		may also receive revenue from grants, pass-through grants,
7		donations, appropriations and any other lawful source.
8		(1) The Department of State Police may use monies in
9		the Fund to finance any of its lawful purposes, mandates,
10		functions, and duties under the Firearm Owners
11		Identification Card Act, this Act, and Section 24-1.9 of
12		the Criminal Code of 2012, including the cost of sending
13		notices of expiration and Firearm Owner's Identification
14		Cards, concealed carry licenses, the prompt and efficient
15		processing of applications under the Firearm Owners
16		Identification Card Act, and this Act, the improved
17		efficiency and reporting of the LEADS and federal NICS law
18		enforcement data systems, and support for investigations
19		required under these Acts and laws. Any surplus funds
20		beyond what is needed to comply with the aforementioned
21		purposes shall be used by the Department to improve LEADS
22		and the criminal history background check system.
23		(2) Investment income that is attributable to the
24		investment of moneys in the Fund shall be retained in the
25		Fund for the uses specified in paragraph (1) of this
26		subsection.

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1		(3) The State Police Firearm Services Fund shall not be
2		subject to administrative chargebacks.
3		(c) Mental Health Reporting Fund. There is created in the
4		State treasury a special fund known as the Mental Health
5		Reporting Fund. The Fund shall receive revenue under this Act.
6		The Fund may also receive revenue from grants, pass-through
7		grants, donations, appropriations, and any other lawful
8		source.
9		(1) Acting in coordination, the Department of State
10		Police and the Department of Human Services may use monies
11		in the Fund to finance any of the duties related to
12		collecting mental health records and ensuring that mental
13		health firearm prohibitions are enforced as set forth under
14		the Firearm Owners Identification Card Act and this Act.
15		Any surplus funds beyond what is needed to ensure
16		compliance with mental health reporting shall be used by
17		the Department of Human Services for mental health
18		treatment programs.
19		(2) Investment income that is attributable to the
20		investment of moneys in the Fund shall be retained in the
21		Fund for the uses specified in paragraph (1) of this
22		subsection.
23		(3) The Mental Health Reporting Fund shall not be
24		subject to administrative chargebacks.
25		Section 20. Issuance of licenses to carry a concealed

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1		firearm.
2		(a) The Department shall issue a license to an applicant
3		who: (i) meets the qualifications of Section 25 or Section 65;
4		(ii) has provided the application and documentation required in
5		Section 30; and (iii) has submitted the requisite fees. The
6		Department shall issue a renewal, corrected, or duplicate
7		license in accordance with this Act.
8		(a-5) The Department is authorized to issue licenses to
9		carry a handgun under this Act. A license shall permit the
10		licensee to:
11		(1) carry a loaded or unloaded handgun on or about his
12		or her person, concealed or otherwise;
13		(2) keep or carry a loaded or unloaded handgun on or
14		about his or her person when in a vehicle; and
15		(3) keep a loaded or unloaded handgun openly or
16		concealed in a vehicle.
17		(a-10) A licensee shall possess a license at all times the
18		licensee carries a concealed firearm except (i) if the person
19		is carrying or possessing a concealed firearm and the person is
20		on his or her land, or in his or her abode or legal dwelling, or
21		in the abode or legal dwelling of another person as an invitee
22		with that person's permission; (ii) if the person is authorized
23		to carry a firearm under Section 24-2 of the Criminal Code of
24		2012; or (iii) the handgun is broken down in a non-functioning
25		state, or is not immediately accessible, or is enclosed in a
26		case, firearm carrying box, shipping box or any other

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1		container.
2		(a-15) A licensee shall display the license upon the
3		request of a peace officer or person designated to enforce the
4		provisions of Section 70 when carrying a handgun under the
5		provisions of this Act.
6		(b) Not more than 60 days after the effective date of this
7		Act, the Department shall make applications for a license
8		available upon the effective date of this Act. Applications
9		shall be available at Department locations, on the Department's
10		official website, and any other location designated by the
11		Department.
12		(c) A completed application for a license shall be
13		submitted to the Department with all accompanying materials and
14		fees. The Department shall promptly return an incomplete
15		application to the applicant. Each applicant for a license
16		shall submit an $100 application fee to the Department, $70 of
17		which shall be deposited into the State Police Firearm Services
18		Fund for use in administering the Firearm Owners Identification
19		Act and this Act, and $30 of which shall be deposited into the
20		Mental Health Reporting Fund.
21		(d) The Department may consider an objection to an
22		application, provided the objection is in writing, includes
23		specific reasons for the objection, and is submitted with the
24		application by a municipal law enforcement agency or sheriff.
25		Any objection submitted by a sheriff or a municipal law
26		enforcement agency including reports submitted to the

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1		Department must be disclosed to the applicant unless disclosure
2		would interfere with a criminal investigation. The Department
3		shall maintain a database of applicants searchable by county
4		that may be accessible by sheriffs for use in filing an
5		objection under this subsection.
6		(e) Notwithstanding subsection (a), the Department may
7		consider any objection or recommendation made by the sheriff or
8		a municipal law enforcement agency that demonstrates the
9		applicant is a danger to himself or herself or others. Based
10		upon those objections, if the applicant is found by the
11		Department to be a danger to himself or herself or others, the
12		Department may deny the application and notify the applicant
13		and the sheriff or the municipal law enforcement agency in
14		writing, stating the grounds for denial. The notice of denial
15		must inform the applicant that he or she may, within 90 days
16		for the first year after this Act takes effect and within 45
17		days thereafter, appeal the denial and submit additional
18		materials relevant to the grounds for denial. Upon receiving
19		the additional documentation, the Department shall reconsider
20		its decision and inform the applicant within 30 days of the
21		result of the reconsideration. If upon reconsideration the
22		Department denies the application, the applicant must be
23		informed of the right to administrative review.
24		(f) During an administrative or judicial review of a denial
25		based on subsection (d) or (e) of this Section, the Department
26		shall have the burden of proving by clear and convincing

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1		evidence that the applicant would pose a danger to the
2		applicant's self, another, or public safety, or would use a
3		firearm unlawfully, if granted a license to carry a concealed
4		firearm under this Act.
5		(g) The license shall be issued by the Department within 90
6		days of receipt of a completed application for the first year
7		after the effective date of this Act, and within 45 days of
8		receipt thereafter. A license shall be valid throughout the
9		State for a period of 5 years. If the Department does not act
10		on the application within the time period provided in
11		subsection (e), the applicant may file, in the circuit court of
12		the judicial circuit in which the applicant resides, a
13		complaint for mandamus to compel a decision on the application.
14		If the applicant prevails, he or she shall be entitled to all
15		costs, fees, and damages. If the court decides that the reason
16		for the denial was arbitrary, capricious, malicious, or without
17		merit, the court shall award punitive damages.
18		(h) Any Illinois resident who has a license or permit to
19		carry a handgun issued by another state, as set forth in
20		paragraph (1) of subsection (b) of Section 65, shall be able to
21		carry a handgun in accordance with this Act using that license
22		for 365 days following the effective date of this Act. Those
23		states include, but are not limited to: Arizona, California,
24		Florida, Iowa, Kentucky, Michigan, Minnesota, Missouri, New
25		Mexico, Ohio, Tennessee, Texas, and Wisconsin.
26		(i) The Department shall adopt rules to implement the

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1		provisions of this Section.
2		Section 25. Qualifications of an applicant for a license.
3		The Department shall issue a license to an applicant completing
4		an application in accordance with Section 30 of this Act if the
5		person:
6		(a) is at least 21 years of age;
7		(b) has a valid Firearm Owner's Identification Card or,
8		if applying for a nonresident license, has a notarized
9		document stating that the applicant is eligible under
10		federal law and the laws of his or her home state to
11		possess a firearm;
12		(c) is not prohibited under the Firearm Owners
13		Identification Card Act or federal law from possessing or
14		receiving a firearm;
15		(d) is not the subject of a pending arrest warrant,
16		prosecution, or proceeding for an offense or action that
17		could lead to disqualification under subsection (c);
18		(e) does not chronically or habitually abuse alcoholic
19		beverages, as evidenced by either of the following within
20		the 5 years immediately preceding the application:
21		(1) residential or court-ordered treatment for
22		alcoholism or alcohol detoxification; or
23		(2) 2 or more convictions for driving while under
24		the influence or driving while intoxicated; and
25		(f) has completed firearms training and any

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1		educational component required in Section 85 of this Act.
2		Section 30. Contents of application.
3		(a) The application shall be in writing, under oath and
4		penalty of perjury, on a standard form adopted by the
5		Department and shall be accompanied by the documentation
6		required in this Section and all applicable fees.
7		(b) The application shall contain the following
8		information:
9		(1) the applicant's name, current address, gender,
10		date and year of birth, place of birth, height, weight,
11		hair color, eye color, maiden name or any other name the
12		applicant has used or identified with, and any address at
13		which the applicant resided for more than 30 days within
14		the 5 years preceding the date of the application;
15		(2) the applicant's driver's license or state
16		identification card number and the last 4 digits of the
17		applicant's social security number;
18		(3) questions to certify or demonstrate the applicant
19		has completed firearms training and any educational
20		component required in Section 85 of this Act;
21		(4) a statement that the applicant is a resident of the
22		State of Illinois, except persons applying under Section 65
23		shall be instructed to submit the information required in
24		that Section;
25		(5) a waiver of privacy and confidentiality rights and

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1		privileges enjoyed by the applicant under State and federal
2		law sufficient to obtain access to juvenile court, criminal
3		justice, psychological, or psychiatric records, or records
4		relating to the applicant's history, if any, of
5		institutionalization or inpatient treatment for alcoholism
6		or alcohol detoxification, as well as an affirmative
7		request that any person having custody of those records
8		provide copies of them or information concerning them to
9		the Department for the sole purpose of making a
10		determination of an applicant's eligibility under Section
11		25;
12		(6) a conspicuous warning that false statements made by
13		the applicant will result in prosecution for perjury in
14		accordance with Section 32-2 of the Criminal Code of 2012;
15		(7) an affirmation that the applicant either possesses
16		a currently valid Illinois Firearm Owner's Identification
17		Card, in which case the application shall include the card
18		number, or is applying for the card in conjunction with the
19		application for a license, except persons applying under
20		Section 65 shall be instructed to submit a copy of a valid
21		license to carry a handgun issued by their home state, if
22		applicable, or submit a notarized document stating the
23		applicant is eligible under the laws of his or her home
24		state to possess a handgun;
25		(8) an affirmation that the applicant meets the
26		requirements of Section 25 and is not prohibited under the

