CONCEALED CARRY-FIREARMS
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HB 997 — CONCEALED CARRY-FIREARMS
Last action — Session Sine Die
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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3Passed House
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 98th Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
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.
Bill Text
What changed in the latest version
1618 added · 1434 removedPlain-language change summary
The recent amendments to HB 997 change the title of the bill to the "Illinois Concealed Carry Act" and clarify the definition of “handgun” to include accessories like magazines and laser sights, while explicitly excluding stun guns and tasers. These adjustments help ensure that the law clearly defines what is considered a firearm for carrying purposes and establishes a formal licensing process through the Department of State Police, which is essential for both regulation and public safety. Additionally, they include provisions for protecting the privacy of license holders, thus addressing concerns about data security. Overall, these changes streamline the act and enhance its focus on responsible concealed carry in Illinois.
*LRB09804070RLC34093b* HB0997 98THEngrossed GENERALLRB098 ASSEMBLY04070 StateRLC of34093 Illinoisb andAN 2014ACT HB0997concerning Introducedfirearms. 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.
LRB098 04070 RLC 34093 b CORRECTIONAL FISCAL NOTE ACT BUDGET AND MAY APPLY IMPACT NOTE ACT MAY APPLY HOME RULE NOTE STATE MANDATES ACT MAY APPLY ACT MAY REQUIRE REIMBURSEMENT A BILL FOR HB0997 LRB098 04070 RLC 34093 b AN ACT concerning firearms.
This Act may be cited as the FamilyIllinois andConcealed PersonalCarry Protection Act.
"Handgun" includes, but is not limited to, magazines, ammunition, laser sighting devices and other accessories intrinsic to a handgun carried for defensive purposes.
HB0997 Engrossed - 2 - LRB098 04070 RLC 34093 b "License" means a license issued by the Department of State Police to carry a loaded or unloaded handgun.
"Licensee" means a person issued a license to carry a HB0997 - 2 - LRB098 04070 RLC 34093 b concealed firearm.
CitizenState SafetyPolice Firearm Services Fund and Self-DefenseMental TrustHealth Reporting Fund.
Fees(a) fromAll applicationsapplication forfees licenses shall be deposited into the CitizenState SafetyPolice andFirearm Self-DefenseServices TrustFund Fund,and athe specialMental fundHealth thatReporting isFund. created in the State treasury.
MoneysFor ineach thenew Fundlicense mayor nonresident license, $70 shall be investedapportioned andto anythe incomeState fromPolice investmentsFirearm Services Fund and $30 shall be depositedapportioned intoto the Mental Health Reporting Fund.
SubjectFor toeach appropriation,renewal, moneysduplicate, incorrected theor Fundlate shallrenewal exclusivelyfee, $20 shall be usedapportioned to assist the DepartmentState withPolice theFirearm administrativeServices costsFund associatedand with$15 thisshall Act.be apportioned to the Mental Health Reporting Fund.
HB0997 Engrossed - 3 - LRB098 04070 RLC 34093 b (b) State Police Firearm Services Fund.
There is created in the State treasury a special fund known as the State Police Firearm Services Fund.
The Fund shall receive revenue under Section 5 of the Firearm Owners Identification Card Act, this Act, and Section 24-1.9 of the Criminal Code of 2012.
The Fund may also receive revenue from grants, pass-through grants, donations, appropriations and any other lawful source.
(1) The Department of State Police may use monies in the Fund to finance any of its lawful purposes, mandates, functions, and duties under the Firearm Owners Identification Card Act, this Act, and Section 24-1.9 of the Criminal Code of 2012, including the cost of sending notices of expiration and Firearm Owner's Identification Cards, concealed carry licenses, the prompt and efficient processing of applications under the Firearm Owners Identification Card Act, and this Act, the improved efficiency and reporting of the LEADS and federal NICS law enforcement data systems, and support for investigations required under these Acts and laws.
Any surplus funds beyond what is needed to comply with the aforementioned purposes shall be used by the Department to improve LEADS and the criminal history background check system.
(2) Investment income that is attributable to the investment of moneys in the Fund shall be retained in the Fund for the uses specified in paragraph (1) of this subsection.
