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1 AN ACT concerning firearms.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5Illinois Concealed Carry Act.
6 Section 10. Definitions. As used in this Act:
7 "Concealed firearm" means a loaded or unloaded handgun
8carried on or about a person completely or mostly concealed
9from view of the public, or carried in a vehicle in such a way
10as 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
14Fund.
15 "Handgun" means any device which is designed to expel a
16projectile or projectiles by the action of an explosion,
17expansion of gas, or escape of gas that is designed to be held
18and fired by the use of a single hand, and includes a
19combination of parts from which that firearm can be assembled.
20"Handgun" includes, but is not limited to, magazines,
21ammunition, laser sighting devices and other accessories
22intrinsic 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
2Police to carry a loaded or unloaded handgun.
3 "Licensee" means a person issued a license to carry a
4concealed firearm.
5 "Peace officer" means (i) any person who by virtue of his
6or her office or public employment is vested by law with a duty
7to maintain public order and to make arrests for offenses,
8whether that duty extends to all offenses or is limited to
9specific offenses, or (ii) any person who, by statute, is
10granted and authorized to exercise powers similar to those
11conferred upon any peace officer employed by a law enforcement
12agency of this State. The term "peace officer" does not apply
13to an alderman acting as a conservator of the peace under
14Section 3.1-15-25 of the Illinois Municipal Code.
15 Section 15. State Police Firearm Services Fund and Mental
16Health Reporting Fund.
17 (a) All application fees shall be deposited into the State
18Police Firearm Services Fund and the Mental Health Reporting
19Fund. For each new license or nonresident license, $70 shall be
20apportioned to the State Police Firearm Services Fund and $30
21shall be apportioned to the Mental Health Reporting Fund. For
22each renewal, duplicate, corrected or late renewal fee, $20
23shall be apportioned to the State Police Firearm Services Fund
24and $15 shall be apportioned to the Mental Health Reporting
25Fund.

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1 (b) State Police Firearm Services Fund. There is created in
2the State treasury a special fund known as the State Police
3Firearm Services Fund. The Fund shall receive revenue under
4Section 5 of the Firearm Owners Identification Card Act, this
5Act, and Section 24-1.9 of the Criminal Code of 2012. The Fund
6may also receive revenue from grants, pass-through grants,
7donations, 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
4State treasury a special fund known as the Mental Health
5Reporting Fund. The Fund shall receive revenue under this Act.
6The Fund may also receive revenue from grants, pass-through
7grants, donations, appropriations, and any other lawful
8source.
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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1firearm.
2 (a) The Department shall issue a license to an applicant
3who: (i) meets the qualifications of Section 25 or Section 65;
4(ii) has provided the application and documentation required in
5Section 30; and (iii) has submitted the requisite fees. The
6Department shall issue a renewal, corrected, or duplicate
7license in accordance with this Act.
8 (a-5) The Department is authorized to issue licenses to
9carry a handgun under this Act. A license shall permit the
10licensee 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
18licensee carries a concealed firearm except (i) if the person
19is carrying or possessing a concealed firearm and the person is
20on his or her land, or in his or her abode or legal dwelling, or
21in the abode or legal dwelling of another person as an invitee
22with that person's permission; (ii) if the person is authorized
23to carry a firearm under Section 24-2 of the Criminal Code of
242012; or (iii) the handgun is broken down in a non-functioning
25state, or is not immediately accessible, or is enclosed in a
26case, firearm carrying box, shipping box or any other

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

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

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

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1provisions of this Section.
2 Section 25. Qualifications of an applicant for a license.
3The Department shall issue a license to an applicant completing
4an application in accordance with Section 30 of this Act if the
5person:
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
4penalty of perjury, on a standard form adopted by the
5Department and shall be accompanied by the documentation
6required in this Section and all applicable fees.
7 (b) The application shall contain the following
8information:
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
7and shoulder color photograph in a size specified by the
8Department that was taken within the 30 days preceding the date
9of the application. The applicant shall consent to the
10Department reviewing and using the applicant's digital
11driver's license or Illinois Identification Card photograph
12and signature, if available. The Secretary of State shall allow
13the Department access to the photograph and signature for the
14purpose of identifying the applicant and issuing the applicant
15a license.
16 (d) The Department may request a person applying for a
17license to submit a full set of legible fingerprints if
18necessary to determine the person's identity. Fingerprinting
19may be administered by the Department or any other federal,
20State, county, or municipal law enforcement agency or private
21vendor or company. The cost of fingerprinting shall be paid by
22the applicant, provided that the Department or law enforcement
23agency may charge no more than $15 for a single set of
24fingerprints. Each applicant for a license that the Department
25requests to have his or her fingerprints submitted to the
26Department shall submit them in an electronic format that

