98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB0997

Introduced 1/29/2013, by Rep. Brandon W. Phelps

SYNOPSIS AS INTRODUCED:
See Index

Creates the Family and Personal Protection Act. Provides that the Department of State Police shall issue a license to a person to: (1) carry a loaded or unloaded handgun on or about his or her person, concealed or otherwise; (2) keep or carry a loaded or unloaded handgun on or about his or her person when in a vehicle; and (3) keep a loaded or unloaded handgun openly or concealed in a vehicle. Prohibits the carrying of the handgun in certain locations. Provides that the license shall be issued by the Department of State Police within 30 days of receipt of a completed application and shall be valid throughout the State for a period of 5 years from the date of issuance. Provides for renewal of licenses. Establishes qualifications for licensees, certified firearms instructors, and instructor trainers. Provides for home rule preemption. Provides that the provisions of the Act are severable. Amends the Freedom of Information Act. Prohibits from inspection and copying information about applications for licenses to carry a handgun and about license holders contained in the database created by the Family and Personal Protection Act, except as authorized by that Act. Amends the State Finance Act and the Criminal Code of 2012 to make conforming changes. Effective immediately.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY
HOME RULE NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY

A BILL FOR

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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 Family
5and Personal Protection 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" does not include a stun gun or taser.
21 "License" means a license issued by the Department of State
22Police to carry a loaded or unloaded handgun.
23 "Licensee" means a person issued a license to carry a

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1concealed firearm.
2 "Peace officer" means (i) any person who by virtue of his
3or her office or public employment is vested by law with a duty
4to maintain public order and to make arrests for offenses,
5whether that duty extends to all offenses or is limited to
6specific offenses, or (ii) any person who, by statute, is
7granted and authorized to exercise powers similar to those
8conferred upon any peace officer employed by a law enforcement
9agency of this State. The term "peace officer" does not apply
10to an alderman acting as a conservator of the peace under
11Section 3.1-15-25 of the Illinois Municipal Code.
12 Section 15. Citizen Safety and Self-Defense Trust Fund.
13Fees from applications for licenses shall be deposited into the
14Citizen Safety and Self-Defense Trust Fund, a special fund that
15is created in the State treasury. Moneys in the Fund may be
16invested and any income from investments shall be deposited
17into the Fund. Subject to appropriation, moneys in the Fund
18shall exclusively be used to assist the Department with the
19administrative costs associated with this Act.
20 Section 20. Issuance of licenses to carry a concealed
21firearm.
22 (a) The Department shall issue a license to an applicant
23who (i) meets the qualifications of Section 25; (ii) has
24provided the application and documentation required in Section

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130; and (iii) has submitted the requisite fees. The Department
2shall issue a renewal, corrected, or duplicate license in
3accordance with this Act.
4 (a-5) The Department is authorized to issue licenses to
5carry a handgun under this Act. A license shall permit the
6licensee to:
7 (1) carry a loaded or unloaded handgun on or about his
8 or her person, concealed or otherwise;
9 (2) keep or carry a loaded or unloaded handgun on or
10 about his or her person when in a vehicle; and
11 (3) keep a loaded or unloaded handgun openly or
12 concealed in a vehicle.
13 (a-10) A licensee shall possess a license at all times the
14licensee carries a concealed firearm except (i) if the person
15is carrying or possessing a concealed firearm and the person is
16on his or her land or in his or her abode or legal dwelling or
17in the abode or legal dwelling of another person as an invitee
18with that person's permission; (ii) if the person is authorized
19to carry a firearm under Section 24-2 of the Criminal Code of
202012; or (iii) the handgun is broken down in a non-functioning
21state, is not immediately accessible, or is enclosed in a case,
22firearm carrying box, shipping box, or any other container.
23 (a-15) A licensee shall display the license upon the
24request of a peace officer or person designated to enforce the
25provisions of Section 70.
26 (b) The Department shall make applications for a license

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1available upon the effective date of this Act. Applications
2shall be available at Department locations, on the Department's
3official website, and any other location designated by the
4Department.
5 (c) A completed application for a license shall be
6submitted to the Department with all accompanying materials and
7fees. The Department shall promptly return an incomplete
8application to the applicant. Each applicant for a license
9shall submit a $25 application fee to the Department which
10shall be deposited into the Citizen Safety and Self-Defense
11Trust Fund.
12 (d) The Department may consider an objection to an
13application, provided the objection is in writing, includes
14specific reasons for the objection, and is submitted with the
15application by a municipal law enforcement agency or sheriff.
16Any objection submitted by a sheriff or a municipal law
17enforcement agency including reports submitted to the
18Department must be disclosed to the applicant unless disclosure
19would interfere with a criminal investigation.
20 (e) Notwithstanding subsection (a), the Department may
21consider any objection or recommendation made by the sheriff or
22a municipal law enforcement agency that demonstrates the
23applicant is a danger to himself, herself, or others. Based
24upon those objections, if the applicant is found by the
25Department to be a danger to himself, herself, or others, the
26Department shall deny the application and notify the applicant

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1and the sheriff or the municipal law enforcement agency in
2writing, stating the grounds for denial. The notice of denial
3must inform the applicant that he or she may, within 30 days,
4appeal the denial and submit additional materials relevant to
5the grounds for denial. Upon receiving the additional
6documentation, the Department shall reconsider its decision
7and inform the applicant within 30 days of the result of the
8reconsideration. If upon reconsideration the Department denies
9the application, the applicant must be informed of the right to
10administrative review.
11 (f) During an administrative or judicial review of a denial
12based on subsection (d) or (e) of this Section, the Department
13shall have the burden of proving by clear and convincing
14evidence that the applicant would pose a danger to the
15applicant's self, another, or public safety, or would use a
16firearm unlawfully, if granted a license to carry a concealed
17firearm under this Act.
18 (g) The license shall be issued by the Department within 30
19days of receipt of a completed application. A license shall be
20valid throughout the State for a period of 5 years. If the
21Department does not act on the application within the 30-day
22period, the applicant may file, in the circuit court of the
23judicial circuit in which the applicant resides, a complaint
24for mandamus to compel a decision on the application. If the
25applicant prevails, he or she shall be entitled to all costs,
26fees, and damages. If the court decides that the reason for the

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1denial was arbitrary, capricious, malicious, or without merit,
2the court shall award punitive damages.
3 (h) Any Illinois resident who has a license or permit to
4carry a handgun issued by another state shall be able to carry
5a handgun in accordance with this Act using that license for
6180 days following the effective date of this Act.
7 (i) The Department shall adopt rules to implement the
8provisions of this Section.
9 Section 25. Qualifications of an applicant for a license.
10The Department shall issue a license to an applicant completing
11an application in accordance with Section 30 of this Act if the
12person:
13 (a) is at least 21 years of age;
14 (b) has a valid Firearm Owner's Identification Card or,
15 if applying for a non-resident license, has a notarized
16 document stating that the applicant is eligible under
17 federal law and the laws of his or her home state to
18 possess a firearm;
19 (c) is not prohibited under the Firearm Owners
20 Identification Card Act or federal law from possessing or
21 receiving a firearm;
22 (d) is not the subject of a pending arrest warrant,
23 prosecution, or proceeding for an offense or action that
24 could lead to disqualification under subsection (c);
25 (e) does not chronically or habitually abuse alcoholic