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1		Firearm Owners Identification Card Act or federal law from
2		possessing a firearm; and
3		(9) an affirmation that the applicant has read and
4		understands Article 7 of the Criminal Code of 2012
5		(Justifiable Use of Force; Exoneration).
6		(c) A person applying for a license shall provide a head
7		and shoulder color photograph in a size specified by the
8		Department that was taken within the 30 days preceding the date
9		of the application. The applicant shall consent to the
10		Department reviewing and using the applicant's digital
11		driver's license or Illinois Identification Card photograph
12		and signature, if available. The Secretary of State shall allow
13		the Department access to the photograph and signature for the
14		purpose of identifying the applicant and issuing the applicant
15		a license.
16		(d) The Department may request a person applying for a
17		license to submit a full set of legible fingerprints if
18		necessary to determine the person's identity. Fingerprinting
19		may be administered by the Department or any other federal,
20		State, county, or municipal law enforcement agency or private
21		vendor or company. The cost of fingerprinting shall be paid by
22		the applicant, provided that the Department or law enforcement
23		agency may charge no more than $15 for a single set of
24		fingerprints. Each applicant for a license that the Department
25		requests to have his or her fingerprints submitted to the
26		Department shall submit them in an electronic format that

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1		complies with the form and manner for requesting and furnishing
2		criminal history record information as prescribed by the
3		Department. These fingerprints shall be checked against the
4		Department and the Federal Bureau of Investigation criminal
5		history record databases. The Department shall charge
6		applicants a fee for conducting the criminal history records
7		check, which shall be deposited into the State Police Firearm
8		Services Fund and shall not exceed the actual cost of the
9		criminal history records check.
10		(e) A person applying for a license shall submit a
11		photocopy of a certificate or other evidence of completion of a
12		course to show compliance with Section 85 of this Act.
13		(f) The Department is authorized to establish a system for
14		electronically submitting applications, including applications
15		for renewal or a replacement license.
16		Section 35. Database of applicants and licensees. Not more
17		than one year after the effective date of this Act:
18		(a) The Department shall maintain a database of applicants
19		for a license and licenses. The database shall be available to
20		all Illinois law enforcement agencies, State's Attorneys, and
21		the Attorney General. Members and staff of the judiciary may
22		access the database for the purpose of determining whether to
23		confiscate a license or to ensure compliance with this Act or
24		any other law. The database shall be searchable and provide all
25		information included in the application, a photo of the

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1		applicant or licensee, and any information related to
2		violations of this Act.
3		(a-5) Individual law enforcement agencies or any other
4		entity of local government shall not maintain any separate
5		records, lists, or searchable databases of applicants and
6		licensees containing information included in the Department's
7		database.
8		(b) The Department shall make available on its website and
9		upon request under the Freedom of Information Act statistical
10		information about the number of licenses issued by county, age,
11		race, or gender. The report shall be updated monthly. Except as
12		provided in this subsection, applications and information in
13		the database shall be confidential and exempt from disclosure
14		under the Freedom of Information Act. The Department may answer
15		requests to confirm or deny whether a person has been issued a
16		license as part of inquiries dealing with a criminal
17		investigation. Individual law enforcement agencies, State's
18		Attorneys, the Attorney General, members of the judiciary, and
19		judicial staff shall sign a confidentiality agreement,
20		prepared by the Department, prior to receiving access to the
21		database. No law enforcement agency, State's Attorney, the
22		Attorney General, or member or staff of the judiciary, other
23		than the Department, shall provide any information to a
24		requester not entitled to it by law, except as required or
25		necessary for the conduct of a criminal investigation.

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1		Section 40. Suspension or revocation of a license.
2		(a) A license issued or renewed under this Act shall be
3		revoked if, at any time, the licensee is found ineligible for a
4		license based on the criteria set forth in Section 25 of this
5		Act or the licensee no longer possesses a Firearm Owner's
6		Identification Card or a nonresident licensee if his or her
7		home state has revoked a license to carry a firearm. A license
8		shall not be revoked unless the revocation is for reasons
9		specifically authorized by this Act. This subsection shall not
10		apply to a person who has filed an application with the State
11		Police for renewal of a Firearm Owner's Identification Card and
12		who is not otherwise ineligible to obtain a Firearm Owner's
13		Identification Card.
14		(b) A license shall be suspended if an order of protection
15		under Section 112A-14 of the Code of Criminal Procedure of 1963
16		or under Section 214 of the Illinois Domestic Violence Act of
17		1986 is issued against a licensee. The license shall be
18		suspended for the duration of the order or until the order is
19		terminated by a court and the Department shall not reissue or
20		renew a license for the duration of the order or until the
21		order is terminated. If an order of protection is issued
22		against a licensee, the licensee shall surrender the license,
23		as applicable, to the court at the time the order is entered or
24		to the law enforcement agency or entity designated to serve
25		process at the time the licensee is served the order. The
26		court, law enforcement agency, or entity responsible for

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1		serving the order shall transmit the license to the Department.
2		(c) The Department may suspend a license for a violation of
3		Section 70.
4		(d) A license shall be invalid upon expiration of the
5		license, unless the licensee has submitted an application to
6		renew the license. A person who fails to renew his or her
7		license within 6 months after its expiration must reapply for a
8		new license and pay the fee for a new application.
9		(e) The Department may suspend a license for up to 90 days
10		if a licensee fails to submit a change of address or name or
11		fails to report a lost or destroyed license to the Department
12		within 60 days of the discovery of the loss or destruction of
13		the license.
14		Section 45. Renewal of license.
15		(a) Not later than 120 days before the expiration of any
16		license issued under this Act, the Department shall notify the
17		licensee in writing of the expiration and furnish an
18		application for renewal of the license or make the application
19		available on-line.
20		(b) Applications for renewal of a license shall be made to
21		the Department. A license shall be renewed for a period of 5
22		years upon receipt of a completed renewal application and a
23		$100 renewal fee. An applicant for a renewal shall submit, on a
24		form prescribed by the Department, proof that the applicant
25		has: (i) participated in at least one shooting competition with

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1		a handgun within 6 months of the application for renewal and
2		attested to by any instructor qualified under this Act; or (ii)
3		completed an equivalent range exercise as prescribed in Section
4		85 and attested to by any instructor qualified under this Act.
5		The Department shall make the range recertification form
6		available on its website or as part of a renewal application.
7		Section 50. Change of address, change of name, or lost or
8		destroyed licenses.
9		(a) The licensee shall notify the Department within 60 days
10		of: (i) moving or changing a residence or any change of name;
11		or (ii) the discovery of the loss or destruction of a license.
12		(b) If a licensee changes residence within this State or
13		changes his or her name, the licensee shall request a new
14		license. The licensee shall submit a $50 fee, a notarized
15		statement that the licensee has changed residence or his or her
16		name, and a photograph as required in Section 30 of this Act.
17		The statement must include the prior and current address or
18		name and the date the applicant moved or changed his or her
19		name.
20		(c) A lost or destroyed license shall be invalid. To
21		request a new license, the licensee shall submit: (i) a $50
22		fee; (ii) a notarized statement that the licensee no longer
23		possesses the license and that it was lost or destroyed, or a
24		copy of a police report stating that the license was lost,
25		destroyed, or stolen; and (iii) a photograph as required in

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1		Section 30 of this Act.
2		Section 65. Nonresident applications and reciprocity.
3		(a) A person from another state or territory of the United
4		States may apply for a nonresident license. The applicant shall
5		apply to the Department and must meet the qualifications
6		established in Section 25. The applicant shall submit:
7		(1) the application and documentation required in
8		Section 30;
9		(2) a notarized document stating the applicant:
10		(A) is eligible under federal law and the laws of
11		his or her home state to possess a firearm;
12		(B) if applicable, has a license or permit to carry
13		a firearm or concealed firearm issued by his or her
14		home state and that a copy is attached to the
15		application;
16		(C) is familiar with Illinois laws pertaining to
17		the possession and transport of firearms; and
18		(D) acknowledges that the applicant is subject to
19		the jurisdiction of the Department and Illinois courts
20		for any violation of this Act; and
21		(3) a $100 application fee.
22		In lieu of an Illinois driver's license or State
23		identification card, the person shall provide similar
24		documentation from his or her state or territory; a nonresident
25		shall not be required to have a Firearm Owner's Identification

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1		Card.
2		(b)(1) Notwithstanding subsection (a), a nonresident of
3		Illinois may carry a handgun in accordance with this Act if the
4		nonresident:
5		(A) is 21 years of age or older;
6		(B) has in his or her immediate possession a valid
7		license that authorizes the individual to carry a concealed
8		firearm issued to him or her by his or her home state; and
9		(C) is a legal resident of the United States.
10		The Department shall recognize any other state's license or
11		permit whose requirements to obtain a license or permit is
12		substantially similar to those requirements contained in
13		Section 85. When required by another state, the Department
14		shall enter into a reciprocal agreement with that state. Those
15		states with substantially similar laws include, but are not
16		limited to: Arizona, California, Florida, Iowa, Kentucky,
17		Michigan, Minnesota, Missouri, New Mexico, Ohio, Tennessee,
18		Texas, and Wisconsin.
19		(2) A nonresident is subject to the same laws and
20		restrictions with respect to carrying a handgun as a resident
21		of Illinois who is licensed under this Act.
22		(3) If the resident of another state who is the holder of a
23		valid license to carry a concealed weapon or concealed firearm
24		issued in another state establishes legal residence in this
25		State, the license shall remain in effect for 90 days following
26		the date on which the holder of the license establishes legal

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1		residence in this State. For the purposes of this paragraph,
2		the person may establish legal residence in this State by: (A)
3		registering to vote; or (B) obtaining an Illinois driver's
4		license or state identification card; or (C) filing for
5		homestead tax exemption on property in this State.
6		Section 70. Restrictions.
7		(a) No license issued under this Act shall authorize any
8		person to knowingly carry a concealed firearm into:
9		(1) Any building or parking lot area under control of
10		the General Assembly or any of its support service
11		agencies, including the portion of a building in which a
12		committee of the General Assembly convenes for the purpose
13		of conducting meetings of committees, joint committees, or
14		legislative commissions; except that nothing in this
15		Section shall prevent a member of the General Assembly from
16		allowing licensees to carry a firearm into his or her
17		district office.
18		(2) Any courthouse, part of that building, or parking
19		lot area that is occupied by the Circuit, Appellate, or
20		Supreme Court, or a room designated for court proceedings
21		by any of these courts, except as provided in subsection
22		(a-5).
23		(3) Any meeting of the governing body of a unit of
24		local government or special district.
25		(4) Any building or parking lot area under the control