HB0997 Engrossed - 4 - LRB098 04070 RLC 34093 b (3) The State Police Firearm Services Fund shall not be subject to administrative chargebacks.
(c) Mental Health Reporting Fund.
There is created in the State treasury a special fund known as the Mental Health Reporting Fund.
The Fund shall receive revenue under this Act.
The Fund may also receive revenue from grants, pass-through grants, donations, appropriations, and any other lawful source.
(1) Acting in coordination, the Department of State Police and the Department of Human Services may use monies in the Fund to finance any of the duties related to collecting mental health records and ensuring that mental health firearm prohibitions are enforced as set forth under the Firearm Owners Identification Card Act and this Act.
Show all 341 changed lines (301 more)
Any surplus funds beyond what is needed to ensure compliance with mental health reporting shall be used by the Department of Human Services for mental health treatment programs.
(2) Investment income that is attributable to the investment of moneys in the Fund shall be retained in the Fund for the uses specified in paragraph (1) of this subsection.
(3) The Mental Health Reporting Fund shall not be subject to administrative chargebacks.
Issuance of licenses to carry a concealed HB0997 Engrossed - 5 - LRB098 04070 RLC 34093 b firearm.
(a) The Department shall issue a license to an applicant whowho: (i) meets the qualifications of Section 25;
(ii)(i) hasmeets provided the applicationqualifications andof documentationSection required25 inor Section HB099765; - 3 - LRB098 04070 RLC 34093 b 30;
(ii) has provided the application and documentation required in Section 30;
(a-10) A licensee shall possess a license at all times the licensee carries a concealed firearm except (i) if the person is carrying or possessing a concealed firearm and the person is on his or her landland, or in his or her abode or legal dwellingdwelling, or in the abode or legal dwelling of another person as an invitee with that person's permission;
or (iii) the handgun is broken down in a non-functioning state, or is not immediately accessible, or is enclosed in a case, firearm carrying box, shipping box,box or any other HB0997 Engrossed - 6 - LRB098 04070 RLC 34093 b container.
(a-15) A licensee shall display the license upon the request of a peace officer or person designated to enforce the provisions of Section 70.70 when carrying a handgun under the provisions of this Act.
(b) TheNot Departmentmore shallthan make60 applicationsdays forafter athe licenseeffective HB0997date -of 4this -Act, LRB098the 04070Department RLCshall 34093make bapplications for a license available upon the effective date of this Act.
Each applicant for a license shall submit aan $25$100 application fee to the DepartmentDepartment, $70 of which shall be deposited into the CitizenState SafetyPolice Firearm Services Fund for use in administering the Firearm Owners Identification Act and Self-Defensethis TrustAct, and $30 of which shall be deposited into the Mental Health Reporting Fund.
Any objection submitted by a sheriff or a municipal law enforcement agency including reports submitted to the HB0997 Engrossed - 7 - LRB098 04070 RLC 34093 b Department must be disclosed to the applicant unless disclosure would interfere with a criminal investigation.
(e)The Notwithstanding subsection (a), the Department mayshall considermaintain anya objectiondatabase orof recommendationapplicants madesearchable by thecounty sheriffthat ormay abe municipalaccessible lawby enforcementsheriffs agencyfor thatuse demonstratesin thefiling applicantan isobjection aunder dangerthis tosubsection. himself, herself, or others.
Based(e) uponNotwithstanding thosesubsection objections,(a), if the applicantDepartment ismay foundconsider byany theobjection Departmentor torecommendation bemade aby dangerthe tosheriff himself, herself, or others,a themunicipal Departmentlaw shallenforcement denyagency thethat applicationdemonstrates and notify the applicant HB0997is -a 5danger -to LRB098himself 04070or RLCherself 34093 b and the sheriff or theothers. municipal law enforcement agency in writing, stating the grounds for denial.
TheBased noticeupon ofthose denialobjections, mustif inform the applicant thatis hefound by the Department to be a danger to himself or sheherself may,or withinothers, 30the days,Department appealmay deny the denialapplication and submitnotify additionalthe materialsapplicant relevantand tothe sheriff or the municipal law enforcement agency in writing, stating the grounds for denial.