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

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1applicant or licensee, and any information related to
2violations of this Act.
3 (a-5) Individual law enforcement agencies or any other
4entity of local government shall not maintain any separate
5records, lists, or searchable databases of applicants and
6licensees containing information included in the Department's
7database.
8 (b) The Department shall make available on its website and
9upon request under the Freedom of Information Act statistical
10information about the number of licenses issued by county, age,
11race, or gender. The report shall be updated monthly. Except as
12provided in this subsection, applications and information in
13the database shall be confidential and exempt from disclosure
14under the Freedom of Information Act. The Department may answer
15requests to confirm or deny whether a person has been issued a
16license as part of inquiries dealing with a criminal
17investigation. Individual law enforcement agencies, State's
18Attorneys, the Attorney General, members of the judiciary, and
19judicial staff shall sign a confidentiality agreement,
20prepared by the Department, prior to receiving access to the
21database. No law enforcement agency, State's Attorney, the
22Attorney General, or member or staff of the judiciary, other
23than the Department, shall provide any information to a
24requester not entitled to it by law, except as required or
25necessary 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
3revoked if, at any time, the licensee is found ineligible for a
4license based on the criteria set forth in Section 25 of this
5Act or the licensee no longer possesses a Firearm Owner's
6Identification Card or a nonresident licensee if his or her
7home state has revoked a license to carry a firearm. A license
8shall not be revoked unless the revocation is for reasons
9specifically authorized by this Act. This subsection shall not
10apply to a person who has filed an application with the State
11Police for renewal of a Firearm Owner's Identification Card and
12who is not otherwise ineligible to obtain a Firearm Owner's
13Identification Card.
14 (b) A license shall be suspended if an order of protection
15under Section 112A-14 of the Code of Criminal Procedure of 1963
16or under Section 214 of the Illinois Domestic Violence Act of
171986 is issued against a licensee. The license shall be
18suspended for the duration of the order or until the order is
19terminated by a court and the Department shall not reissue or
20renew a license for the duration of the order or until the
21order is terminated. If an order of protection is issued
22against a licensee, the licensee shall surrender the license,
23as applicable, to the court at the time the order is entered or
24to the law enforcement agency or entity designated to serve
25process at the time the licensee is served the order. The
26court, law enforcement agency, or entity responsible for

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

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

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1Section 30 of this Act.
2 Section 65. Nonresident applications and reciprocity.
3 (a) A person from another state or territory of the United
4States may apply for a nonresident license. The applicant shall
5apply to the Department and must meet the qualifications
6established 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
23identification card, the person shall provide similar
24documentation from his or her state or territory; a nonresident
25shall not be required to have a Firearm Owner's Identification

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

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1residence in this State. For the purposes of this paragraph,
2the person may establish legal residence in this State by: (A)
3registering to vote; or (B) obtaining an Illinois driver's
4license or state identification card; or (C) filing for
5homestead tax exemption on property in this State.
6 Section 70. Restrictions.
7 (a) No license issued under this Act shall authorize any
8person 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
6Attorneys with the permission of the State's Attorney, who
7possess a valid license under this Act may possess a firearm in
8any courthouse in which they are employed, but shall be
9required to follow any rules applicable to sworn peace officers
10to maintain facility security.
11 (b) A municipality, county, or school district may prohibit
12or limit licensees from carrying a firearm into or within any
13building or portion of any building owned, leased, or
14controlled by the municipality, county, or school district by a
15majority vote of the members of its legislative body or
16governing board. The resolution, ordinance, or policy shall not
17prohibit a licensee from carrying a concealed firearm into or
18within any building used for public housing; into or within any
19publicly-accessible restroom or rest stop; into, within, or on
20any bridge, tunnel, overpass, underpass, elevated walkway, or
21other structure used as a public right of way; or into or
22within any publicly-accessible parking facility. The
23resolution, ordinance, or policy shall not prohibit a licensee
24from carrying a concealed firearm in a public transportation
25facility or while accessing the services of a public
26transportation agency, including while traveling via public

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

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

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

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1The office of the county sheriff and any employees or agents
2shall not be liable for submitting specific or articulable
3reasons why an applicant should be denied a license, unless the
4objection contains false, malicious, or inaccurate information
5and the objection constitutes willful and wanton misconduct.
6Any owner, business or commercial lessee, landlord, manager of
7a private business enterprise, employer, or any other
8organization, entity, person, public or private college,
9university, or post-secondary educational institution that
10does not prohibit licensees from carrying firearms on property
11it owns or occupies is immune from any liability arising from
12its decision.
13 Section 80. Fees.
14 (a) Fees collected under this Act by the Department and
15deposited into the State Police Firearm Services Fund shall be
16appropriated for administration of this Act.
17 (b) Fees shall be those set in subsection (c) of Section
1820:
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
24statistical report to the Governor, the President of the
25Senate, and the Speaker of the House of Representatives