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1		of an establishment licensed to dispense alcoholic
2		beverages for consumption on the premises if less than 50%
3		of its annual gross income comes from the sale of food.
4		(5) Any secure area of an airport to which access is
5		controlled by the inspection of persons and property.
6		(6) Any place where the carrying of a firearm is
7		prohibited by federal law.
8		(7) Any building, real property, or parking lot area
9		under the control of an elementary or secondary school
10		building without the consent of school authorities. School
11		authorities shall inform the appropriate law enforcement
12		agency and any law enforcement personnel on site of that
13		consent.
14		(8) Any portion of a building used as, or parking lot
15		area under the control of, a child care facility without
16		the consent of the owner or manager. Nothing in this
17		Section shall prevent the operator of a child care facility
18		in a family home from owning or possessing a firearm or
19		license.
20		(9) Any building or parking lot area under the control
21		of a casino licensed under the Riverboat Gambling Act. This
22		shall not apply to any place of business that is not a
23		casino licensed for video gaming.
24		(10) Any gated area of, or parking lot area under the
25		control of, an amusement park.
26		(11) Any stadium or arena, or parking lot area under

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1		the control of the stadium or arena, and any collegiate or
2		professional sporting event.
3		(12) A building or parking lot area under the control
4		of a residential mental health facility.
5		(13) Any community college, college, or university
6		building, or real property or parking lot area under the
7		control of a community college, college, or university,
8		without consent of the school authorities. School
9		authorities shall inform the appropriate law enforcement
10		agency and any law enforcement personnel on site of that
11		consent. A community college, college, or university may
12		prohibit the carrying of a firearm on its campus.
13		(14) A public library building, or parking lot area of
14		a public library, without the written consent of the
15		library's governing body. The governing body shall inform
16		the appropriate law enforcement agency of that consent.
17		(15) Any police, sheriff, or State Police office,
18		station, or parking lot area under the control of police,
19		sheriff, or State Police, without the consent of the chief
20		law enforcement officer in charge of that office or
21		station.
22		(16) Any adult or juvenile detention or correctional
23		institution, prison, or jail, or parking lot area under the
24		control of an adult or juvenile detention or correctional
25		institution, prison, or jail.
26		(17) Any property (including, but not limited to, any

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1		street, driveway, or parking lot), building, or facility
2		owned, leased, controlled, or used by a nuclear energy,
3		storage, weapons, or development site or facility
4		regulated by the federal Nuclear Regulatory Commission.
5		(a-5) Judges, and State's Attorneys or assistant State's
6		Attorneys with the permission of the State's Attorney, who
7		possess a valid license under this Act may possess a firearm in
8		any courthouse in which they are employed, but shall be
9		required to follow any rules applicable to sworn peace officers
10		to maintain facility security.
11		(b) A municipality, county, or school district may prohibit
12		or limit licensees from carrying a firearm into or within any
13		building or portion of any building owned, leased, or
14		controlled by the municipality, county, or school district by a
15		majority vote of the members of its legislative body or
16		governing board. The resolution, ordinance, or policy shall not
17		prohibit a licensee from carrying a concealed firearm into or
18		within any building used for public housing; into or within any
19		publicly-accessible restroom or rest stop; into, within, or on
20		any bridge, tunnel, overpass, underpass, elevated walkway, or
21		other structure used as a public right of way; or into or
22		within any publicly-accessible parking facility. The
23		resolution, ordinance, or policy shall not prohibit a licensee
24		from carrying a concealed firearm in a public transportation
25		facility or while accessing the services of a public
26		transportation agency, including while traveling via public

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1		transportation. For purposes of this Section, "public
2		transportation agency" means a public or private agency, or any
3		combination thereof, that provides for the transportation or
4		conveyance of persons by means available to the general public,
5		except taxicabs, livery cabs, or limousines. Violators of the
6		resolution or ordinance may be removed from the premises and
7		assessed a civil fine of up to $100.
8		(c) The owner of a business or commercial lessee, or a
9		private business enterprise, or any other private
10		organization, entity, or person, may prohibit licensees from
11		carrying a concealed firearm on the premises under its control.
12		However, a private landlord of a residential or commercial
13		property shall not prohibit any lessee from possessing or
14		carrying a firearm in accordance with this Act in or on the
15		leased premises or during ingress to or egress from the leased
16		premises.
17		(c-1) The Governor, Lieutenant Governor, Attorney General,
18		Secretary of State, Comptroller, or Treasurer may prohibit
19		licensees from carrying a handgun in buildings under their
20		control.
21		(d) Any person licensed under this Act who is prohibited
22		from carrying a concealed firearm into a building by the
23		provisions of subsection (a) or under an ordinance, resolution,
24		or policy adopted in accordance with subsection (b) or (c)
25		shall be permitted to store that firearm or ammunition out of
26		plain sight in his or her locked vehicle or in a locked

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1		compartment or container within or securely affixed to the
2		outside of the vehicle. A licensee shall not be in violation of
3		this Section while he or she is traversing a public right of
4		way that touches or crosses any of the premises specified in
5		subsection (a) or from which firearms are prohibited under the
6		provisions of subsection (b) or (c), provided that the firearm
7		is carried on his or her person or in a vehicle in accordance
8		with this Act or is being transported in a case or container in
9		accordance with applicable law. A licensee shall not be in
10		violation of subsection (b) or (c) if the responsible party for
11		the premises fails to conspicuously post notice of the
12		prohibition at all public entrances to the building in
13		accordance with subsection (g).
14		(e) If a law enforcement officer initiates an investigative
15		stop, including but not limited to a traffic stop, of a
16		licensee who is carrying a concealed firearm under the
17		provisions of this Act, the licensee shall disclose as soon as
18		reasonably possible to the officer that he or she is in
19		possession of a concealed firearm under this Act. Disclosure
20		may be accomplished by oral notification or by providing or
21		displaying the license to carry a concealed firearm to the
22		officer. Any firearm that is removed from a licensee during an
23		investigative stop shall be returned immediately to the
24		licensee in its original condition upon conclusion of the stop
25		unless the licensee is placed under arrest.
26		(f) A licensee shall not carry a handgun under the

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1		provisions of this Act while under the influence of illegal
2		drugs or hallucinogenic drugs or alcohol. For the purposes of
3		this subsection (f), under the influence of alcohol means a
4		blood alcohol content of .08 or greater.
5		(g) Signs stating that the carrying of a firearm is
6		prohibited shall be clearly and conspicuously posted at every
7		entrance of a building or premises specified in subsection (a)
8		or designated in accordance with subsection (b) or (c). Signs
9		shall be of a uniform size and design, not smaller than 8
10		inches by 10 inches as prescribed by the Department. The
11		Department shall adopt rules for standardized signs to be used
12		under this subsection.
13		(h) A violation of subsection (a), (b), (c), (d), or (f) is
14		a Class B misdemeanor. A willful violation of subsection (a),
15		(b), (c), (d), or (f) is a Class A misdemeanor.
16		(i) A violation of subsection (e) is a Class B misdemeanor;
17		the licensee may be fined up to $200 plus costs plus a $50 fee
18		to be deposited: $35 into the State Police Firearm Services
19		Fund and $15 into the Mental Health Services Fund.
20		Section 75. Immunity, employees, and agents. The office of
21		the county sheriff, or any employee or agent of the county
22		sheriff, or the Department of State Police shall not be liable
23		for damages in any civil action arising from alleged wrongful
24		or improper granting, renewing, or failure to revoke licenses
25		issued under this Act, except for willful or wanton misconduct.

HB0997 Engrossed - 27 - LRB098 04070 RLC 34093 b
1		The office of the county sheriff and any employees or agents
2		shall not be liable for submitting specific or articulable
3		reasons why an applicant should be denied a license, unless the
4		objection contains false, malicious, or inaccurate information
5		and the objection constitutes willful and wanton misconduct.
6		Any owner, business or commercial lessee, landlord, manager of
7		a private business enterprise, employer, or any other
8		organization, entity, person, public or private college,
9		university, or post-secondary educational institution that
10		does not prohibit licensees from carrying firearms on property
11		it owns or occupies is immune from any liability arising from
12		its decision.
13		Section 80. Fees.
14		(a) Fees collected under this Act by the Department and
15		deposited into the State Police Firearm Services Fund shall be
16		appropriated for administration of this Act.
17		(b) Fees shall be those set in subsection (c) of Section
18		20:
19		New license: $100.
20		Renewal of license: $35.
21		Duplicate license due to lost or destroyed: $35.
22		Corrected license due to change of address or name: $35.
23		(c) By March 1 of each year, the Department shall submit a
24		statistical report to the Governor, the President of the
25		Senate, and the Speaker of the House of Representatives

HB0997 Engrossed - 28 - LRB098 04070 RLC 34093 b
1		indicating the number of licenses issued, revoked, suspended,
2		denied, and issued after appeal since the last report and in
3		total and also the number of licenses currently valid. The
4		report shall also include the number of arrests and convictions
5		and the types of crimes committed by licensees since the last
6		report.
7		(d) The Secretary of State shall conduct a study to
8		determine the cost and feasibility of creating a method of
9		adding an identifiable code, background, or other means to show
10		that an individual has been issued a license by the Department
11		on the person's driver's license or State-issued
12		identification card.
13		Section 85. Applicant training.
14		(a) Applicants shall provide proof of completion of a
15		firearms training course of at least 8 hours that covers the
16		following:
17		(1) handgun safety in the classroom, at home, on the
18		firing range, and while carrying the firearm;
19		(2) the basic principles of marksmanship;
20		(3) care and cleaning of handguns; and
21		(4) laws relating to the justifiable use of force.
22		(b) Applicants shall provide proof of certification by a
23		certified instructor that the applicant passed a live fire
24		exercise with a handgun consisting of:
25		(1) a minimum of 30 rounds; and