The notice of denial must inform the applicant that he or she may, within 90 days for the first year after this Act takes effect and within 45 days thereafter, appeal the denial and submit additional materials relevant to the grounds for denial.
(f) During an administrative or judicial review of a denial based on subsection (d) or (e) of this Section, the Department shall have the burden of proving by clear and convincing HB0997 Engrossed - 8 - LRB098 04070 RLC 34093 b evidence that the applicant would pose a danger to the applicant's self, another, or public safety, or would use a firearm unlawfully, if granted a license to carry a concealed firearm under this Act.
(g) The license shall be issued by the Department within 3090 days of receipt of a completed application.application for the first year after the effective date of this Act, and within 45 days of receipt thereafter.
If the Department does not act on the application within the 30-daytime period,period provided in subsection (e), the applicant may file, in the circuit court of the judicial circuit in which the applicant resides, a complaint for mandamus to compel a decision on the application.
If the court decides that the reason for the HB0997 - 6 - LRB098 04070 RLC 34093 b denial was arbitrary, capricious, malicious, or without merit, the court shall award punitive damages.
(h) Any Illinois resident who has a license or permit to carry a handgun issued by another statestate, as set forth in paragraph (1) of subsection (b) of Section 65, shall be able to carry a handgun in accordance with this Act using that license for 180365 days following the effective date of this Act.
(i)Those Thestates Departmentinclude, shallbut adoptare rulesnot tolimited implementto: the provisions of this Section.
Arizona, California, Florida, Iowa, Kentucky, Michigan, Minnesota, Missouri, New Mexico, Ohio, Tennessee, Texas, and Wisconsin.
(i) The Department shall adopt rules to implement the HB0997 Engrossed - 9 - LRB098 04070 RLC 34093 b provisions of this Section.
(b) has a valid Firearm Owner's Identification Card or, if applying for a non-residentnonresident license, has a notarized document stating that the applicant is eligible under federal law and the laws of his or her home state to possess a firearm;
(e) does not chronically or habitually abuse alcoholic HB0997 - 7 - LRB098 04070 RLC 34093 b beverages, as evidenced by either of the following within the 35 years immediately preceding the application:
and (f) has completed firearms training and any HB0997 Engrossed - 10 - LRB098 04070 RLC 34093 b educational component required in Section 85 of this Act.
(2) the applicant's driversdriver's license or state identification card number and the last 4 digits of the applicant's social security number;
(3) questions to certify or demonstrate the applicant HB0997 - 8 - LRB098 04070 RLC 34093 b has completed firearms training and any educational component required in Section 85 of this Act;
(5) a waiver of privacy and confidentiality rights and HB0997 Engrossed - 11 - LRB098 04070 RLC 34093 b privileges enjoyed by the applicant under State and federal law sufficient to obtain access to juvenile court, criminal justice, psychological, or psychiatric records, or records relating to the applicant's history, if any, of institutionalization or inpatient treatment for alcoholism or alcohol detoxification, as well as an affirmative request that any person having custody of those records provide copies of them or information concerning them to the Department for the sole purpose of making a determination of an applicant's eligibility under Section 25;
(7) an affirmation that the applicant either possesses a currently valid Illinois Firearm Owner's Identification Card, in which case the application shall include the card number, or is applying for the card in conjunction with the application for a license, except persons applying under HB0997 - 9 - LRB098 04070 RLC 34093 b Section 65 shall be instructed to submit a copy of a valid license to carry a handgun issued by their home state, if applicable, or submit a notarized document stating the applicant is eligible under the laws of his or her home state to possess a handgun;
and (8) an affirmation that the applicant meets the requirements of Section 25 and is not prohibited under the HB0997 Engrossed - 12 - LRB098 04070 RLC 34093 b Firearm Owners Identification Card Act or federal law from possessing a firearm.firearm;
and (9) an affirmation that the applicant has read and understands Article 7 of the Criminal Code of 2012 (Justifiable Use of Force;
Exoneration).