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1 beverages, as evidenced by either of the following within
2 the 3 years immediately preceding the application:
3 (1) residential or court-ordered treatment for
4 alcoholism or alcohol detoxification; or
5 (2) 2 or more convictions for driving while under
6 the influence or driving while intoxicated; and
7 (f) has completed firearms training and any
8 educational component required in Section 85 of this Act.
9 Section 30. Contents of application.
10 (a) The application shall be in writing, under oath and
11penalty of perjury, on a standard form adopted by the
12Department and shall be accompanied by the documentation
13required in this Section and all applicable fees.
14 (b) The application shall contain the following
15information:
16 (1) the applicant's name, current address, gender,
17 date and year of birth, place of birth, height, weight,
18 hair color, eye color, maiden name or any other name the
19 applicant has used or identified with, and any address at
20 which the applicant resided for more than 30 days within
21 the 5 years preceding the date of the application;
22 (2) the applicant's drivers license or state
23 identification card number and the last 4 digits of the
24 applicant's social security number;
25 (3) questions to certify or demonstrate the applicant

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1 has completed firearms training and any educational
2 component required in Section 85 of this Act;
3 (4) a statement that the applicant is a resident of the
4 State of Illinois, except persons applying under Section 65
5 shall be instructed to submit the information required in
6 that Section;
7 (5) a waiver of privacy and confidentiality rights and
8 privileges enjoyed by the applicant under State and federal
9 law sufficient to obtain access to juvenile court, criminal
10 justice, psychological, or psychiatric records, or records
11 relating to the applicant's history, if any, of
12 institutionalization or inpatient treatment for alcoholism
13 or alcohol detoxification, as well as an affirmative
14 request that any person having custody of those records
15 provide copies of them or information concerning them to
16 the Department for the sole purpose of making a
17 determination of an applicant's eligibility under Section
18 25;
19 (6) a conspicuous warning that false statements made by
20 the applicant will result in prosecution for perjury in
21 accordance with Section 32-2 of the Criminal Code of 2012;
22 (7) an affirmation that the applicant either possesses
23 a currently valid Illinois Firearm Owner's Identification
24 Card, in which case the application shall include the card
25 number, or is applying for the card in conjunction with the
26 application for a license, except persons applying under

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1 Section 65 shall be instructed to submit a copy of a valid
2 license to carry a handgun issued by their home state, if
3 applicable, or submit a notarized document stating the
4 applicant is eligible under the laws of his or her home
5 state to possess a handgun; and
6 (8) an affirmation that the applicant meets the
7 requirements of Section 25 and is not prohibited under the
8 Firearm Owners Identification Card Act or federal law from
9 possessing a firearm.
10 (c) A person applying for a license shall provide a head
11and shoulder color photograph in a size specified by the
12Department that was taken within the 30 days preceding the date
13of the application. The applicant shall consent to the
14Department reviewing and using the applicant's digital
15driver's license or Illinois Identification Card photograph
16and signature, if available. The Secretary of State shall allow
17the Department access to the photograph and signature for the
18purpose of identifying the applicant and issuing the applicant
19a license.
20 (d) The Department may request a person applying for a
21license to submit a full set of legible fingerprints if
22necessary to determine the person's identity. Fingerprinting
23may be administered by the Department or any other federal,
24State, county, or municipal law enforcement agency or private
25vendor or company. The cost of fingerprinting shall be paid by
26the applicant, provided that the Department or law enforcement

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1agency may charge no more than $15 for a single set of
2fingerprints. The Department shall accept a hard copy or
3electronic version of the fingerprints.
4 (e) A person applying for a license shall submit a
5photocopy of a certificate or other evidence of completion of a
6course to show compliance with Section 85 of this Act.
7 (f) The Department is authorized to establish a system for
8electronically submitting applications, including applications
9for renewal or a replacement license.
10 Section 35. Database of applicants and licensees. Not more
11than one year after the effective date of this Act:
12 (a) The Department shall maintain a database of applicants
13for a license and licenses. The database shall be available to
14all Illinois law enforcement agencies, State's Attorneys, and
15the Attorney General. Members and staff of the judiciary may
16access the database for the purpose of determining whether to
17confiscate a license or to ensure compliance with this Act or
18any other law. The database shall be searchable and provide all
19information included in the application, a photo of the
20applicant or licensee, and any information related to
21violations of this Act.
22 (a-5) Individual law enforcement agencies or any other
23entity of local government shall not maintain any separate
24records, lists, or searchable databases of applicants and
25licensees containing information included in the Department's

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1database. Any law enforcement agency or other entity that
2violates this Section shall be liable for all costs, fees, and
3damages of not less than $5,000 per record or name kept in
4violation of this Section.
5 (b) The Department shall make available on its website and
6upon request under the Freedom of Information Act statistical
7information about the number of licenses issued by county, age,
8race, or gender. The report shall be updated monthly. Except as
9provided in this subsection, applications and information in
10the database shall be confidential and exempt from disclosure
11under the Freedom of Information Act. The Department may answer
12requests to confirm or deny whether a person has been issued a
13license as part of inquiries dealing with a criminal
14investigation. Individual law enforcement agencies, State's
15Attorneys, the Attorney General, members of the judiciary, and
16judicial staff shall sign a confidentiality agreement,
17prepared by the Department, prior to receiving access to the
18database. No law enforcement agency, State's Attorney, the
19Attorney General, or member or staff of the judiciary, other
20than the Department, shall provide any information to a
21requester not entitled to it by law, except as required or
22necessary for the conduct of a criminal investigation.
23 Section 40. Suspension or revocation of a license.
24 (a) A license issued or renewed under this Act shall be
25revoked if, at any time, the licensee is found ineligible for a

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1license based on the criteria set forth in Section 25 of this
2Act or the licensee no longer possesses a Firearm Owner's
3Identification Card or a non-resident licensee if his or her
4home state has revoked a license to carry a firearm. A license
5shall not be revoked unless the revocation is for reasons
6specifically authorized by this Act. This subsection shall not
7apply to a person who has filed an application with the State
8Police for renewal of a Firearm Owner's Identification Card and
9who is not otherwise ineligible to obtain a Firearm Owner's
10Identification Card.
11 (b) A license shall be suspended if an order of protection
12under Section 112A-14 of the Code of Criminal Procedure of 1963
13or under Section 214 of the Illinois Domestic Violence Act of
141986 is issued against a licensee. The license shall be
15suspended for the duration of the order or until the order is
16terminated by a court and the Department shall not reissue or
17renew a license for the duration of the order or until the
18order is terminated. If an order of protection is issued
19against a licensee, the licensee shall surrender the license,
20as applicable, to the court at the time the order is entered or
21to the law enforcement agency or entity designated to serve
22process at the time the licensee is served the order. The
23court, law enforcement agency, or entity responsible for
24serving the order shall transmit the license to the Department.
25 (c) The Department may suspend a license for a violation of
26Section 70 of this Act in accordance with subsection (i) of

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

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

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1 Section 65. Non-resident applications and reciprocity.
2 (a) A person from another state or territory of the United
3States may apply for a non-resident license. The applicant
4shall apply to the Department and must meet the qualifications
5established in Section 25. The applicant shall submit:
6 (1) the application and documentation required in
7 Section 30;
8 (2) a notarized document stating the applicant:
9 (A) is eligible under federal law and the laws of
10 his or her home state to possess a firearm;
11 (B) if applicable, has a license or permit to carry
12 a firearm or concealed firearm issued by his or her
13 home state and that a copy is attached to the
14 application;
15 (C) is familiar with Illinois laws pertaining to
16 the possession and transport of firearms; and
17 (D) acknowledges that the applicant is subject to
18 the jurisdiction of the Department and Illinois courts
19 for any violation of this Act; and
20 (3) a $25 application fee.
21 In lieu of an Illinois State driver's license or
22identification card, the person shall provide similar
23documentation from his or her state or territory.
24 (b)(1) Notwithstanding subsection (a) a nonresident of
25Illinois may carry a handgun in accordance with this Act if the
26nonresident:

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1 (A) is 21 years of age or older;
2 (B) has in his or her immediate possession a valid
3 license that authorizes the individual to carry a concealed
4 firearm issued to him or her by another state; and
5 (C) is a legal resident of the United States.
6 The Department shall enter into reciprocal agreements with
7any other state whose requirements to obtain a license or
8permit is substantially similar to those requirements
9contained in Section 85.
10 This paragraph (1) of subsection (b) applies only to
11nonresident concealed weapon or concealed firearm license
12holders from states that honor Illinois concealed weapon or
13concealed firearm licenses.
14 (2) A nonresident is subject to the same laws and
15restrictions with respect to carrying a handgun as a resident
16of Illinois who is licensed under this Act.
17 (3) If the resident of another state who is the holder of a
18valid license to carry a concealed weapon or concealed firearm
19issued in another state establishes legal residence in this
20State the license shall remain in effect for 90 days following
21the date on which the holder of the license establishes legal
22residence in this State. For the purposes of this paragraph,
23the person may establish legal residence in this State by: (A)
24registering to vote; or (B) obtaining an Illinois driver's
25license or state identification card; or (C) filing for
26homestead tax exemption on property in this State.

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1 Section 70. Restrictions.
2 (a) No license issued under this Act shall authorize any
3person to knowingly carry a concealed firearm into:
4 (1) Any building under control of the General Assembly
5 or any of its support service agencies, including the
6 portion of a building in which a committee of the General
7 Assembly convenes for the purpose of conducting meetings of
8 committees, joint committees, or legislative commissions;
9 except that nothing in this Section shall prevent a member
10 of the General Assembly from allowing licensees to carry a
11 firearm into his or her district office.
12 (2) Any courthouse or part of that building that is
13 occupied by the Circuit, Appellate, or Supreme Court, or a
14 room designated for court proceedings by any of these
15 courts, except as provided in subsection (a-5).
16 (3) Any meeting of the governing body of a unit of
17 local government or special district.
18 (4) Any establishment licensed to dispense alcoholic
19 beverages for consumption on the premises if less than 50%
20 of its annual gross income comes from the sale of food.
21 (5) Any secure area of an airport to which access is
22 controlled by the inspection of persons and property.
23 (6) Any place where the carrying of a firearm is
24 prohibited by federal law.
25 (7) Any elementary or secondary school building

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1 without the consent of school authorities. School
2 authorities shall inform the appropriate law enforcement
3 agency and any law enforcement personnel on site of that
4 consent.
5 (8) Any portion of a building used as a child care
6 facility without the consent of the owner or manager.
7 Nothing in this Section shall prevent the operator of a
8 child care facility in a family home from owning or
9 possessing a firearm or license.
10 (9) Any casino licensed under the Riverboat Gambling
11 Act. This shall not apply to any place of business that is
12 not a casino licensed for video gaming.
13 (10) Any gated area of an amusement park.
14 (11) Any stadium, arena, or collegiate or professional
15 sporting event.
16 (12) A residential mental health facility.
17 (13) Any community college, college, or university
18 building without consent of the school authorities. School
19 authorities shall inform the appropriate law enforcement
20 agency and any law enforcement personnel on site of that
21 consent. A community college, college, or university may
22 prohibit the carrying of a firearm on its campus.
23 (14) A public library building without the written
24 consent of the library's governing body. The governing body
25 shall inform the appropriate law enforcement agency of that
26 consent.

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1 (15) Any police, sheriff, or State Police office or
2 station without the consent of the chief law enforcement
3 officer in charge of that office or station.
4 (16) Any adult or juvenile detention or correctional
5 institution, prison, or jail.
6 (a-5) Judges, State's Attorneys and assistant State's
7Attorneys with the permission of the State's Attorney, who
8possess a valid license under this Act may possess a firearm in
9any courthouse in which they are employed, but shall be
10required to follow any rules applicable to sworn peace officers
11to maintain facility security.
12 (b) A municipality or school district may prohibit or limit
13licensees from carrying a firearm into or within any building
14or portion of any building owned, leased, or controlled by the
15municipality or school district by a majority vote of the
16members of its legislative body or governing board. The
17resolution, ordinance, or policy shall not prohibit a licensee
18from carrying a concealed firearm into or within any building
19used for public housing; into or within any publicly-accessible
20restroom or rest stop; into, within, or on any bridge, tunnel,
21overpass, underpass, elevated walkway, or other structure used
22as a public right of way; or into or within any
23publicly-accessible parking facility. The resolution,
24ordinance, or policy shall not prohibit a licensee from
25carrying a concealed firearm in a public transportation
26facility or while accessing the services of a public

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

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

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1 (f) A licensee shall not carry a handgun while under the
2influence of illegal drugs or hallucinogenic drugs or alcohol.
3For the purposes of this subsection (f), under the influence of
4alcohol means a blood 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 6
10inches by 6 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), (e), or
14(f) is a petty offense. A willful violation of subsection (a),
15(b), (c), (d), or (f) is a Class B misdemeanor. The court may
16require a licensee to pay a $50 fee, in addition to any other
17fees or court costs, for a violation of subsection (e) which
18shall be deposited into the Citizen Safety and Self-Defense
19Trust Fund.
20 (i) The Department may suspend a license for up to 30 days
21for a second violation of subsection (a), (b), (c), (d), or (f)
22or up to 90 days for a willful violation of subsection (a),
23(b), (c), (d), or (f). The Department may permanently revoke a
24license for 3 or more violations of this Section.
25 Section 75. Immunity, employees, and agents. The office of

HB0997- 23 -LRB098 04070 RLC 34093 b
1the county sheriff, or any employee or agent of the county
2sheriff, or the Department of State Police shall not be liable
3for damages in any civil action arising from alleged wrongful
4or improper granting, renewing, or failure to revoke licenses
5issued under this Act, except for willful or wanton misconduct.
6The office of the county sheriff and any employees or agents
7shall not be liable for submitting specific or articulable
8reasons why an applicant should be denied a license, unless the
9objection contains false, malicious, or inaccurate information
10and the objection constituted willful and wanton misconduct.
11Any owner, business or commercial lessee, landlord, manager of
12a private business enterprise, employer, or any other
13organization, entity, person, public or private college,
14university, or post-secondary educational institution that
15does not prohibit licensees from carrying firearms on property
16it owns or occupies is immune from any liability arising from
17its decision.
18 Section 80. Fees.
19 (a) Fees collected under this Act by the Department and
20deposited into the Citizen Safety and Self-Defense Trust Fund
21shall be appropriated for administration of this Act.
22 (b) Fees shall be:
23 New license: $25.
24 Renewal of license: $25.
25 Duplicate license due to lost or destroyed: $15.