HB0997 Engrossed - 29 - LRB098 04070 RLC 34093 b
1		(2) 10 rounds from a distance of 5 yards, 10 rounds
2		from a distance of 7 yards, and 10 rounds from a distance
3		of 10 yards at a B-27 silhouette or equivalent target as
4		approved by the Department.
5		(b-5) Students may provide their own safe, functional
6		handgun. The qualification shall be performed with
7		factory-loaded ammunition.
8		(b-6) Grades of "passing" shall not be given on range work
9		to an applicant who:
10		(1) does not follow the orders of the certified
11		firearms instructor;
12		(2) in the judgment of the certified firearms
13		instructor, handles a firearm in a manner that poses a
14		danger to the applicant or to others; or
15		(3) during the testing portion of the range work fails
16		to hit the silhouette portion of the target with 70% of the
17		30 rounds fired.
18		(c) The classroom portion of the course may, at the
19		qualified firearms instructor's discretion, be divided into
20		segments of not less than 2 hours each.
21		(d) Instructors shall maintain all records for students'
22		performance for not less than 5 years.
23		(e) Certified firearms instructors shall:
24		(1) allow monitoring of their classes by officials of
25		any certifying agency;
26		(2) make all course records available upon demand to

HB0997 Engrossed - 30 - LRB098 04070 RLC 34093 b
1		authorized personnel of the Department; and
2		(3) not divulge course records except as authorized by
3		the certifying agency.
4		(f) Fees for applicant training courses shall be set by the
5		instructor.
6		(g) An applicant training course shall not have more than
7		40 students in the classroom portion nor more than 5 students
8		per range officer engaged in range firing.
9		(h) Persons with the following training or certifications
10		are exempt from the requirements of subsection (a) of this
11		Section:
12		(1) An individual who has qualified to carry a firearm
13		as a retired or active law enforcement officer.
14		(2) Any active, retired, or honorably discharged
15		member of the armed forces.
16		(3) An individual certified as a law enforcement
17		instructor by the Illinois Law Enforcement Training
18		Standards Board or other equivalent agency.
19		(4) An individual eligible to teach courses and certify
20		range qualifications under subsection (b) of Section 90.
21		Section 90. Firearms instructors training.
22		(a) Not later than 30 days after the effective date of this
23		Act, the Department shall establish a registry of instructors
24		who are eligible to teach courses or sign off on range
25		qualifications, or both, to meet the requirements of Section 85

HB0997 Engrossed - 31 - LRB098 04070 RLC 34093 b
1		of this Act.
2		(b) Instructors who are eligible to teach courses and
3		certify range qualifications shall have one of the following
4		valid firearms instructor certifications:
5		(1) Certification from any entity that offers
6		education and training in firearms use and safety;
7		(2) Certification from a law enforcement agency that
8		offers education and training in firearms use and safety;
9		(3) Certification from a firearms instructor's course
10		offered by a State or federal governmental agency; or
11		(4) Certification from a firearms instructor
12		qualifying course approved by the Illinois Law Enforcement
13		Training Standards Board.
14		(c) Instructors who are eligible to teach courses and
15		certify range qualifications shall be at least 21 years of age
16		and possess at least a high school diploma or GED certificate.
17		(d) An applicant may have his or her instructor
18		qualification revoked if the applicant:
19		(1) does not meet the requirements of this Act to
20		possess a concealed firearms permit;
21		(2) provides false or misleading information to the
22		Board; or
23		(3) has had a prior instructor qualification revoked by
24		the Board or other certifying organization.
25		Section 95. Home rule preemption. The regulation and

HB0997 Engrossed - 32 - LRB098 04070 RLC 34093 b
1		licensing of firearms, including their possession, carrying,
2		transportation, or the issuance of licenses to carry concealed
3		firearms, is an exclusive power and function of the State.
4		Except as provided in subsection (b) of Section 70, a home rule
5		unit shall not regulate the possession, carrying, or
6		transportation of firearms, their components or accessories,
7		or ammunition by a person licensed under this Act. A home rule
8		unit shall not require registration of firearms, regulate the
9		number of firearms, or make any other requirements or
10		regulations of a person licensed under this Act. This Section
11		is a limitation under subsection (i) of Section 6 of Article
12		VII of the Illinois Constitution on the exercise by home rule
13		units of powers and functions exercised by the State. Any unit
14		of local government that violates this Section shall be liable
15		for all costs, fees, and damages to anyone impacted by any rule
16		or ordinance.
17		Section 100. Expedited appeal. A judgment of a circuit
18		court declaring this Act or any part of this Act
19		unconstitutional or unenforceable is appealable directly to
20		the Supreme Court. The notice of appeal shall be filed within
21		30 days after the judgment of the circuit court declaring this
22		Act or any part of this Act unconstitutional or unenforceable.
23		The manner of appeal shall be as provided in Supreme Court
24		Rules.

HB0997 Engrossed - 33 - LRB098 04070 RLC 34093 b
1		Section 105. Severability. The provisions of this Act are
2		severable under Section 1.31 of the Statute on Statutes.
3		Section 110. The Freedom of Information Act is amended by
4		changing Section 7.5 as follows:
5		(5 ILCS 140/7.5)
6		Sec. 7.5. Statutory Exemptions. To the extent provided for
7		by the statutes referenced below, the following shall be exempt
8		from inspection and copying:
9		(a) All information determined to be confidential under
10		Section 4002 of the Technology Advancement and Development Act.
11		(b) Library circulation and order records identifying
12		library users with specific materials under the Library Records
13		Confidentiality Act.
14		(c) Applications, related documents, and medical records
15		received by the Experimental Organ Transplantation Procedures
16		Board and any and all documents or other records prepared by
17		the Experimental Organ Transplantation Procedures Board or its
18		staff relating to applications it has received.
19		(d) Information and records held by the Department of
20		Public Health and its authorized representatives relating to
21		known or suspected cases of sexually transmissible disease or
22		any information the disclosure of which is restricted under the
23		Illinois Sexually Transmissible Disease Control Act.
24		(e) Information the disclosure of which is exempted under

HB0997 Engrossed - 34 - LRB098 04070 RLC 34093 b
1		Section 30 of the Radon Industry Licensing Act.
2		(f) Firm performance evaluations under Section 55 of the
3		Architectural, Engineering, and Land Surveying Qualifications
4		Based Selection Act.
5		(g) Information the disclosure of which is restricted and
6		exempted under Section 50 of the Illinois Prepaid Tuition Act.
7		(h) Information the disclosure of which is exempted under
8		the State Officials and Employees Ethics Act, and records of
9		any lawfully created State or local inspector general's office
10		that would be exempt if created or obtained by an Executive
11		Inspector General's office under that Act.
12		(i) Information contained in a local emergency energy plan
13		submitted to a municipality in accordance with a local
14		emergency energy plan ordinance that is adopted under Section
15		11-21.5-5 of the Illinois Municipal Code.
16		(j) Information and data concerning the distribution of
17		surcharge moneys collected and remitted by wireless carriers
18		under the Wireless Emergency Telephone Safety Act.
19		(k) Law enforcement officer identification information or
20		driver identification information compiled by a law
21		enforcement agency or the Department of Transportation under
22		Section 11-212 of the Illinois Vehicle Code.
23		(l) Records and information provided to a residential
24		health care facility resident sexual assault and death review
25		team or the Executive Council under the Abuse Prevention Review
26		Team Act.

HB0997 Engrossed - 35 - LRB098 04070 RLC 34093 b
1		(m) Information provided to the predatory lending database
2		created pursuant to Article 3 of the Residential Real Property
3		Disclosure Act, except to the extent authorized under that
4		Article.
5		(n) Defense budgets and petitions for certification of
6		compensation and expenses for court appointed trial counsel as
7		provided under Sections 10 and 15 of the Capital Crimes
8		Litigation Act. This subsection (n) shall apply until the
9		conclusion of the trial of the case, even if the prosecution
10		chooses not to pursue the death penalty prior to trial or
11		sentencing.
12		(o) Information that is prohibited from being disclosed
13		under Section 4 of the Illinois Health and Hazardous Substances
14		Registry Act.
15		(p) Security portions of system safety program plans,
16		investigation reports, surveys, schedules, lists, data, or
17		information compiled, collected, or prepared by or for the
18		Regional Transportation Authority under Section 2.11 of the
19		Regional Transportation Authority Act or the St. Clair County
20		Transit District under the Bi-State Transit Safety Act.
21		(q) Information prohibited from being disclosed by the
22		Personnel Records Review Act.
23		(r) Information prohibited from being disclosed by the
24		Illinois School Student Records Act.
25		(s) Information the disclosure of which is restricted under
26		Section 5-108 of the Public Utilities Act.

HB0997 Engrossed - 36 - LRB098 04070 RLC 34093 b
1		(t) All identified or deidentified health information in
2		the form of health data or medical records contained in, stored
3		in, submitted to, transferred by, or released from the Illinois
4		Health Information Exchange, and identified or deidentified
5		health information in the form of health data and medical
6		records of the Illinois Health Information Exchange in the
7		possession of the Illinois Health Information Exchange
8		Authority due to its administration of the Illinois Health
9		Information Exchange. The terms "identified" and
10		"deidentified" shall be given the same meaning as in the Health
11		Insurance Accountability and Portability Act of 1996, Public
12		Law 104-191, or any subsequent amendments thereto, and any
13		regulations promulgated thereunder.
14		(u) Records and information provided to an independent team
15		of experts under Brian's Law.
16		(v) Names and information of people who have applied for or
17		received Firearm Owner's Identification Cards under the
18		Firearm Owners Identification Card Act.
19		(w) Personally identifiable information which is exempted
20		from disclosure under subsection (g) of Section 19.1 of the
21		Toll Highway Act.
22		(x) Information which is exempted from disclosure under
23		Section 5-1014.3 of the Counties Code or Section 8-11-21 of the
24		Illinois Municipal Code.
25		(y) Information maintained by the Department of State
26		Police in accordance with subsection (a) of Section 35 of the

HB0997 Engrossed - 37 - LRB098 04070 RLC 34093 b
1		Illinois Concealed Carry Act, except as authorized by that Act.
2		(Source: P.A. 96-542, eff. 1-1-10; 96-1235, eff. 1-1-11;
3		96-1331, eff. 7-27-10; 97-80, eff. 7-5-11; 97-333, eff.
4		8-12-11; 97-342, eff. 8-12-11; 97-813, eff. 7-13-12; 97-976,
5		eff. 1-1-13.)
6		Section 115. The Department of State Police Law of the
7		Civil Administrative Code of Illinois is amended by changing
8		Sections 2605-45 and 2605-300 as follows:
9		(20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)
10		Sec. 2605-45. Division of Administration. The Division of
11		Administration shall exercise the following functions:
12		(1) Exercise the rights, powers, and duties vested in
13		the Department by the Governor's Office of Management and
14		Budget Act.
15		(2) Pursue research and the publication of studies
16		pertaining to local law enforcement activities.
17		(3) Exercise the rights, powers, and duties vested in
18		the Department by the Personnel Code.
19		(4) Operate an electronic data processing and computer
20		center for the storage and retrieval of data pertaining to
21		criminal activity.
22		(5) Exercise the rights, powers, and duties vested in
23		the former Division of State Troopers by Section 17 of the
24		State Police Act.