The cost of fingerprinting shall be paid by the applicant, provided that the Department or law enforcement HB0997 - 10 - LRB098 04070 RLC 34093 b agency may charge no more than $15 for a single set of fingerprints.
TheEach Departmentapplicant shallfor accept a hardlicense copythat the Department requests to have his or her fingerprints submitted to the Department shall submit them in an electronic versionformat ofthat HB0997 Engrossed - 13 - LRB098 04070 RLC 34093 b complies with the fingerprints.form and manner for requesting and furnishing criminal history record information as prescribed by the Department.
These fingerprints shall be checked against the Department and the Federal Bureau of Investigation criminal history record databases.
The Department shall charge applicants a fee for conducting the criminal history records check, which shall be deposited into the State Police Firearm Services Fund and shall not exceed the actual cost of the criminal history records check.
The database shall be searchable and provide all information included in the application, a photo of the HB0997 Engrossed - 14 - LRB098 04070 RLC 34093 b applicant or licensee, and any information related to violations of this Act.
(a-5) Individual law enforcement agencies or any other entity of local government shall not maintain any separate records, lists, or searchable databases of applicants and licensees containing information included in the Department's HB0997 - 11 - LRB098 04070 RLC 34093 b database.
Any law enforcement agency or other entity that violates this Section shall be liable for all costs, fees, and damages of not less than $5,000 per record or name kept in violation of this Section.
HB0997 Engrossed - 15 - LRB098 04070 RLC 34093 b Section 40.
(a) A license issued or renewed under this Act shall be revoked if, at any time, the licensee is found ineligible for a HB0997 - 12 - LRB098 04070 RLC 34093 b license based on the criteria set forth in Section 25 of this Act or the licensee no longer possesses a Firearm Owner's Identification Card or a non-residentnonresident licensee if his or her home state has revoked a license to carry a firearm.
The court, law enforcement agency, or entity responsible for HB0997 Engrossed - 16 - LRB098 04070 RLC 34093 b serving the order shall transmit the license to the Department.
(c) The Department may suspend a license for a violation of Section 70 of this Act in accordance with subsection (i) of HB0997 - 13 - LRB098 04070 RLC 34093 b Section 70.
A license shall be renewed for a period of 5 years upon receipt of a completed renewal application and a $25$100 renewal fee.
(i) participated in at least one shooting competition with HB0997 Engrossed - 17 - LRB098 04070 RLC 34093 b a handgun within 6 months of the application for renewal and attested to by any instructor qualified under this Act;
or (ii) HB0997 - 14 - LRB098 04070 RLC 34093 b completed an equivalent range exercise as prescribed in Section 85 and attested to by any instructor qualified under this Act.
The licensee shall submit a $25$50 fee, a notarized statement that the licensee has changed residence or his or her name, and a photograph as required in Section 30 of this Act.
To request a new license, the licensee shall submitsubmit: (i) a $25 fee, (ii) a notarized statement that the licensee no longer possesses the license and that it was lost or destroyed, or (iii) a copy of a police report stating that the license was lost, destroyed, or stolen, and (iv) a photograph as required in Section 30 of this Act.
HB0997(i) -a 15$50 -fee; LRB098 04070 RLC 34093 b Section 65.
Non-resident(ii) applicationsa notarized statement that the licensee no longer possesses the license and reciprocity.that it was lost or destroyed, or a copy of a police report stating that the license was lost, destroyed, or stolen;
(a)and A(iii) persona fromphotograph anotheras staterequired orin territoryHB0997 ofEngrossed the- United18 States- mayLRB098 apply04070 forRLC a34093 non-residentb license.Section 30 of this Act.
Section 65.
Nonresident applications and reciprocity.
(a) A person from another state or territory of the United States may apply for a nonresident license.
and (3) a $25$100 application fee.
In lieu of an Illinois State driver's license or State identification card, the person shall provide similar documentation from his or her state or territory.territory;
(b)(1)a Notwithstandingnonresident subsectionshall (a)not abe nonresidentrequired ofto Illinoishave maya carryFirearm aOwner's handgunIdentification inHB0997 accordanceEngrossed with- this19 Act- ifLRB098 the04070 nonresident:RLC 34093 b Card.