HB0997- 24 -LRB098 04070 RLC 34093 b
1 Corrected license due to change of address or name: $15.
2 (c) By March 1 of each year, the Department shall submit a
3statistical report to the Governor, the President of the
4Senate, and the Speaker of the House of Representatives
5indicating the number of licenses issued, revoked, suspended,
6denied, and issued after appeal since the last report and in
7total and also the number of licenses currently valid. The
8report shall also include the number of arrests and convictions
9and the types of crimes committed by licensees since the last
10report.
11 (d) The Secretary of State shall conduct a study to
12determine the cost and feasibility of creating a method of
13adding an identifiable code, background, or other means to show
14that an individual has been issued a license by the Department
15on the person's driver's license.
16 Section 85. Applicant training.
17 (a) Applicants shall provide proof of completion of at
18least one of the following courses:
19 (1) NRA Basic Personal Protection In The Home Course.
20 (2) NRA Basics of Personal Protection Outside The Home
21 Course.
22 (3) NRA Basic Pistol Shooting Course.
23 (4) Any other firearms training course of at least 4
24 hours that covers the following:
25 (A) handgun safety in the classroom, at home, on

HB0997- 25 -LRB098 04070 RLC 34093 b
1 the firing range, and while carrying the firearm;
2 (B) the basic principles of marksmanship;
3 (C) care and cleaning of handguns;
4 (D) laws relating to the justifiable use of force.
5 (b) Applicants shall provide proof of certification by a
6certified instructor that the applicant passed a live fire
7exercise with a handgun consisting of:
8 (1) a minimum of 30 rounds; and
9 (2) 20 rounds from a distance of 7 yards and 10 rounds
10 from a distance of 15 yards at a B-21 silhouette or
11 equivalent target as approved by the Department.
12 (b-5) Students shall provide their own safe, functional
13handgun and factory-loaded ammunition.
14 (b-6) Grades of "passing" shall not be given on range work
15to an applicant who:
16 (1) does not follow the orders of the certified
17 firearms instructor;
18 (2) in the judgment of the certified firearms
19 instructor, handles a firearm in a manner that poses a
20 danger to the applicant or to others; or
21 (3) during the testing portion of the range work fails
22 to hit the silhouette portion of the target with 70% of the
23 30 rounds fired.
24 (c) The classroom portion of the course may, at the
25qualified firearms instructor's discretion, be divided into
26segments of not less than 2 hours each.

HB0997- 26 -LRB098 04070 RLC 34093 b
1 (d) Applicant training courses shall not be open to anyone
2under the age of 16 and no certificate of completion shall be
3issued to persons less than 20 years of age.
4 (e) Instructors shall maintain all records for students'
5performance for not less than 5 years.
6 (f) Certified firearms instructors shall:
7 (1) allow monitoring of their classes by officials of
8 any certifying agency;
9 (2) make all course records available upon demand to
10 authorized personnel of the Department; and
11 (3) not divulge course records except as authorized by
12 the certifying agency.
13 (g) Fees for applicant training courses shall be set by the
14instructor.
15 (h) An applicant training course shall not have more than
1640 students in the classroom portion nor more than 5 students
17per range officer engaged in range firing.
18 (i) Persons with the following training or certifications
19are exempt from the requirements of subsection (a) of this
20Section:
21 (1) An NRA certified instructor.
22 (2) An individual who has qualified to carry a firearm
23 as a retired law enforcement officer.
24 (3) Any active, retired, or honorably discharged
25 member of the armed forces who held a combat related
26 military occupation specialty (MOS).

HB0997- 27 -LRB098 04070 RLC 34093 b
1 (4) An individual certified as a law enforcement
2 instructor by the Illinois Law Enforcement Training
3 Standards Board or other equivalent agency.
4 Section 90. Firearms instructors training.
5 (a) Not later than 30 days after the effective date of this
6Act, the Department shall establish a registry of instructors
7who are eligible to teach courses or sign off on range
8qualifications, or both, to meet the requirements of Section 85
9of this Act.
10 (b) Instructors who are eligible to teach courses and
11certify range qualifications shall have one of the following
12valid firearms instructor certifications:
13 (1) National Rifle Association Personal Protection
14 Instructor;
15 (2) National Rifle Association Pistol Marksmanship
16 Instructor;
17 (3) National Rifle Association Law Enforcement Firearm
18 Instructor with a certification for handguns;
19 (4) Certification from a firearms instructor's course
20 offered by a State or federal governmental agency; or
21 (5) A similar firearms instructor qualifying course
22 approved by the Illinois Law Enforcement Training
23 Standards Board.
24 (c) Instructors who are eligible to teach courses and
25certify range qualifications shall be at least 21 years of age

HB0997- 28 -LRB098 04070 RLC 34093 b
1and possess at least a high school diploma or GED certificate.
2 (d) An applicant may have his or her instructor
3qualification revoked if the applicant:
4 (1) does not meet the requirements of this Act to
5 possess a concealed firearms permit;
6 (2) provides false or misleading information to the
7 Board; or
8 (3) has had a prior instructor qualification revoked by
9 the Board or other certifying organization.
10 Section 95. Preemption. It is declared to be the policy of
11this State that it is an exclusive power and function of the
12State to regulate the possession, carrying, and transportation
13of handguns and the issuance of licenses to carry a concealed
14firearm. Except as provided in subsection (b) of Section 70, a
15home rule unit shall not regulate the possession, carrying, or
16transportation of handguns. A home rule unit shall not regulate
17the number of handguns or require registration of handguns
18possessed by a person licensed under this Act. This Section is
19a denial of home rule powers and functions under subsection (i)
20of Section 6 of Article VII of the Illinois Constitution. Any
21unit of local government that violates this Section shall be
22liable for all costs, fees, and damages to anyone impacted by
23any rule or ordinance. In addition to any other awards of fees,
24damages, or penalties, the unit of local government shall also
25be liable for not less than $10,000 per incident per day in

HB0997- 29 -LRB098 04070 RLC 34093 b
1punitive damages to each individual affected.
2 Section 100. Expedited appeal. A judgment of a circuit
3court declaring this Act or any part of this Act
4unconstitutional or unenforceable is appealable directly to
5the Supreme Court. The notice of appeal shall be filed within
630 days after the judgment of the circuit court declaring this
7Act or any part of this Act unconstitutional or unenforceable.
8The manner of appeal shall be as provided in Supreme Court
9Rules.
10 Section 105. Severability. The provisions of this Act are
11severable under Section 1.31 of the Statute on Statutes.
12 Section 900. The Freedom of Information Act is amended by
13changing Section 7.5 as follows:
14 (5 ILCS 140/7.5)
15 Sec. 7.5. Statutory Exemptions. To the extent provided for
16by the statutes referenced below, the following shall be exempt
17from inspection and copying:
18 (a) All information determined to be confidential under
19Section 4002 of the Technology Advancement and Development Act.
20 (b) Library circulation and order records identifying
21library users with specific materials under the Library Records
22Confidentiality Act.

HB0997- 30 -LRB098 04070 RLC 34093 b
1 (c) Applications, related documents, and medical records
2received by the Experimental Organ Transplantation Procedures
3Board and any and all documents or other records prepared by
4the Experimental Organ Transplantation Procedures Board or its
5staff relating to applications it has received.
6 (d) Information and records held by the Department of
7Public Health and its authorized representatives relating to
8known or suspected cases of sexually transmissible disease or
9any information the disclosure of which is restricted under the
10Illinois Sexually Transmissible Disease Control Act.
11 (e) Information the disclosure of which is exempted under
12Section 30 of the Radon Industry Licensing Act.
13 (f) Firm performance evaluations under Section 55 of the
14Architectural, Engineering, and Land Surveying Qualifications
15Based Selection Act.
16 (g) Information the disclosure of which is restricted and
17exempted under Section 50 of the Illinois Prepaid Tuition Act.
18 (h) Information the disclosure of which is exempted under
19the State Officials and Employees Ethics Act, and records of
20any lawfully created State or local inspector general's office
21that would be exempt if created or obtained by an Executive
22Inspector General's office under that Act.
23 (i) Information contained in a local emergency energy plan
24submitted to a municipality in accordance with a local
25emergency energy plan ordinance that is adopted under Section
2611-21.5-5 of the Illinois Municipal Code.