HB0997 Engrossed - 38 - LRB098 04070 RLC 34093 b
1		(6) Exercise the rights, powers, and duties vested in
2		the Department by "An Act relating to internal auditing in
3		State government", approved August 11, 1967 (repealed; now
4		the Fiscal Control and Internal Auditing Act, 30 ILCS 10/).
5		(6.5) Exercise the rights, powers, and duties vested in
6		the Department by the Firearm Owners Identification Card
7		Act.
8		(6.10) Exercise the rights, powers, and duties vested
9		in the Department by the Illinois Concealed Carry Act.
10		(7) Exercise other duties that may be assigned by the
11		Director to fulfill the responsibilities and achieve the
12		purposes of the Department.
13		(Source: P.A. 94-793, eff. 5-19-06.)
14		(20 ILCS 2605/2605-300) (was 20 ILCS 2605/55a in part)
15		Sec. 2605-300. Records; crime laboratories; personnel. To
16		do the following:
17		(1) Be a central repository and custodian of criminal
18		statistics for the State.
19		(2) Be a central repository for criminal history record
20		information.
21		(3) Procure and file for record information that is
22		necessary and helpful to plan programs of crime prevention,
23		law enforcement, and criminal justice.
24		(4) Procure and file for record copies of fingerprints
25		that may be required by law.

HB0997 Engrossed - 39 - LRB098 04070 RLC 34093 b
1		(5) Establish general and field crime laboratories.
2		(6) Register and file for record information that may
3		be required by law for the issuance of firearm owner's
4		identification cards under the Firearm Owners
5		Identification Card Act and concealed carry licenses under
6		the Illinois Concealed Carry Act.
7		(7) Employ polygraph operators, laboratory
8		technicians, and other specially qualified persons to aid
9		in the identification of criminal activity.
10		(8) Undertake other identification, information,
11		laboratory, statistical, or registration activities that
12		may be required by law.
13		(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,
14		eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793,
15		eff. 8-14-98; 91-239, eff. 1-1-00.)
16		Section 120. The State Police Act is amended by adding
17		Section 25 as follows:
18		(20 ILCS 2610/25 new)
19		Sec. 25. Emergency procurement authorized. In order to
20		comply with recent court rulings regarding concealed carry in
21		Illinois, the provisions of this amendatory Act of the 98th
22		General Assembly, together with any procurements necessary for
23		the implementation of the Illinois Concealed Carry Act, shall
24		be eligible for emergency procurement for a period not more

HB0997 Engrossed - 40 - LRB098 04070 RLC 34093 b
1		than 180 days after the effective date of this amendatory Act.
2		Section 125. The State Finance Act is amended by adding
3		Sections 5.826 and 5.827 as follows:
4		(30 ILCS 105/5.826 new)
5		Sec. 5.826. The Mental Health Reporting Fund.
6		(30 ILCS 105/5.827 new)
7		Sec. 5.827. The State Police Firearm Services Fund.
8		(30 ILCS 105/5.206 rep.)
9		Section 130. The State Finance Act is amended by repealing
10		Section 5.206.
11		Section 135. The Firearm Owners Identification Card Act is
12		amended by changing Sections 5 and 13.2 and by adding Section
13		5.1 as follows:
14		(430 ILCS 65/5) (from Ch. 38, par. 83-5)
15		Sec. 5. The Department of State Police shall either approve
16		or deny all applications within 30 days from the date they are
17		received, and every applicant found qualified pursuant to
18		Section 8 of this Act by the Department shall be entitled to a
19		Firearm Owner's Identification Card upon the payment of a $10
20		fee. Any applicant who is an active duty member of the Armed

HB0997 Engrossed - 41 - LRB098 04070 RLC 34093 b
1		Forces of the United States, a member of the Illinois National
2		Guard, or a member of the Reserve Forces of the United States
3		is exempt from the application fee. $6 of each fee derived from
4		the issuance of Firearm Owner's Identification Cards, or
5		renewals thereof, shall be deposited in the Wildlife and Fish
6		Fund in the State Treasury; $1 of such fee shall be deposited
7		in the State Police Services Fund and $3 of such fee shall be
8		deposited in the State Police Firearm Services Fund Firearm
9		Owner's Notification Fund. Monies in the State Police Firearm
10		Services Fund Firearm Owner's Notification Fund shall be used
11		exclusively to pay for the cost of sending notices of
12		expiration of Firearm Owner's Identification Cards under
13		Section 13.2 of this Act, and the purposes specified in Section
14		2605-595 of the Department of State Police Law of the Civil
15		Administrative Code of Illinois. Excess monies in the Firearm
16		Owner's Notification Fund shall be used to ensure the prompt
17		and efficient processing of applications received under
18		Section 4 of this Act.
19		(Source: P.A. 95-581, eff. 6-1-08; 96-91, eff. 7-27-09.)
20		(430 ILCS 65/5.1 new)
21		Sec. 5.1. State Police Firearm Services Fund. All moneys
22		remaining in the Firearm Owner's Notification Fund on the
23		effective date of this amendatory Act of the 98th General
24		Assembly shall be transferred into the State Police Firearm
25		Services Fund, a special fund in the State treasury, to be

HB0997 Engrossed - 42 - LRB098 04070 RLC 34093 b
1		expended by the Department of State Police, for the purposes
2		specified in Section 5.
3		(430 ILCS 65/13.2) (from Ch. 38, par. 83-13.2)
4		Sec. 13.2. The Department of State Police shall, 60 days
5		prior to the expiration of a Firearm Owner's Identification
6		Card, forward by first class mail to each person whose card is
7		to expire a notification of the expiration of the card and an
8		application which may be used to apply for renewal of the card.
9		It is the obligation of the holder of a Firearm Owner's
10		Identification Card to notify the Department of State Police of
11		any address change since the issuance of the Firearm Owner's
12		Identification Card. Whenever any person moves from the
13		residence address named on his or her card, the person shall
14		within 21 calendar days thereafter notify in a form and manner
15		prescribed by the Department of his or her old and new
16		residence addresses and the card number held by him or her. Any
17		person whose legal name has changed from the name on the card
18		that he or she has been previously issued must apply for a
19		corrected card within 30 calendar days after the change. The
20		cost for a corrected card shall be $5 which shall be deposited
21		into the State Police Firearm Services Fund Firearm Owner's
22		Notification Fund.
23		(Source: P.A. 97-1131, eff. 1-1-13.)
24		Section 140. The Criminal Code of 2012 is amended by

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1		changing Sections 21-6, 24-1, 24-1.6, and 24-2 as follows:
2		(720 ILCS 5/21-6) (from Ch. 38, par. 21-6)
3		Sec. 21-6. Unauthorized Possession or Storage of Weapons.
4		(a) Whoever possesses or stores any weapon enumerated in
5		Section 33A-1 in any building or on land supported in whole or
6		in part with public funds or in any building on such land
7		without prior written permission from the chief security
8		officer for that such land or building commits a Class A
9		misdemeanor.
10		(b) The chief security officer must grant any reasonable
11		request for permission under paragraph (a).
12		(c) This Section shall not apply to a person acting
13		lawfully under the Illinois Concealed Carry Act.
14		(d) Subsection (a) shall not apply to any tenant or
15		resident of any public housing.
16		(Source: P.A. 89-685, eff. 6-1-97.)
17		(720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
18		Sec. 24-1. Unlawful Use of Weapons.
19		(a) A person commits the offense of unlawful use of weapons
20		when he knowingly:
21		(1) Sells, manufactures, purchases, possesses or
22		carries any bludgeon, black-jack, slung-shot, sand-club,
23		sand-bag, metal knuckles or other knuckle weapon
24		regardless of its composition, throwing star, or any knife,

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1		commonly referred to as a switchblade knife, which has a
2		blade that opens automatically by hand pressure applied to
3		a button, spring or other device in the handle of the
4		knife, or a ballistic knife, which is a device that propels
5		a knifelike blade as a projectile by means of a coil
6		spring, elastic material or compressed gas; or
7		(2) Carries or possesses with intent to use the same
8		unlawfully against another, a dagger, dirk, billy,
9		dangerous knife, razor, stiletto, broken bottle or other
10		piece of glass, stun gun or taser or any other dangerous or
11		deadly weapon or instrument of like character; or
12		(3) Carries on or about his person or in any vehicle, a
13		tear gas gun projector or bomb or any object containing
14		noxious liquid gas or substance, other than an object
15		containing a non-lethal noxious liquid gas or substance
16		designed solely for personal defense carried by a person 18
17		years of age or older; or
18		(4) Carries or possesses in any vehicle or concealed on
19		or about his person except when on his land or in his own
20		abode, legal dwelling, or fixed place of business, or on
21		the land or in the legal dwelling of another person as an
22		invitee with that person's permission, any pistol,
23		revolver, stun gun or taser or other firearm, except that
24		this subsection (a) (4) does not apply to or affect
25		transportation of weapons that meet one of the following
26		conditions:

HB0997 Engrossed - 45 - LRB098 04070 RLC 34093 b
1		(i) are broken down in a non-functioning state; or
2		(ii) are not immediately accessible; or
3		(iii) are unloaded and enclosed in a case, firearm
4		carrying box, shipping box, or other container by a
5		person who is not otherwise prohibited from owning or
6		possessing a firearm under State or federal law has
7		been issued a currently valid Firearm Owner's
8		Identification Card; or
9		(5) Sets a spring gun; or
10		(6) Possesses any device or attachment of any kind
11		designed, used or intended for use in silencing the report
12		of any firearm; or
13		(7) Sells, manufactures, purchases, possesses or
14		carries:
15		(i) a machine gun, which shall be defined for the
16		purposes of this subsection as any weapon, which
17		shoots, is designed to shoot, or can be readily
18		restored to shoot, automatically more than one shot
19		without manually reloading by a single function of the
20		trigger, including the frame or receiver of any such
21		weapon, or sells, manufactures, purchases, possesses,
22		or carries any combination of parts designed or
23		intended for use in converting any weapon into a
24		machine gun, or any combination or parts from which a
25		machine gun can be assembled if such parts are in the
26		possession or under the control of a person;