HB0997(b)(1) -Notwithstanding 16subsection -(a), LRB098a 04070nonresident RLCof 34093Illinois bmay (A)carry isa 21handgun yearsin ofaccordance agewith orthis older;Act if the nonresident:
(B)(A) hasis in21 hisyears orof herage immediate possession a valid license that authorizes the individual to carry a concealed firearm issued to him or herolder; by another state;
(B) has in his or her immediate possession a valid license that authorizes the individual to carry a concealed firearm issued to him or her by his or her home state;
The Department shall enterrecognize intoany reciprocalother agreementsstate's withlicense anyor otherpermit state whose requirements to obtain a license or permit is substantially similar to those requirements contained in Section 85.
ThisWhen paragraphrequired (1)by ofanother subsectionstate, (b)the appliesDepartment onlyshall toenter nonresidentinto concealeda weaponreciprocal oragreement concealedwith firearm license holders from states that honorstate. Illinois concealed weapon or concealed firearm licenses.
Those states with substantially similar laws include, but are not limited to:
Arizona, California, Florida, Iowa, Kentucky, Michigan, Minnesota, Missouri, New Mexico, Ohio, Tennessee, Texas, and Wisconsin.
(3) If the resident of another state who is the holder of a valid license to carry a concealed weapon or concealed firearm issued in another state establishes legal residence in this StateState, the license shall remain in effect for 90 days following the date on which the holder of the license establishes legal HB0997 Engrossed - 20 - LRB098 04070 RLC 34093 b residence in this State.
HB0997 - 17 - LRB098 04070 RLC 34093 b Section 70.
(1) Any building or parking lot area under control of the General Assembly or any of its support service agencies, including the portion of a building in which a committee of the General Assembly convenes for the purpose of conducting meetings of committees, joint committees, or legislative commissions;
(2) Any courthousecourthouse, or part of that buildingbuilding, or parking lot area that is occupied by the Circuit, Appellate, or Supreme Court, or a room designated for court proceedings by any of these courts, except as provided in subsection (a-5).
(4) Any building or parking lot area under the control HB0997 Engrossed - 21 - LRB098 04070 RLC 34093 b of an establishment licensed to dispense alcoholic beverages for consumption on the premises if less than 50% of its annual gross income comes from the sale of food.
(7) Any elementarybuilding, real property, or secondaryparking schoollot buildingarea HB0997under -the 18control -of LRB098an 04070elementary RLCor 34093secondary bschool building without the consent of school authorities.
(8) Any portion of a building used asas, or parking lot area under the control of, a child care facility without the consent of the owner or manager.
(9) Any building or parking lot area under the control of a casino licensed under the Riverboat Gambling Act.
(10) Any gated area ofof, or parking lot area under the control of, an amusement park.
(11) Any stadium,stadium or arena, or parking lot area under HB0997 Engrossed - 22 - LRB098 04070 RLC 34093 b the control of the stadium or arena, and any collegiate or professional sporting event.
(12) A building or parking lot area under the control of a residential mental health facility.
(13) Any community college, college, or university buildingbuilding, or real property or parking lot area under the control of a community college, college, or university, without consent of the school authorities.
(14) A public library buildingbuilding, or parking lot area of a public library, without the written consent of the library's governing body.
HB0997(15) -Any 19police, -sheriff, LRB098or 04070State RLCPolice 34093office, bstation, (15)or Anyparking police,lot sheriff,area orunder Statethe Policecontrol officeof police, sheriff, or stationState Police, without the consent of the chief law enforcement officer in charge of that office or station.
(16) Any adult or juvenile detention or correctional institution, prison, or jail, or parking lot area under the control of an adult or juvenile detention or correctional institution, prison, or jail.
(a-5)(17) Judges,Any State'sproperty Attorneys(including, andbut assistantnot State'slimited Attorneysto, withany theHB0997 permissionEngrossed of- the23 State's- Attorney,LRB098 who04070 possessRLC a34093 validb licensestreet, underdriveway, thisor Actparking maylot), possessbuilding, aor firearmfacility inowned, anyleased, courthousecontrolled, inor whichused theyby area employed,nuclear butenergy, shallstorage, beweapons, requiredor todevelopment followsite anyor rulesfacility applicableregulated toby swornthe peacefederal officersNuclear toRegulatory maintainCommission. facility security.