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1indicating the number of licenses issued, revoked, suspended,
2denied, and issued after appeal since the last report and in
3total and also the number of licenses currently valid. The
4report shall also include the number of arrests and convictions
5and the types of crimes committed by licensees since the last
6report.
7 (d) The Secretary of State shall conduct a study to
8determine the cost and feasibility of creating a method of
9adding an identifiable code, background, or other means to show
10that an individual has been issued a license by the Department
11on the person's driver's license or State-issued
12identification card.
13 Section 85. Applicant training.
14 (a) Applicants shall provide proof of completion of a
15firearms training course of at least 8 hours that covers the
16following:
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
23certified instructor that the applicant passed a live fire
24exercise with a handgun consisting of:
25 (1) a minimum of 30 rounds; and

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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
6handgun. The qualification shall be performed with
7factory-loaded ammunition.
8 (b-6) Grades of "passing" shall not be given on range work
9to 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
19qualified firearms instructor's discretion, be divided into
20segments of not less than 2 hours each.
21 (d) Instructors shall maintain all records for students'
22performance 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

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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
5instructor.
6 (g) An applicant training course shall not have more than
740 students in the classroom portion nor more than 5 students
8per range officer engaged in range firing.
9 (h) Persons with the following training or certifications
10are exempt from the requirements of subsection (a) of this
11Section:
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
23Act, the Department shall establish a registry of instructors
24who are eligible to teach courses or sign off on range
25qualifications, or both, to meet the requirements of Section 85

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1of this Act.
2 (b) Instructors who are eligible to teach courses and
3certify range qualifications shall have one of the following
4valid 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
15certify range qualifications shall be at least 21 years of age
16and possess at least a high school diploma or GED certificate.
17 (d) An applicant may have his or her instructor
18qualification 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

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1licensing of firearms, including their possession, carrying,
2transportation, or the issuance of licenses to carry concealed
3firearms, is an exclusive power and function of the State.
4Except as provided in subsection (b) of Section 70, a home rule
5unit shall not regulate the possession, carrying, or
6transportation of firearms, their components or accessories,
7or ammunition by a person licensed under this Act. A home rule
8unit shall not require registration of firearms, regulate the
9number of firearms, or make any other requirements or
10regulations of a person licensed under this Act. This Section
11is a limitation under subsection (i) of Section 6 of Article
12VII of the Illinois Constitution on the exercise by home rule
13units of powers and functions exercised by the State. Any unit
14of local government that violates this Section shall be liable
15for all costs, fees, and damages to anyone impacted by any rule
16or ordinance.
17 Section 100. Expedited appeal. A judgment of a circuit
18court declaring this Act or any part of this Act
19unconstitutional or unenforceable is appealable directly to
20the Supreme Court. The notice of appeal shall be filed within
2130 days after the judgment of the circuit court declaring this
22Act or any part of this Act unconstitutional or unenforceable.
23The manner of appeal shall be as provided in Supreme Court
24Rules.

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

HB0997 Engrossed- 34 -LRB098 04070 RLC 34093 b
1Section 30 of the Radon Industry Licensing Act.
2 (f) Firm performance evaluations under Section 55 of the
3Architectural, Engineering, and Land Surveying Qualifications
4Based Selection Act.
5 (g) Information the disclosure of which is restricted and
6exempted under Section 50 of the Illinois Prepaid Tuition Act.
7 (h) Information the disclosure of which is exempted under
8the State Officials and Employees Ethics Act, and records of
9any lawfully created State or local inspector general's office
10that would be exempt if created or obtained by an Executive
11Inspector General's office under that Act.
12 (i) Information contained in a local emergency energy plan
13submitted to a municipality in accordance with a local
14emergency energy plan ordinance that is adopted under Section
1511-21.5-5 of the Illinois Municipal Code.
16 (j) Information and data concerning the distribution of
17surcharge moneys collected and remitted by wireless carriers
18under the Wireless Emergency Telephone Safety Act.
19 (k) Law enforcement officer identification information or
20driver identification information compiled by a law
21enforcement agency or the Department of Transportation under
22Section 11-212 of the Illinois Vehicle Code.
23 (l) Records and information provided to a residential
24health care facility resident sexual assault and death review
25team or the Executive Council under the Abuse Prevention Review
26Team Act.