HB0997 Engrossed - 46 - LRB098 04070 RLC 34093 b
1		(ii) any rifle having one or more barrels less than
2		16 inches in length or a shotgun having one or more
3		barrels less than 18 inches in length or any weapon
4		made from a rifle or shotgun, whether by alteration,
5		modification, or otherwise, if such a weapon as
6		modified has an overall length of less than 26 inches;
7		or
8		(iii) any bomb, bomb-shell, grenade, bottle or
9		other container containing an explosive substance of
10		over one-quarter ounce for like purposes, such as, but
11		not limited to, black powder bombs and Molotov
12		cocktails or artillery projectiles; or
13		(8) Carries or possesses any firearm, stun gun or taser
14		or other deadly weapon in any place which is licensed to
15		sell intoxicating beverages for consumption on the
16		premises , or at any public gathering held pursuant to a
17		license issued by any governmental body or any public
18		gathering at which an admission is charged, excluding a
19		place where a showing, demonstration or lecture involving
20		the exhibition of unloaded firearms is conducted.
21		This subsection (a)(8) does not apply to any auction or
22		raffle of a firearm held pursuant to a license or permit
23		issued by a governmental body, nor does it apply to persons
24		engaged in firearm safety training courses or acting in
25		accordance with the Illinois Concealed Carry Act; or
26		(9) Carries or possesses in a vehicle or on or about

HB0997 Engrossed - 47 - LRB098 04070 RLC 34093 b
1		his person any pistol, revolver, stun gun or taser or
2		firearm or ballistic knife, when he is hooded, robed or
3		masked in such manner as to conceal his identity; or
4		(10) Carries or possesses on or about his person, upon
5		any public street, alley, or other public lands within the
6		corporate limits of a city, village or incorporated town,
7		except when an invitee thereon or therein, for the purpose
8		of the display of such weapon or the lawful commerce in
9		weapons, or except when on his land or in his own abode,
10		legal dwelling, or fixed place of business, or on the land
11		or in the legal dwelling of another person as an invitee
12		with that person's permission, any pistol, revolver, stun
13		gun or taser or other firearm, except that this subsection
14		(a) (10) does not apply to or affect transportation of
15		weapons that meet one of the following conditions:
16		(i) are broken down in a non-functioning state; or
17		(ii) are not immediately accessible; or
18		(iii) are unloaded and enclosed in a case, firearm
19		carrying box, shipping box, or other container by a
20		person who is not otherwise prohibited from owning or
21		possessing a firearm under State or federal law has
22		been issued a currently valid Firearm Owner's
23		Identification Card.
24		A "stun gun or taser", as used in this paragraph (a)
25		means (i) any device which is powered by electrical
26		charging units, such as, batteries, and which fires one or

HB0997 Engrossed - 48 - LRB098 04070 RLC 34093 b
1		several barbs attached to a length of wire and which, upon
2		hitting a human, can send out a current capable of
3		disrupting the person's nervous system in such a manner as
4		to render him incapable of normal functioning or (ii) any
5		device which is powered by electrical charging units, such
6		as batteries, and which, upon contact with a human or
7		clothing worn by a human, can send out current capable of
8		disrupting the person's nervous system in such a manner as
9		to render him incapable of normal functioning; or
10		(11) Sells, manufactures or purchases any explosive
11		bullet. For purposes of this paragraph (a) "explosive
12		bullet" means the projectile portion of an ammunition
13		cartridge which contains or carries an explosive charge
14		which will explode upon contact with the flesh of a human
15		or an animal. "Cartridge" means a tubular metal case having
16		a projectile affixed at the front thereof and a cap or
17		primer at the rear end thereof, with the propellant
18		contained in such tube between the projectile and the cap;
19		or
20		(12) (Blank); or
21		(13) Carries or possesses on or about his or her person
22		while in a building occupied by a unit of government, a
23		billy club, other weapon of like character, or other
24		instrument of like character intended for use as a weapon.
25		For the purposes of this Section, "billy club" means a
26		short stick or club commonly carried by police officers

HB0997 Engrossed - 49 - LRB098 04070 RLC 34093 b
1		which is either telescopic or constructed of a solid piece
2		of wood or other man-made material.
3		(b) Sentence. A person convicted of a violation of
4		subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
5		subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
6		Class A misdemeanor. A person convicted of a violation of
7		subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a
8		person convicted of a violation of subsection 24-1(a)(6) or
9		24-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
10		convicted of a violation of subsection 24-1(a)(7)(i) commits a
11		Class 2 felony and shall be sentenced to a term of imprisonment
12		of not less than 3 years and not more than 7 years, unless the
13		weapon is possessed in the passenger compartment of a motor
14		vehicle as defined in Section 1-146 of the Illinois Vehicle
15		Code, or on the person, while the weapon is loaded, in which
16		case it shall be a Class X felony. A person convicted of a
17		second or subsequent violation of subsection 24-1(a)(4),
18		24-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3
19		felony. The possession of each weapon in violation of this
20		Section constitutes a single and separate violation.
21		(c) Violations in specific places.
22		(1) A person who violates subsection 24-1(a)(6) or
23		24-1(a)(7) in any school, regardless of the time of day or
24		the time of year, in residential property owned, operated
25		or managed by a public housing agency or leased by a public
26		housing agency as part of a scattered site or mixed-income

HB0997 Engrossed - 50 - LRB098 04070 RLC 34093 b
1		development, in a public park, in a courthouse, on the real
2		property comprising any school, regardless of the time of
3		day or the time of year, on residential property owned,
4		operated or managed by a public housing agency or leased by
5		a public housing agency as part of a scattered site or
6		mixed-income development, on the real property comprising
7		any public park, on the real property comprising any
8		courthouse, in any conveyance owned, leased or contracted
9		by a school to transport students to or from school or a
10		school related activity, in any conveyance owned, leased,
11		or contracted by a public transportation agency, or on any
12		public way within 1,000 feet of the real property
13		comprising any school, public park, courthouse, public
14		transportation facility, or residential property owned,
15		operated, or managed by a public housing agency or leased
16		by a public housing agency as part of a scattered site or
17		mixed-income development commits a Class 2 felony and shall
18		be sentenced to a term of imprisonment of not less than 3
19		years and not more than 7 years.
20		(1.5) A person who violates subsection 24-1(a)(4),
21		24-1(a)(9), or 24-1(a)(10) in any school, regardless of the
22		time of day or the time of year, in residential property
23		owned, operated, or managed by a public housing agency or
24		leased by a public housing agency as part of a scattered
25		site or mixed-income development, in a public park, in a
26		courthouse, on the real property comprising any school,

HB0997 Engrossed - 51 - LRB098 04070 RLC 34093 b
1		regardless of the time of day or the time of year, on
2		residential property owned, operated, or managed by a
3		public housing agency or leased by a public housing agency
4		as part of a scattered site or mixed-income development, on
5		the real property comprising any public park, on the real
6		property comprising any courthouse, in any conveyance
7		owned, leased, or contracted by a school to transport
8		students to or from school or a school related activity, in
9		any conveyance owned, leased, or contracted by a public
10		transportation agency, or on any public way within 1,000
11		feet of the real property comprising any school, public
12		park, courthouse, public transportation facility, or
13		residential property owned, operated, or managed by a
14		public housing agency or leased by a public housing agency
15		as part of a scattered site or mixed-income development
16		commits a Class 3 felony.
17		(2) A person who violates subsection 24-1(a)(1),
18		24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
19		time of day or the time of year, in residential property
20		owned, operated or managed by a public housing agency or
21		leased by a public housing agency as part of a scattered
22		site or mixed-income development, in a public park, in a
23		courthouse, on the real property comprising any school,
24		regardless of the time of day or the time of year, on
25		residential property owned, operated or managed by a public
26		housing agency or leased by a public housing agency as part

HB0997 Engrossed - 52 - LRB098 04070 RLC 34093 b
1		of a scattered site or mixed-income development, on the
2		real property comprising any public park, on the real
3		property comprising any courthouse, in any conveyance
4		owned, leased or contracted by a school to transport
5		students to or from school or a school related activity, in
6		any conveyance owned, leased, or contracted by a public
7		transportation agency, or on any public way within 1,000
8		feet of the real property comprising any school, public
9		park, courthouse, public transportation facility, or
10		residential property owned, operated, or managed by a
11		public housing agency or leased by a public housing agency
12		as part of a scattered site or mixed-income development
13		commits a Class 4 felony. "Courthouse" means any building
14		that is used by the Circuit, Appellate, or Supreme Court of
15		this State for the conduct of official business.
16		(3) Paragraphs (1), (1.5), and (2) of this subsection
17		(c) shall not apply to law enforcement officers or security
18		officers of such school, college, or university or to
19		students carrying or possessing firearms for use in
20		training courses, parades, hunting, target shooting on
21		school ranges, or otherwise with the consent of school
22		authorities and which firearms are transported unloaded
23		enclosed in a suitable case, box, or transportation
24		package.
25		(4) For the purposes of this subsection (c), "school"
26		means any public or private elementary or secondary school,

HB0997 Engrossed - 53 - LRB098 04070 RLC 34093 b
1		community college, college, or university.
2		(5) For the purposes of this subsection (c), "public
3		transportation agency" means a public or private agency
4		that provides for the transportation or conveyance of
5		persons by means available to the general public, except
6		for transportation by automobiles not used for conveyance
7		of the general public as passengers; and "public
8		transportation facility" means a terminal or other place
9		where one may obtain public transportation.
10		(d) The presence in an automobile other than a public
11		omnibus of any weapon, instrument or substance referred to in
12		subsection (a)(7) is prima facie evidence that it is in the
13		possession of, and is being carried by, all persons occupying
14		such automobile at the time such weapon, instrument or
15		substance is found, except under the following circumstances:
16		(i) if such weapon, instrument or instrumentality is found upon
17		the person of one of the occupants therein; or (ii) if such
18		weapon, instrument or substance is found in an automobile
19		operated for hire by a duly licensed driver in the due, lawful
20		and proper pursuit of his trade, then such presumption shall
21		not apply to the driver.
22		(e) Exemptions. Crossbows, Common or Compound bows and
23		Underwater Spearguns are exempted from the definition of
24		ballistic knife as defined in paragraph (1) of subsection (a)
25		of this Section.
26		(Source: P.A. 95-331, eff. 8-21-07; 95-809, eff. 1-1-09;