HB0997- 31 -LRB098 04070 RLC 34093 b
1 (j) Information and data concerning the distribution of
2surcharge moneys collected and remitted by wireless carriers
3under the Wireless Emergency Telephone Safety Act.
4 (k) Law enforcement officer identification information or
5driver identification information compiled by a law
6enforcement agency or the Department of Transportation under
7Section 11-212 of the Illinois Vehicle Code.
8 (l) Records and information provided to a residential
9health care facility resident sexual assault and death review
10team or the Executive Council under the Abuse Prevention Review
11Team Act.
12 (m) Information provided to the predatory lending database
13created pursuant to Article 3 of the Residential Real Property
14Disclosure Act, except to the extent authorized under that
15Article.
16 (n) Defense budgets and petitions for certification of
17compensation and expenses for court appointed trial counsel as
18provided under Sections 10 and 15 of the Capital Crimes
19Litigation Act. This subsection (n) shall apply until the
20conclusion of the trial of the case, even if the prosecution
21chooses not to pursue the death penalty prior to trial or
22sentencing.
23 (o) Information that is prohibited from being disclosed
24under Section 4 of the Illinois Health and Hazardous Substances
25Registry Act.
26 (p) Security portions of system safety program plans,

HB0997- 32 -LRB098 04070 RLC 34093 b
1investigation reports, surveys, schedules, lists, data, or
2information compiled, collected, or prepared by or for the
3Regional Transportation Authority under Section 2.11 of the
4Regional Transportation Authority Act or the St. Clair County
5Transit District under the Bi-State Transit Safety Act.
6 (q) Information prohibited from being disclosed by the
7Personnel Records Review Act.
8 (r) Information prohibited from being disclosed by the
9Illinois School Student Records Act.
10 (s) Information the disclosure of which is restricted under
11Section 5-108 of the Public Utilities Act.
12 (t) All identified or deidentified health information in
13the form of health data or medical records contained in, stored
14in, submitted to, transferred by, or released from the Illinois
15Health Information Exchange, and identified or deidentified
16health information in the form of health data and medical
17records of the Illinois Health Information Exchange in the
18possession of the Illinois Health Information Exchange
19Authority due to its administration of the Illinois Health
20Information Exchange. The terms "identified" and
21"deidentified" shall be given the same meaning as in the Health
22Insurance Accountability and Portability Act of 1996, Public
23Law 104-191, or any subsequent amendments thereto, and any
24regulations promulgated thereunder.
25 (u) Records and information provided to an independent team
26of experts under Brian's Law.

HB0997- 33 -LRB098 04070 RLC 34093 b
1 (v) Names and information of people who have applied for or
2received Firearm Owner's Identification Cards under the
3Firearm Owners Identification Card Act.
4 (w) Personally identifiable information which is exempted
5from disclosure under subsection (g) of Section 19.1 of the
6Toll Highway Act.
7 (x) Information which is exempted from disclosure under
8Section 5-1014.3 of the Counties Code or Section 8-11-21 of the
9Illinois Municipal Code.
10 (y) Information maintained by the Department of State
11Police in accordance with subsection (a) of Section 35 of the
12Family and Personal Protection Act, except as authorized by
13that Act.
14(Source: P.A. 96-542, eff. 1-1-10; 96-1235, eff. 1-1-11;
1596-1331, eff. 7-27-10; 97-80, eff. 7-5-11; 97-333, eff.
168-12-11; 97-342, eff. 8-12-11; 97-813, eff. 7-13-12; 97-976,
17eff. 1-1-13.)
18 Section 905. The State Finance Act is amended by adding
19Section 5.826 as follows:
20 (30 ILCS 105/5.826 new)
21 Sec. 5.826. The Citizen Safety and Self-Defense Trust Fund.
22 Section 910. The Criminal Code of 2012 is amended by
23changing Sections 21-6, 24-1, 24-1.6, and 24-2 as follows:

HB0997- 34 -LRB098 04070 RLC 34093 b
1 (720 ILCS 5/21-6) (from Ch. 38, par. 21-6)
2 Sec. 21-6. Unauthorized Possession or Storage of Weapons.
3 (a) Whoever possesses or stores any weapon enumerated in
4Section 33A-1 in any building or on land supported in whole or
5in part with public funds or in any building on such land
6without prior written permission from the chief security
7officer for that such land or building commits a Class A
8misdemeanor.
9 (b) The chief security officer must grant any reasonable
10request for permission under paragraph (a).
11 (c) This Section shall not apply to a person acting
12lawfully under the Family and Personal Protection Act.
13 (d) Subsection (a) shall not apply to any tenant or
14resident of any public housing.
15(Source: P.A. 89-685, eff. 6-1-97.)
16 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
17 Sec. 24-1. Unlawful Use of Weapons.
18 (a) A person commits the offense of unlawful use of weapons
19when he knowingly:
20 (1) Sells, manufactures, purchases, possesses or
21 carries any bludgeon, black-jack, slung-shot, sand-club,
22 sand-bag, metal knuckles or other knuckle weapon
23 regardless of its composition, throwing star, or any knife,
24 commonly referred to as a switchblade knife, which has a

HB0997- 35 -LRB098 04070 RLC 34093 b
1 blade that opens automatically by hand pressure applied to
2 a button, spring or other device in the handle of the
3 knife, or a ballistic knife, which is a device that propels
4 a knifelike blade as a projectile by means of a coil
5 spring, elastic material or compressed gas; or
6 (2) Carries or possesses with intent to use the same
7 unlawfully against another, a dagger, dirk, billy,
8 dangerous knife, razor, stiletto, broken bottle or other
9 piece of glass, stun gun or taser or any other dangerous or
10 deadly weapon or instrument of like character; or
11 (3) Carries on or about his person or in any vehicle, a
12 tear gas gun projector or bomb or any object containing
13 noxious liquid gas or substance, other than an object
14 containing a non-lethal noxious liquid gas or substance
15 designed solely for personal defense carried by a person 18
16 years of age or older; or
17 (4) Carries or possesses in any vehicle or concealed on
18 or about his person except when on his land or in his own
19 abode, legal dwelling, or fixed place of business, or on
20 the land or in the legal dwelling of another person as an
21 invitee with that person's permission, any pistol,
22 revolver, stun gun or taser or other firearm, except that
23 this subsection (a) (4) does not apply to or affect
24 transportation of weapons that meet one of the following
25 conditions:
26 (i) are broken down in a non-functioning state; or

HB0997- 36 -LRB098 04070 RLC 34093 b
1 (ii) are not immediately accessible; or
2 (iii) are unloaded and enclosed in a case, firearm
3 carrying box, shipping box, or other container by a
4 person who is not otherwise prohibited from owning or
5 possessing a firearm has been issued a currently valid
6 Firearm Owner's Identification Card; or
7 (5) Sets a spring gun; or
8 (6) Possesses any device or attachment of any kind
9 designed, used or intended for use in silencing the report
10 of any firearm; or
11 (7) Sells, manufactures, purchases, possesses or
12 carries:
13 (i) a machine gun, which shall be defined for the
14 purposes of this subsection as any weapon, which
15 shoots, is designed to shoot, or can be readily
16 restored to shoot, automatically more than one shot
17 without manually reloading by a single function of the
18 trigger, including the frame or receiver of any such
19 weapon, or sells, manufactures, purchases, possesses,
20 or carries any combination of parts designed or
21 intended for use in converting any weapon into a
22 machine gun, or any combination or parts from which a
23 machine gun can be assembled if such parts are in the
24 possession or under the control of a person;
25 (ii) any rifle having one or more barrels less than
26 16 inches in length or a shotgun having one or more