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

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

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1Illinois 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;
396-1331, eff. 7-27-10; 97-80, eff. 7-5-11; 97-333, eff.
48-12-11; 97-342, eff. 8-12-11; 97-813, eff. 7-13-12; 97-976,
5eff. 1-1-13.)
6 Section 115. The Department of State Police Law of the
7Civil Administrative Code of Illinois is amended by changing
8Sections 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
11Administration 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
16do 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,
14eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793,
15eff. 8-14-98; 91-239, eff. 1-1-00.)
16 Section 120. The State Police Act is amended by adding
17Section 25 as follows:
18 (20 ILCS 2610/25 new)
19 Sec. 25. Emergency procurement authorized. In order to
20comply with recent court rulings regarding concealed carry in
21Illinois, the provisions of this amendatory Act of the 98th
22General Assembly, together with any procurements necessary for
23the implementation of the Illinois Concealed Carry Act, shall
24be eligible for emergency procurement for a period not more

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

HB0997 Engrossed- 41 -LRB098 04070 RLC 34093 b
1Forces of the United States, a member of the Illinois National
2Guard, or a member of the Reserve Forces of the United States
3is exempt from the application fee. $6 of each fee derived from
4the issuance of Firearm Owner's Identification Cards, or
5renewals thereof, shall be deposited in the Wildlife and Fish
6Fund in the State Treasury; $1 of such fee shall be deposited
7in the State Police Services Fund and $3 of such fee shall be
8deposited in the State Police Firearm Services Fund Firearm
9Owner's Notification Fund. Monies in the State Police Firearm
10Services Fund Firearm Owner's Notification Fund shall be used
11exclusively to pay for the cost of sending notices of
12expiration of Firearm Owner's Identification Cards under
13Section 13.2 of this Act, and the purposes specified in Section
142605-595 of the Department of State Police Law of the Civil
15Administrative Code of Illinois. Excess monies in the Firearm
16Owner's Notification Fund shall be used to ensure the prompt
17and efficient processing of applications received under
18Section 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
22remaining in the Firearm Owner's Notification Fund on the
23effective date of this amendatory Act of the 98th General
24Assembly shall be transferred into the State Police Firearm
25Services Fund, a special fund in the State treasury, to be

HB0997 Engrossed- 42 -LRB098 04070 RLC 34093 b
1expended by the Department of State Police, for the purposes
2specified 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
5prior to the expiration of a Firearm Owner's Identification
6Card, forward by first class mail to each person whose card is
7to expire a notification of the expiration of the card and an
8application which may be used to apply for renewal of the card.
9It is the obligation of the holder of a Firearm Owner's
10Identification Card to notify the Department of State Police of
11any address change since the issuance of the Firearm Owner's
12Identification Card. Whenever any person moves from the
13residence address named on his or her card, the person shall
14within 21 calendar days thereafter notify in a form and manner
15prescribed by the Department of his or her old and new
16residence addresses and the card number held by him or her. Any
17person whose legal name has changed from the name on the card
18that he or she has been previously issued must apply for a
19corrected card within 30 calendar days after the change. The
20cost for a corrected card shall be $5 which shall be deposited
21into the State Police Firearm Services Fund Firearm Owner's
22Notification 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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1changing 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
5Section 33A-1 in any building or on land supported in whole or
6in part with public funds or in any building on such land
7without prior written permission from the chief security
8officer for that such land or building commits a Class A
9misdemeanor.
10 (b) The chief security officer must grant any reasonable
11request for permission under paragraph (a).
12 (c) This Section shall not apply to a person acting
13lawfully under the Illinois Concealed Carry Act.
14 (d) Subsection (a) shall not apply to any tenant or
15resident 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
20when 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;

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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

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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

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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

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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
4subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
5subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
6Class A misdemeanor. A person convicted of a violation of
7subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a
8person convicted of a violation of subsection 24-1(a)(6) or
924-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
10convicted of a violation of subsection 24-1(a)(7)(i) commits a
11Class 2 felony and shall be sentenced to a term of imprisonment
12of not less than 3 years and not more than 7 years, unless the
13weapon is possessed in the passenger compartment of a motor
14vehicle as defined in Section 1-146 of the Illinois Vehicle
15Code, or on the person, while the weapon is loaded, in which
16case it shall be a Class X felony. A person convicted of a
17second or subsequent violation of subsection 24-1(a)(4),
1824-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3
19felony. The possession of each weapon in violation of this
20Section 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

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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,

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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,