HB0997 Engrossed - 54 - LRB098 04070 RLC 34093 b
1		95-885, eff. 1-1-09; 96-41, eff. 1-1-10; 96-328, eff. 8-11-09;
2		96-742, eff. 8-25-09; 96-1000, eff. 7-2-10.)
3		(720 ILCS 5/24-1.6)
4		Sec. 24-1.6. Aggravated unlawful use of a weapon.
5		(a) A person commits the offense of aggravated unlawful use
6		of a weapon when he or she knowingly:
7		(1) Carries on or about his or her person or in any
8		vehicle or concealed on or about his or her person except
9		when on his or her land or in his or her abode, legal
10		dwelling, or fixed place of business, or on the land or in
11		the legal dwelling of another person as an invitee with
12		that person's permission, any pistol, revolver, stun gun or
13		taser or other firearm; or
14		(2) Carries or possesses on or about his or her person,
15		upon any public street, alley, or other public lands within
16		the corporate limits of a city, village or incorporated
17		town, except when an invitee thereon or therein, for the
18		purpose of the display of such weapon or the lawful
19		commerce in weapons, or except when on his or her own land
20		or in his or her own abode, legal dwelling, or fixed place
21		of business, or on the land or in the legal dwelling of
22		another person as an invitee with that person's permission,
23		any pistol, revolver, stun gun or taser or other firearm;
24		and
25		(3) One of the following factors is present:

HB0997 Engrossed - 55 - LRB098 04070 RLC 34093 b
1		(A) the firearm possessed was uncased, loaded and
2		immediately accessible at the time of the offense; or
3		(B) the firearm possessed was uncased, unloaded
4		and the ammunition for the weapon was immediately
5		accessible at the time of the offense; or
6		(C) the person possessing the firearm has not been
7		issued a currently valid Firearm Owner's
8		Identification Card; or
9		(D) the person possessing the weapon was
10		previously adjudicated a delinquent minor under the
11		Juvenile Court Act of 1987 for an act that if committed
12		by an adult would be a felony; or
13		(E) the person possessing the weapon was engaged in
14		a misdemeanor violation of the Cannabis Control Act, in
15		a misdemeanor violation of the Illinois Controlled
16		Substances Act, or in a misdemeanor violation of the
17		Methamphetamine Control and Community Protection Act;
18		or
19		(F) (blank); or
20		(G) the person possessing the weapon had a order of
21		protection issued against him or her within the
22		previous 2 years; or
23		(H) the person possessing the weapon was engaged in
24		the commission or attempted commission of a
25		misdemeanor involving the use or threat of violence
26		against the person or property of another; or

HB0997 Engrossed - 56 - LRB098 04070 RLC 34093 b
1		(I) the person possessing the weapon was under 21
2		years of age and in possession of a handgun as defined
3		in Section 24-3, unless the person under 21 is engaged
4		in lawful activities under the Wildlife Code or
5		described in subsection 24-2(b)(1), (b)(3), or
6		24-2(f).
7		(b) "Stun gun or taser" as used in this Section has the
8		same definition given to it in Section 24-1 of this Code.
9		(c) This Section does not apply to or affect the
10		transportation or possession of weapons that:
11		(i) are broken down in a non-functioning state; or
12		(ii) are not immediately accessible; or
13		(iii) are unloaded and enclosed in a case, firearm
14		carrying box, shipping box, or other container by a
15		person who is not prohibited from owning or possessing
16		a firearm under State or federal law by a person who
17		has been issued a currently valid Firearm Owner's
18		Identification Card.
19		(d) Sentence.
20		(1) Aggravated unlawful use of a weapon is a Class 4
21		felony; a second or subsequent offense is a Class 2 felony
22		for which the person shall be sentenced to a term of
23		imprisonment of not less than 3 years and not more than 7
24		years.
25		(2) Except as otherwise provided in paragraphs (3) and
26		(4) of this subsection (d), a first offense of aggravated

HB0997 Engrossed - 57 - LRB098 04070 RLC 34093 b
1		unlawful use of a weapon committed with a firearm by a
2		person 18 years of age or older where the factors listed in
3		both items (A) and (C) of paragraph (3) of subsection (a)
4		are present is a Class 4 felony, for which the person shall
5		be sentenced to a term of imprisonment of not less than one
6		year and not more than 3 years.
7		(3) Aggravated unlawful use of a weapon by a person who
8		has been previously convicted of a felony in this State or
9		another jurisdiction is a Class 2 felony for which the
10		person shall be sentenced to a term of imprisonment of not
11		less than 3 years and not more than 7 years.
12		(4) Aggravated unlawful use of a weapon while wearing
13		or in possession of body armor as defined in Section 33F-1
14		by a person who has not been issued a valid Firearms
15		Owner's Identification Card in accordance with Section 5 of
16		the Firearm Owners Identification Card Act is a Class X
17		felony.
18		(e) The possession of each firearm in violation of this
19		Section constitutes a single and separate violation.
20		(Source: P.A. 95-331, eff. 8-21-07; 96-742, eff. 8-25-09;
21		96-829, eff. 12-3-09; 96-1107, eff. 1-1-11.)
22		(720 ILCS 5/24-2)
23		Sec. 24-2. Exemptions.
24		(a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
25		24-1(a)(13) and Section 24-1.6 do not apply to or affect any of

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1		the following:
2		(1) Peace officers, and any person summoned by a peace
3		officer to assist in making arrests or preserving the
4		peace, while actually engaged in assisting such officer.
5		(2) Wardens, superintendents and keepers of prisons,
6		penitentiaries, jails and other institutions for the
7		detention of persons accused or convicted of an offense,
8		while in the performance of their official duty, or while
9		commuting between their homes and places of employment.
10		(3) Members of the Armed Services or Reserve Forces of
11		the United States or the Illinois National Guard or the
12		Reserve Officers Training Corps, while in the performance
13		of their official duty.
14		(4) Special agents employed by a railroad or a public
15		utility to perform police functions, and guards of armored
16		car companies, while actually engaged in the performance of
17		the duties of their employment or commuting between their
18		homes and places of employment; and watchmen while actually
19		engaged in the performance of the duties of their
20		employment.
21		(5) Persons licensed as private security contractors,
22		private detectives, or private alarm contractors, or
23		employed by an agency certified by the Department of
24		Financial and Professional Regulation, if their duties
25		include the carrying of a weapon under the provisions of
26		the Private Detective, Private Alarm, Private Security,

HB0997 Engrossed - 59 - LRB098 04070 RLC 34093 b
1		Fingerprint Vendor, and Locksmith Act of 2004, while
2		actually engaged in the performance of the duties of their
3		employment or commuting between their homes and places of
4		employment, provided that such commuting is accomplished
5		within one hour from departure from home or place of
6		employment, as the case may be. A person shall be
7		considered eligible for this exemption if he or she has
8		completed the required 20 hours of training for a private
9		security contractor, private detective, or private alarm
10		contractor, or employee of a licensed agency and 20 hours
11		of required firearm training, and has been issued a firearm
12		control card by the Department of Financial and
13		Professional Regulation. Conditions for the renewal of
14		firearm control cards issued under the provisions of this
15		Section shall be the same as for those cards issued under
16		the provisions of the Private Detective, Private Alarm,
17		Private Security, Fingerprint Vendor, and Locksmith Act of
18		2004. The firearm control card shall be carried by the
19		private security contractor, private detective, or private
20		alarm contractor, or employee of the licensed agency at all
21		times when he or she is in possession of a concealable
22		weapon.
23		(6) Any person regularly employed in a commercial or
24		industrial operation as a security guard for the protection
25		of persons employed and private property related to such
26		commercial or industrial operation, while actually engaged

HB0997 Engrossed - 60 - LRB098 04070 RLC 34093 b
1		in the performance of his or her duty or traveling between
2		sites or properties belonging to the employer, and who, as
3		a security guard, is a member of a security force of at
4		least 5 persons registered with the Department of Financial
5		and Professional Regulation; provided that such security
6		guard has successfully completed a course of study,
7		approved by and supervised by the Department of Financial
8		and Professional Regulation, consisting of not less than 40
9		hours of training that includes the theory of law
10		enforcement, liability for acts, and the handling of
11		weapons. A person shall be considered eligible for this
12		exemption if he or she has completed the required 20 hours
13		of training for a security officer and 20 hours of required
14		firearm training, and has been issued a firearm control
15		card by the Department of Financial and Professional
16		Regulation. Conditions for the renewal of firearm control
17		cards issued under the provisions of this Section shall be
18		the same as for those cards issued under the provisions of
19		the Private Detective, Private Alarm, Private Security,
20		Fingerprint Vendor, and Locksmith Act of 2004. The firearm
21		control card shall be carried by the security guard at all
22		times when he or she is in possession of a concealable
23		weapon.
24		(7) Agents and investigators of the Illinois
25		Legislative Investigating Commission authorized by the
26		Commission to carry the weapons specified in subsections

HB0997 Engrossed - 61 - LRB098 04070 RLC 34093 b
1		24-1(a)(3) and 24-1(a)(4), while on duty in the course of
2		any investigation for the Commission.
3		(8) Persons employed by a financial institution for the
4		protection of other employees and property related to such
5		financial institution, while actually engaged in the
6		performance of their duties, commuting between their homes
7		and places of employment, or traveling between sites or
8		properties owned or operated by such financial
9		institution, provided that any person so employed has
10		successfully completed a course of study, approved by and
11		supervised by the Department of Financial and Professional
12		Regulation, consisting of not less than 40 hours of
13		training which includes theory of law enforcement,
14		liability for acts, and the handling of weapons. A person
15		shall be considered to be eligible for this exemption if he
16		or she has completed the required 20 hours of training for
17		a security officer and 20 hours of required firearm
18		training, and has been issued a firearm control card by the
19		Department of Financial and Professional Regulation.
20		Conditions for renewal of firearm control cards issued
21		under the provisions of this Section shall be the same as
22		for those issued under the provisions of the Private
23		Detective, Private Alarm, Private Security, Fingerprint
24		Vendor, and Locksmith Act of 2004. Such firearm control
25		card shall be carried by the person so trained at all times
26		when such person is in possession of a concealable weapon.