HB0997- 37 -LRB098 04070 RLC 34093 b
1 barrels less than 18 inches in length or any weapon
2 made from a rifle or shotgun, whether by alteration,
3 modification, or otherwise, if such a weapon as
4 modified has an overall length of less than 26 inches;
5 or
6 (iii) any bomb, bomb-shell, grenade, bottle or
7 other container containing an explosive substance of
8 over one-quarter ounce for like purposes, such as, but
9 not limited to, black powder bombs and Molotov
10 cocktails or artillery projectiles; or
11 (8) Carries or possesses any firearm, stun gun or taser
12 or other deadly weapon in any place which is licensed to
13 sell intoxicating beverages for consumption on the
14 premises , or at any public gathering held pursuant to a
15 license issued by any governmental body or any public
16 gathering at which an admission is charged, excluding a
17 place where a showing, demonstration or lecture involving
18 the exhibition of unloaded firearms is conducted.
19 This subsection (a)(8) does not apply to any auction or
20 raffle of a firearm held pursuant to a license or permit
21 issued by a governmental body, nor does it apply to persons
22 engaged in firearm safety training courses; or
23 (9) Carries or possesses in a vehicle or on or about
24 his person any pistol, revolver, stun gun or taser or
25 firearm or ballistic knife, when he is hooded, robed or
26 masked in such manner as to conceal his identity; or

HB0997- 38 -LRB098 04070 RLC 34093 b
1 (10) Carries or possesses on or about his person, upon
2 any public street, alley, or other public lands within the
3 corporate limits of a city, village or incorporated town,
4 except when an invitee thereon or therein, for the purpose
5 of the display of such weapon or the lawful commerce in
6 weapons, or except when on his land or in his own abode,
7 legal dwelling, or fixed place of business, or on the land
8 or in the legal dwelling of another person as an invitee
9 with that person's permission, any pistol, revolver, stun
10 gun or taser or other firearm, except that this subsection
11 (a) (10) does not apply to or affect transportation of
12 weapons that meet one of the following conditions:
13 (i) are broken down in a non-functioning state; or
14 (ii) are not immediately accessible; or
15 (iii) are unloaded and enclosed in a case, firearm
16 carrying box, shipping box, or other container by a
17 person who is not otherwise prohibited from owning or
18 possessing a firearm has been issued a currently valid
19 Firearm Owner's Identification Card.
20 A "stun gun or taser", as used in this paragraph (a)
21 means (i) any device which is powered by electrical
22 charging units, such as, batteries, and which fires one or
23 several barbs attached to a length of wire and which, upon
24 hitting a human, can send out a current capable of
25 disrupting the person's nervous system in such a manner as
26 to render him incapable of normal functioning or (ii) any

HB0997- 39 -LRB098 04070 RLC 34093 b
1 device which is powered by electrical charging units, such
2 as batteries, and which, upon contact with a human or
3 clothing worn by a human, can send out current capable of
4 disrupting the person's nervous system in such a manner as
5 to render him incapable of normal functioning; or
6 (11) Sells, manufactures or purchases any explosive
7 bullet. For purposes of this paragraph (a) "explosive
8 bullet" means the projectile portion of an ammunition
9 cartridge which contains or carries an explosive charge
10 which will explode upon contact with the flesh of a human
11 or an animal. "Cartridge" means a tubular metal case having
12 a projectile affixed at the front thereof and a cap or
13 primer at the rear end thereof, with the propellant
14 contained in such tube between the projectile and the cap;
15 or
16 (12) (Blank); or
17 (13) Carries or possesses on or about his or her person
18 while in a building occupied by a unit of government, a
19 billy club, other weapon of like character, or other
20 instrument of like character intended for use as a weapon.
21 For the purposes of this Section, "billy club" means a
22 short stick or club commonly carried by police officers
23 which is either telescopic or constructed of a solid piece
24 of wood or other man-made material.
25 (b) Sentence. A person convicted of a violation of
26subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),

HB0997- 40 -LRB098 04070 RLC 34093 b
1subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
2Class A misdemeanor. A person convicted of a violation
3subsection 24-1(a)(4) or 24-1(a)(10) who is otherwise eligible
4to obtain a license under the Family and Personal Protection
5Act except for the completion of Section 85 of the Act is
6guilty of a petty offense. 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

HB0997- 41 -LRB098 04070 RLC 34093 b
1 development, in a public park, in a courthouse, on the real
2 property comprising any school, regardless of the time of
3 day or the time of year, on residential property owned,
4 operated or managed by a public housing agency or leased by
5 a public housing agency as part of a scattered site or
6 mixed-income development, on the real property comprising
7 any public park, on the real property comprising any
8 courthouse, in any conveyance owned, leased or contracted
9 by a school to transport students to or from school or a
10 school related activity, in any conveyance owned, leased,
11 or contracted by a public transportation agency, or on any
12 public way within 1,000 feet of the real property
13 comprising any school, public park, courthouse, public
14 transportation facility, or residential property owned,
15 operated, or managed by a public housing agency or leased
16 by a public housing agency as part of a scattered site or
17 mixed-income development commits a Class 2 felony and shall
18 be sentenced to a term of imprisonment of not less than 3
19 years and not more than 7 years.
20 (1.5) A person who violates subsection 24-1(a)(4),
21 24-1(a)(9), or 24-1(a)(10) in any school, regardless of the
22 time of day or the time of year, in residential property
23 owned, operated, or managed by a public housing agency or
24 leased by a public housing agency as part of a scattered
25 site or mixed-income development, in a public park, in a
26 courthouse, on the real property comprising any school,

HB0997- 42 -LRB098 04070 RLC 34093 b
1 regardless of the time of day or the time of year, on
2 residential property owned, operated, or managed by a
3 public housing agency or leased by a public housing agency
4 as part of a scattered site or mixed-income development, on
5 the real property comprising any public park, on the real
6 property comprising any courthouse, in any conveyance
7 owned, leased, or contracted by a school to transport
8 students to or from school or a school related activity, in
9 any conveyance owned, leased, or contracted by a public
10 transportation agency, or on any public way within 1,000
11 feet of the real property comprising any school, public
12 park, courthouse, public transportation facility, or
13 residential property owned, operated, or managed by a
14 public housing agency or leased by a public housing agency
15 as part of a scattered site or mixed-income development
16 commits a Class 3 felony.
17 (2) A person who violates subsection 24-1(a)(1),
18 24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
19 time of day or the time of year, in residential property
20 owned, operated or managed by a public housing agency or
21 leased by a public housing agency as part of a scattered
22 site or mixed-income development, in a public park, in a
23 courthouse, on the real property comprising any school,
24 regardless of the time of day or the time of year, on
25 residential property owned, operated or managed by a public
26 housing agency or leased by a public housing agency as part

HB0997- 43 -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:

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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

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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 has been issued a currently valid Firearm
16 Owner's Identification Card.
17 (d) Sentence.
18 (1) Aggravated unlawful use of a weapon is a Class 4
19 felony; a second or subsequent offense is a Class 2 felony
20 for which the person shall be sentenced to a term of
21 imprisonment of not less than 3 years and not more than 7
22 years.
23 (2) Except as otherwise provided in paragraphs (3) and
24 (4) of this subsection (d), a first offense of aggravated
25 unlawful use of a weapon committed with a firearm by a
26 person 18 years of age or older where the factors listed in