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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
11omnibus of any weapon, instrument or substance referred to in
12subsection (a)(7) is prima facie evidence that it is in the
13possession of, and is being carried by, all persons occupying
14such automobile at the time such weapon, instrument or
15substance is found, except under the following circumstances:
16(i) if such weapon, instrument or instrumentality is found upon
17the person of one of the occupants therein; or (ii) if such
18weapon, instrument or substance is found in an automobile
19operated for hire by a duly licensed driver in the due, lawful
20and proper pursuit of his trade, then such presumption shall
21not apply to the driver.
22 (e) Exemptions. Crossbows, Common or Compound bows and
23Underwater Spearguns are exempted from the definition of
24ballistic knife as defined in paragraph (1) of subsection (a)
25of this Section.
26(Source: P.A. 95-331, eff. 8-21-07; 95-809, eff. 1-1-09;

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195-885, eff. 1-1-09; 96-41, eff. 1-1-10; 96-328, eff. 8-11-09;
296-742, 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
6of 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
8same definition given to it in Section 24-1 of this Code.
9 (c) This Section does not apply to or affect the
10transportation 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
19Section constitutes a single and separate violation.
20(Source: P.A. 95-331, eff. 8-21-07; 96-742, eff. 8-25-09;
2196-829, 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
2524-1(a)(13) and Section 24-1.6 do not apply to or affect any of

HB0997 Engrossed- 58 -LRB098 04070 RLC 34093 b
1the 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
924-1.6 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
4of 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

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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,
18possession or carrying of a black-jack or slung-shot by a peace
19officer.
20 (e) Subsection 24-1(a)(8) does not apply to any owner,
21manager or authorized employee of any place specified in that
22subsection nor to any law enforcement officer or a licensee
23under the Illinois Concealed Carry Act, notwithstanding
24Section 70 of that Act.
25 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
26Section 24-1.6 do not apply to members of any club or

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1organization organized for the purpose of practicing shooting
2at targets upon established target ranges, whether public or
3private, while using their firearms on those target ranges.
4 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
5to:
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
24persons licensed under federal law to manufacture any device or
25attachment of any kind designed, used, or intended for use in
26silencing the report of any firearm, firearms, or ammunition

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1for those firearms equipped with those devices, and actually
2engaged in the business of manufacturing those devices,
3firearms, or ammunition, but only with respect to activities
4that are within the lawful scope of that business, such as the
5manufacture, transportation, or testing of those devices,
6firearms, or ammunition. This exemption does not authorize the
7general private possession of any device or attachment of any
8kind designed, used, or intended for use in silencing the
9report of any firearm, but only such possession and activities
10as are within the lawful scope of a licensed manufacturing
11business described in this subsection (g-5). During
12transportation, these devices shall be detached from any weapon
13or not immediately accessible.
14 (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1524-1.6 do not apply to or affect any parole agent or parole
16supervisor who meets the qualifications and conditions
17prescribed in Section 3-14-1.5 of the Unified Code of
18Corrections.
19 (g-7) Subsection 24-1(a)(6) does not apply to a peace
20officer while serving as a member of a tactical response team
21or special operations team. A peace officer may not personally
22own or apply for ownership of a device or attachment of any
23kind designed, used, or intended for use in silencing the
24report of any firearm. These devices shall be owned and
25maintained by lawfully recognized units of government whose
26duties include the investigation of criminal acts.

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1 (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
224-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
3athlete's possession, transport on official Olympic and
4Paralympic transit systems established for athletes, or use of
5competition firearms sanctioned by the International Olympic
6Committee, the International Paralympic Committee, the
7International Shooting Sport Federation, or USA Shooting in
8connection with such athlete's training for and participation
9in shooting competitions at the 2016 Olympic and Paralympic
10Games and sanctioned test events leading up to the 2016 Olympic
11and Paralympic Games.
12 (h) An information or indictment based upon a violation of
13any subsection of this Article need not negative any exemptions
14contained in this Article. The defendant shall have the burden
15of proving such an exemption.
16 (i) Nothing in this Article shall prohibit, apply to, or
17affect the transportation, carrying, or possession, of any
18pistol or revolver, stun gun, taser, or other firearm consigned
19to a common carrier operating under license of the State of
20Illinois or the federal government, where such transportation,
21carrying, or possession is incident to the lawful
22transportation in which such common carrier is engaged; and
23nothing in this Article shall prohibit, apply to, or affect the
24transportation, carrying, or possession of any pistol,
25revolver, stun gun, taser, or other firearm, not the subject of
26and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of

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1this Article, which is unloaded and enclosed in a case, firearm
2carrying box, shipping box, or other container, by the
3possessor of a valid Firearm Owners Identification Card.