HB0997 Engrossed - 62 - LRB098 04070 RLC 34093 b
1		For purposes of this subsection, "financial institution"
2		means a bank, savings and loan association, credit union or
3		company providing armored car services.
4		(9) Any person employed by an armored car company to
5		drive an armored car, while actually engaged in the
6		performance of his duties.
7		(10) Persons who have been classified as peace officers
8		pursuant to the Peace Officer Fire Investigation Act.
9		(11) Investigators of the Office of the State's
10		Attorneys Appellate Prosecutor authorized by the board of
11		governors of the Office of the State's Attorneys Appellate
12		Prosecutor to carry weapons pursuant to Section 7.06 of the
13		State's Attorneys Appellate Prosecutor's Act.
14		(12) Special investigators appointed by a State's
15		Attorney under Section 3-9005 of the Counties Code.
16		(12.5) Probation officers while in the performance of
17		their duties, or while commuting between their homes,
18		places of employment or specific locations that are part of
19		their assigned duties, with the consent of the chief judge
20		of the circuit for which they are employed.
21		(13) Court Security Officers while in the performance
22		of their official duties, or while commuting between their
23		homes and places of employment, with the consent of the
24		Sheriff.
25		(13.5) A person employed as an armed security guard at
26		a nuclear energy, storage, weapons or development site or

HB0997 Engrossed - 63 - LRB098 04070 RLC 34093 b
1		facility regulated by the Nuclear Regulatory Commission
2		who has completed the background screening and training
3		mandated by the rules and regulations of the Nuclear
4		Regulatory Commission.
5		(14) Manufacture, transportation, or sale of weapons
6		to persons authorized under subdivisions (1) through
7		(13.5) of this subsection to possess those weapons.
8		(b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
9		24-1.6 do not apply to or affect any of the following:
10		(1) Members of any club or organization organized for
11		the purpose of practicing shooting at targets upon
12		established target ranges, whether public or private, and
13		patrons of such ranges, while such members or patrons are
14		using their firearms on those target ranges.
15		(2) Duly authorized military or civil organizations
16		while parading, with the special permission of the
17		Governor.
18		(3) Hunters, trappers or fishermen with a license or
19		permit while engaged in hunting, trapping or fishing.
20		(4) Transportation of weapons that are broken down in a
21		non-functioning state or are not immediately accessible.
22		(5) Carrying or possessing any pistol, revolver, stun
23		gun or taser or other firearm on the land or in the legal
24		dwelling of another person as an invitee with that person's
25		permission.
26		(6) A licensee under the Illinois Concealed Carry Act,

HB0997 Engrossed - 64 - LRB098 04070 RLC 34093 b
1		notwithstanding Section 70 of that Act, if the licensee
2		meets the requirements of that Act.
3		(c) Subsection 24-1(a)(7) does not apply to or affect any
4		of the following:
5		(1) Peace officers while in performance of their
6		official duties.
7		(2) Wardens, superintendents and keepers of prisons,
8		penitentiaries, jails and other institutions for the
9		detention of persons accused or convicted of an offense.
10		(3) Members of the Armed Services or Reserve Forces of
11		the United States or the Illinois National Guard, while in
12		the performance of their official duty.
13		(4) Manufacture, transportation, or sale of machine
14		guns to persons authorized under subdivisions (1) through
15		(3) of this subsection to possess machine guns, if the
16		machine guns are broken down in a non-functioning state or
17		are not immediately accessible.
18		(5) Persons licensed under federal law to manufacture
19		any weapon from which 8 or more shots or bullets can be
20		discharged by a single function of the firing device, or
21		ammunition for such weapons, and actually engaged in the
22		business of manufacturing such weapons or ammunition, but
23		only with respect to activities which are within the lawful
24		scope of such business, such as the manufacture,
25		transportation, or testing of such weapons or ammunition.
26		This exemption does not authorize the general private

HB0997 Engrossed - 65 - LRB098 04070 RLC 34093 b
1		possession of any weapon from which 8 or more shots or
2		bullets can be discharged by a single function of the
3		firing device, but only such possession and activities as
4		are within the lawful scope of a licensed manufacturing
5		business described in this paragraph.
6		During transportation, such weapons shall be broken
7		down in a non-functioning state or not immediately
8		accessible.
9		(6) The manufacture, transport, testing, delivery,
10		transfer or sale, and all lawful commercial or experimental
11		activities necessary thereto, of rifles, shotguns, and
12		weapons made from rifles or shotguns, or ammunition for
13		such rifles, shotguns or weapons, where engaged in by a
14		person operating as a contractor or subcontractor pursuant
15		to a contract or subcontract for the development and supply
16		of such rifles, shotguns, weapons or ammunition to the
17		United States government or any branch of the Armed Forces
18		of the United States, when such activities are necessary
19		and incident to fulfilling the terms of such contract.
20		The exemption granted under this subdivision (c)(6)
21		shall also apply to any authorized agent of any such
22		contractor or subcontractor who is operating within the
23		scope of his employment, where such activities involving
24		such weapon, weapons or ammunition are necessary and
25		incident to fulfilling the terms of such contract.
26		During transportation, any such weapon shall be broken

HB0997 Engrossed - 66 - LRB098 04070 RLC 34093 b
1		down in a non-functioning state, or not immediately
2		accessible.
3		(7) A person possessing a rifle with a barrel or
4		barrels less than 16 inches in length if: (A) the person
5		has been issued a Curios and Relics license from the U.S.
6		Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B)
7		the person is an active member of a bona fide, nationally
8		recognized military re-enacting group and the modification
9		is required and necessary to accurately portray the weapon
10		for historical re-enactment purposes; the re-enactor is in
11		possession of a valid and current re-enacting group
12		membership credential; and the overall length of the weapon
13		as modified is not less than 26 inches.
14		During transportation, any such weapon shall be broken
15		down in a non-functioning state, or not immediately
16		accessible.
17		(d) Subsection 24-1(a)(1) does not apply to the purchase,
18		possession or carrying of a black-jack or slung-shot by a peace
19		officer.
20		(e) Subsection 24-1(a)(8) does not apply to any owner,
21		manager or authorized employee of any place specified in that
22		subsection nor to any law enforcement officer or a licensee
23		under the Illinois Concealed Carry Act, notwithstanding
24		Section 70 of that Act.
25		(f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
26		Section 24-1.6 do not apply to members of any club or

HB0997 Engrossed - 67 - LRB098 04070 RLC 34093 b
1		organization organized for the purpose of practicing shooting
2		at targets upon established target ranges, whether public or
3		private, while using their firearms on those target ranges.
4		(g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
5		to:
6		(1) Members of the Armed Services or Reserve Forces of
7		the United States or the Illinois National Guard, while in
8		the performance of their official duty.
9		(2) Bonafide collectors of antique or surplus military
10		ordinance.
11		(3) Laboratories having a department of forensic
12		ballistics, or specializing in the development of
13		ammunition or explosive ordinance.
14		(4) Commerce, preparation, assembly or possession of
15		explosive bullets by manufacturers of ammunition licensed
16		by the federal government, in connection with the supply of
17		those organizations and persons exempted by subdivision
18		(g)(1) of this Section, or like organizations and persons
19		outside this State, or the transportation of explosive
20		bullets to any organization or person exempted in this
21		Section by a common carrier or by a vehicle owned or leased
22		by an exempted manufacturer.
23		(g-5) Subsection 24-1(a)(6) does not apply to or affect
24		persons licensed under federal law to manufacture any device or
25		attachment of any kind designed, used, or intended for use in
26		silencing the report of any firearm, firearms, or ammunition

HB0997 Engrossed - 68 - LRB098 04070 RLC 34093 b
1		for those firearms equipped with those devices, and actually
2		engaged in the business of manufacturing those devices,
3		firearms, or ammunition, but only with respect to activities
4		that are within the lawful scope of that business, such as the
5		manufacture, transportation, or testing of those devices,
6		firearms, or ammunition. This exemption does not authorize the
7		general private possession of any device or attachment of any
8		kind designed, used, or intended for use in silencing the
9		report of any firearm, but only such possession and activities
10		as are within the lawful scope of a licensed manufacturing
11		business described in this subsection (g-5). During
12		transportation, these devices shall be detached from any weapon
13		or not immediately accessible.
14		(g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
15		24-1.6 do not apply to or affect any parole agent or parole
16		supervisor who meets the qualifications and conditions
17		prescribed in Section 3-14-1.5 of the Unified Code of
18		Corrections.
19		(g-7) Subsection 24-1(a)(6) does not apply to a peace
20		officer while serving as a member of a tactical response team
21		or special operations team. A peace officer may not personally
22		own or apply for ownership of a device or attachment of any
23		kind designed, used, or intended for use in silencing the
24		report of any firearm. These devices shall be owned and
25		maintained by lawfully recognized units of government whose
26		duties include the investigation of criminal acts.

HB0997 Engrossed - 69 - LRB098 04070 RLC 34093 b
1		(g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
2		24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
3		athlete's possession, transport on official Olympic and
4		Paralympic transit systems established for athletes, or use of
5		competition firearms sanctioned by the International Olympic
6		Committee, the International Paralympic Committee, the
7		International Shooting Sport Federation, or USA Shooting in
8		connection with such athlete's training for and participation
9		in shooting competitions at the 2016 Olympic and Paralympic
10		Games and sanctioned test events leading up to the 2016 Olympic
11		and Paralympic Games.
12		(h) An information or indictment based upon a violation of
13		any subsection of this Article need not negative any exemptions
14		contained in this Article. The defendant shall have the burden
15		of proving such an exemption.
16		(i) Nothing in this Article shall prohibit, apply to, or
17		affect the transportation, carrying, or possession, of any
18		pistol or revolver, stun gun, taser, or other firearm consigned
19		to a common carrier operating under license of the State of
20		Illinois or the federal government, where such transportation,
21		carrying, or possession is incident to the lawful
22		transportation in which such common carrier is engaged; and
23		nothing in this Article shall prohibit, apply to, or affect the
24		transportation, carrying, or possession of any pistol,
25		revolver, stun gun, taser, or other firearm, not the subject of
26		and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of

HB0997 Engrossed - 70 - LRB098 04070 RLC 34093 b
1		this Article, which is unloaded and enclosed in a case, firearm
2		carrying box, shipping box, or other container, by the
3		possessor of a valid Firearm Owners Identification Card.