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1 both items (A) and (C) of paragraph (3) of subsection (a)
2 are present is a Class 4 felony, for which the person shall
3 be sentenced to a term of imprisonment of not less than one
4 year and not more than 3 years.
5 (3) Aggravated unlawful use of a weapon by a person who
6 has been previously convicted of a felony in this State or
7 another jurisdiction is a Class 2 felony for which the
8 person shall be sentenced to a term of imprisonment of not
9 less than 3 years and not more than 7 years.
10 (4) Aggravated unlawful use of a weapon while wearing
11 or in possession of body armor as defined in Section 33F-1
12 by a person who has not been issued a valid Firearms
13 Owner's Identification Card in accordance with Section 5 of
14 the Firearm Owners Identification Card Act is a Class X
15 felony.
16 (e) The possession of each firearm in violation of this
17Section constitutes a single and separate violation.
18(Source: P.A. 95-331, eff. 8-21-07; 96-742, eff. 8-25-09;
1996-829, eff. 12-3-09; 96-1107, eff. 1-1-11.)
20 (720 ILCS 5/24-2)
21 Sec. 24-2. Exemptions.
22 (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
2324-1(a)(13) and Section 24-1.6 do not apply to or affect any of
24the following:
25 (1) Peace officers, and any person summoned by a peace

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1 officer to assist in making arrests or preserving the
2 peace, while actually engaged in assisting such officer.
3 (2) Wardens, superintendents and keepers of prisons,
4 penitentiaries, jails and other institutions for the
5 detention of persons accused or convicted of an offense,
6 while in the performance of their official duty, or while
7 commuting between their homes and places of employment.
8 (3) Members of the Armed Services or Reserve Forces of
9 the United States or the Illinois National Guard or the
10 Reserve Officers Training Corps, while in the performance
11 of their official duty.
12 (4) Special agents employed by a railroad or a public
13 utility to perform police functions, and guards of armored
14 car companies, while actually engaged in the performance of
15 the duties of their employment or commuting between their
16 homes and places of employment; and watchmen while actually
17 engaged in the performance of the duties of their
18 employment.
19 (5) Persons licensed as private security contractors,
20 private detectives, or private alarm contractors, or
21 employed by an agency certified by the Department of
22 Financial and Professional Regulation, if their duties
23 include the carrying of a weapon under the provisions of
24 the Private Detective, Private Alarm, Private Security,
25 Fingerprint Vendor, and Locksmith Act of 2004, while
26 actually engaged in the performance of the duties of their

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

HB0997- 51 -LRB098 04070 RLC 34093 b
1 a security guard, is a member of a security force of at
2 least 5 persons registered with the Department of Financial
3 and Professional Regulation; provided that such security
4 guard has successfully completed a course of study,
5 approved by and supervised by the Department of Financial
6 and Professional Regulation, consisting of not less than 40
7 hours of training that includes the theory of law
8 enforcement, liability for acts, and the handling of
9 weapons. A person shall be considered eligible for this
10 exemption if he or she has completed the required 20 hours
11 of training for a security officer and 20 hours of required
12 firearm training, and has been issued a firearm control
13 card by the Department of Financial and Professional
14 Regulation. Conditions for the renewal of firearm control
15 cards issued under the provisions of this Section shall be
16 the same as for those cards issued under the provisions of
17 the Private Detective, Private Alarm, Private Security,
18 Fingerprint Vendor, and Locksmith Act of 2004. The firearm
19 control card shall be carried by the security guard at all
20 times when he or she is in possession of a concealable
21 weapon.
22 (7) Agents and investigators of the Illinois
23 Legislative Investigating Commission authorized by the
24 Commission to carry the weapons specified in subsections
25 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
26 any investigation for the Commission.

HB0997- 52 -LRB098 04070 RLC 34093 b
1 (8) Persons employed by a financial institution for the
2 protection of other employees and property related to such
3 financial institution, while actually engaged in the
4 performance of their duties, commuting between their homes
5 and places of employment, or traveling between sites or
6 properties owned or operated by such financial
7 institution, provided that any person so employed has
8 successfully completed a course of study, approved by and
9 supervised by the Department of Financial and Professional
10 Regulation, consisting of not less than 40 hours of
11 training which includes theory of law enforcement,
12 liability for acts, and the handling of weapons. A person
13 shall be considered to be eligible for this exemption if he
14 or she has completed the required 20 hours of training for
15 a security officer and 20 hours of required firearm
16 training, and has been issued a firearm control card by the
17 Department of Financial and Professional Regulation.
18 Conditions for renewal of firearm control cards issued
19 under the provisions of this Section shall be the same as
20 for those issued under the provisions of the Private
21 Detective, Private Alarm, Private Security, Fingerprint
22 Vendor, and Locksmith Act of 2004. Such firearm control
23 card shall be carried by the person so trained at all times
24 when such person is in possession of a concealable weapon.
25 For purposes of this subsection, "financial institution"
26 means a bank, savings and loan association, credit union or

HB0997- 53 -LRB098 04070 RLC 34093 b
1 company providing armored car services.
2 (9) Any person employed by an armored car company to
3 drive an armored car, while actually engaged in the
4 performance of his duties.
5 (10) Persons who have been classified as peace officers
6 pursuant to the Peace Officer Fire Investigation Act.
7 (11) Investigators of the Office of the State's
8 Attorneys Appellate Prosecutor authorized by the board of
9 governors of the Office of the State's Attorneys Appellate
10 Prosecutor to carry weapons pursuant to Section 7.06 of the
11 State's Attorneys Appellate Prosecutor's Act.
12 (12) Special investigators appointed by a State's
13 Attorney under Section 3-9005 of the Counties Code.
14 (12.5) Probation officers while in the performance of
15 their duties, or while commuting between their homes,
16 places of employment or specific locations that are part of
17 their assigned duties, with the consent of the chief judge
18 of the circuit for which they are employed.
19 (13) Court Security Officers while in the performance
20 of their official duties, or while commuting between their
21 homes and places of employment, with the consent of the
22 Sheriff.
23 (13.5) A person employed as an armed security guard at
24 a nuclear energy, storage, weapons or development site or
25 facility regulated by the Nuclear Regulatory Commission
26 who has completed the background screening and training

HB0997- 54 -LRB098 04070 RLC 34093 b
1 mandated by the rules and regulations of the Nuclear
2 Regulatory Commission.
3 (14) Manufacture, transportation, or sale of weapons
4 to persons authorized under subdivisions (1) through
5 (13.5) of this subsection to possess those weapons.
6 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
724-1.6 do not apply to or affect any of the following:
8 (1) Members of any club or organization organized for
9 the purpose of practicing shooting at targets upon
10 established target ranges, whether public or private, and
11 patrons of such ranges, while such members or patrons are
12 using their firearms on those target ranges.
13 (2) Duly authorized military or civil organizations
14 while parading, with the special permission of the
15 Governor.
16 (3) Hunters, trappers or fishermen with a license or
17 permit while engaged in hunting, trapping or fishing.
18 (4) Transportation of weapons that are broken down in a
19 non-functioning state or are not immediately accessible.
20 (5) Carrying or possessing any pistol, revolver, stun
21 gun or taser or other firearm on the land or in the legal
22 dwelling of another person as an invitee with that person's
23 permission.
24 (6) A licensee under the Family and Personal Protection
25 Act, notwithstanding Section 70 of that Act, if the
26 licensee meets the requirements of the Family and Personal

HB0997- 55 -LRB098 04070 RLC 34093 b
1 Protection Act.
2 (c) Subsection 24-1(a)(7) does not apply to or affect any
3of the following:
4 (1) Peace officers while in performance of their
5 official duties.
6 (2) Wardens, superintendents and keepers of prisons,
7 penitentiaries, jails and other institutions for the
8 detention of persons accused or convicted of an offense.
9 (3) Members of the Armed Services or Reserve Forces of
10 the United States or the Illinois National Guard, while in
11 the performance of their official duty.
12 (4) Manufacture, transportation, or sale of machine
13 guns to persons authorized under subdivisions (1) through
14 (3) of this subsection to possess machine guns, if the
15 machine guns are broken down in a non-functioning state or
16 are not immediately accessible.
17 (5) Persons licensed under federal law to manufacture
18 any weapon from which 8 or more shots or bullets can be
19 discharged by a single function of the firing device, or
20 ammunition for such weapons, and actually engaged in the
21 business of manufacturing such weapons or ammunition, but
22 only with respect to activities which are within the lawful
23 scope of such business, such as the manufacture,
24 transportation, or testing of such weapons or ammunition.
25 This exemption does not authorize the general private
26 possession of any weapon from which 8 or more shots or

HB0997- 56 -LRB098 04070 RLC 34093 b
1 bullets can be discharged by a single function of the
2 firing device, but only such possession and activities as
3 are within the lawful scope of a licensed manufacturing
4 business described in this paragraph.
5 During transportation, such weapons shall be broken
6 down in a non-functioning state or not immediately
7 accessible.
8 (6) The manufacture, transport, testing, delivery,
9 transfer or sale, and all lawful commercial or experimental
10 activities necessary thereto, of rifles, shotguns, and
11 weapons made from rifles or shotguns, or ammunition for
12 such rifles, shotguns or weapons, where engaged in by a
13 person operating as a contractor or subcontractor pursuant
14 to a contract or subcontract for the development and supply
15 of such rifles, shotguns, weapons or ammunition to the
16 United States government or any branch of the Armed Forces
17 of the United States, when such activities are necessary
18 and incident to fulfilling the terms of such contract.
19 The exemption granted under this subdivision (c)(6)
20 shall also apply to any authorized agent of any such
21 contractor or subcontractor who is operating within the
22 scope of his employment, where such activities involving
23 such weapon, weapons or ammunition are necessary and
24 incident to fulfilling the terms of such contract.
25 During transportation, any such weapon shall be broken
26 down in a non-functioning state, or not immediately

HB0997- 57 -LRB098 04070 RLC 34093 b
1 accessible.
2 (7) A person possessing a rifle with a barrel or
3 barrels less than 16 inches in length if: (A) the person
4 has been issued a Curios and Relics license from the U.S.
5 Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B)
6 the person is an active member of a bona fide, nationally
7 recognized military re-enacting group and the modification
8 is required and necessary to accurately portray the weapon
9 for historical re-enactment purposes; the re-enactor is in
10 possession of a valid and current re-enacting group
11 membership credential; and the overall length of the weapon
12 as modified is not less than 26 inches.
13 During transportation, any such weapon shall be broken
14 down in a non-functioning state, or not immediately
15 accessible.
16 (d) Subsection 24-1(a)(1) does not apply to the purchase,
17possession or carrying of a black-jack or slung-shot by a peace
18officer.
19 (e) Subsection 24-1(a)(8) does not apply to any owner,
20manager or authorized employee of any place specified in that
21subsection nor to any law enforcement officer or a licensee
22under the Family and Personal Protection Act, notwithstanding
23Section 70 of that Act.
24 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
25Section 24-1.6 do not apply to members of any club or
26organization organized for the purpose of practicing shooting

HB0997- 58 -LRB098 04070 RLC 34093 b
1at targets upon established target ranges, whether public or
2private, while using their firearms on those target ranges.
3 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
4to:
5 (1) Members of the Armed Services or Reserve Forces of
6 the United States or the Illinois National Guard, while in
7 the performance of their official duty.
8 (2) Bonafide collectors of antique or surplus military
9 ordinance.
10 (3) Laboratories having a department of forensic
11 ballistics, or specializing in the development of
12 ammunition or explosive ordinance.
13 (4) Commerce, preparation, assembly or possession of
14 explosive bullets by manufacturers of ammunition licensed
15 by the federal government, in connection with the supply of
16 those organizations and persons exempted by subdivision
17 (g)(1) of this Section, or like organizations and persons
18 outside this State, or the transportation of explosive
19 bullets to any organization or person exempted in this
20 Section by a common carrier or by a vehicle owned or leased
21 by an exempted manufacturer.
22 (g-5) Subsection 24-1(a)(6) does not apply to or affect
23persons licensed under federal law to manufacture any device or
24attachment of any kind designed, used, or intended for use in
25silencing the report of any firearm, firearms, or ammunition
26for those firearms equipped with those devices, and actually

HB0997- 59 -LRB098 04070 RLC 34093 b
1engaged in the business of manufacturing those devices,
2firearms, or ammunition, but only with respect to activities
3that are within the lawful scope of that business, such as the
4manufacture, transportation, or testing of those devices,
5firearms, or ammunition. This exemption does not authorize the
6general private possession of any device or attachment of any
7kind designed, used, or intended for use in silencing the
8report of any firearm, but only such possession and activities
9as are within the lawful scope of a licensed manufacturing
10business described in this subsection (g-5). During
11transportation, these devices shall be detached from any weapon
12or not immediately accessible.
13 (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1424-1.6 do not apply to or affect any parole agent or parole
15supervisor who meets the qualifications and conditions
16prescribed in Section 3-14-1.5 of the Unified Code of
17Corrections.
18 (g-7) Subsection 24-1(a)(6) does not apply to a peace
19officer while serving as a member of a tactical response team
20or special operations team. A peace officer may not personally
21own or apply for ownership of a device or attachment of any
22kind designed, used, or intended for use in silencing the
23report of any firearm. These devices shall be owned and
24maintained by lawfully recognized units of government whose
25duties include the investigation of criminal acts.
26 (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and

HB0997- 60 -LRB098 04070 RLC 34093 b
124-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
2athlete's possession, transport on official Olympic and
3Paralympic transit systems established for athletes, or use of
4competition firearms sanctioned by the International Olympic
5Committee, the International Paralympic Committee, the
6International Shooting Sport Federation, or USA Shooting in
7connection with such athlete's training for and participation
8in shooting competitions at the 2016 Olympic and Paralympic
9Games and sanctioned test events leading up to the 2016 Olympic
10and Paralympic Games.
11 (h) An information or indictment based upon a violation of
12any subsection of this Article need not negative any exemptions
13contained in this Article. The defendant shall have the burden
14of proving such an exemption.
15 (i) Nothing in this Article shall prohibit, apply to, or
16affect the transportation, carrying, or possession, of any
17pistol or revolver, stun gun, taser, or other firearm consigned
18to a common carrier operating under license of the State of
19Illinois or the federal government, where such transportation,
20carrying, or possession is incident to the lawful
21transportation in which such common carrier is engaged; and
22nothing in this Article shall prohibit, apply to, or affect the
23transportation, carrying, or possession of any pistol,
24revolver, stun gun, taser, or other firearm, not the subject of
25and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of
26this Article, which is unloaded and enclosed in a case, firearm

HB0997- 61 -LRB098 04070 RLC 34093 b
1carrying box, shipping box, or other container, by the
2possessor of a valid Firearm Owners Identification Card.
3(Source: P.A. 96-7, eff. 4-3-09; 96-230, eff. 1-1-10; 96-742,
4eff. 8-25-09; 96-1000, eff. 7-2-10; 97-465, eff. 8-22-11;
597-676, eff. 6-1-12; 97-936, eff. 1-1-13; 97-1010, eff. 1-1-13;
6revised 8-23-12.)
7 Section 999. Effective date. This Act takes effect upon
8becoming law.

HB0997- 62 -LRB098 04070 RLC 34093 b
1 INDEX
2 Statutes amended in order of appearance