(b)(a-5) AJudges, municipalityand State's Attorneys or schoolassistant districtState's mayAttorneys prohibitwith orthe limitpermission licenseesof fromthe carryingState's aAttorney, firearmwho intopossess ora withinvalid anylicense buildingunder orthis portionAct ofmay anypossess buildinga owned,firearm leased,in orany controlledcourthouse byin thewhich municipalitythey orare schoolemployed, districtbut byshall abe majorityrequired voteto offollow theany membersrules ofapplicable itsto legislativesworn bodypeace orofficers governingto board.maintain facility security.
(b) A municipality, county, or school district may prohibit or limit licensees from carrying a firearm into or within any building or portion of any building owned, leased, or controlled by the municipality, county, or school district by a majority vote of the members of its legislative body or governing board.
The resolution, ordinance, or policy shall not prohibit a licensee from carrying a concealed firearm in a public transportation facility or while accessing the services of a public transportation agency, including while traveling via public HB0997 Engrossed - 2024 - LRB098 04070 RLC 34093 b transportation agency, including while traveling via public transportation.
However, a private landlord of a residential or commercial property shall not prohibit any lessee from possessing or carrying a firearm in accordance with this Act in or on the leased premises or during ingress to or egress offrom the leased premises.
The owner, business or commercial lessee, or manager of a private business enterprise or any other private organization, entity, or person who allows the carrying of a firearm by a licensee shall not be liable for any act of the licensee that arises out of the licensee carrying a firearm.
(d) Any person licensed under this Act who is prohibited HB0997 - 21 - LRB098 04070 RLC 34093 b from carrying a concealed firearm into a building by the provisions of subsection (a) or under an ordinance, resolution, or policy adopted in accordance with subsection (b) or (c) shall be permitted to store that firearm or ammunition out of plain sight in his or her locked vehicle or in a locked HB0997 Engrossed - 25 - LRB098 04070 RLC 34093 b compartment or container within or securely affixed to the outside of the vehicle.
A licensee shall not be in violation of this Section while he or she is traversing a public right of way that touches or crosses any of the premises specified in subsection (a) or from which firearms are prohibited under the provisions of subsection (b) or (c), provided that the firearm is carried on his or her person or in a vehicle in accordance with this Act or is being transported in a case or container in accordance with applicable law.
(e) If a law enforcement officer initiates an investigative stop, including but not limited to a traffic stop, of a licensee who is carrying a concealed firearm,firearm under the provisions of this Act, the licensee shall disclose as soon as reasonably possible to the officer that he or she is in possession of a concealed firearm under this Act.
HB0997Any -firearm 22that -is LRB098removed 04070from RLCa 34093licensee bduring (f)an Ainvestigative licenseestop shall notbe carryreturned aimmediately handgunto whilethe underlicensee thein influenceits original condition upon conclusion of illegalthe drugsstop orunless hallucinogenicthe drugslicensee oris alcohol.placed under arrest.
(f) A licensee shall not carry a handgun under the HB0997 Engrossed - 26 - LRB098 04070 RLC 34093 b provisions of this Act while under the influence of illegal drugs or hallucinogenic drugs or alcohol.
Signs shall be of a uniform size and design, not smaller than 68 inches by 610 inches as prescribed by the Department.
(h) A violation of subsection (a), (b), (c), (d), (e), or (f) is a pettyClass offense.B misdemeanor.
A willful violation of subsection (a), (b), (c), (d), or (f) is a Class BA misdemeanor.
The(i) courtA may require a licensee to pay a $50 fee, in addition to any other fees or court costs, for a violation of subsection (e) whichis shalla beClass depositedB intomisdemeanor; the Citizen Safety and Self-Defense Trust Fund.
(i)the Thelicensee Department may suspendbe afined license for up to 30$200 daysplus forcosts plus a second$50 violationfee of subsection (a), (b), (c), (d), or (f) or up to 90be daysdeposited: for a willful violation of subsection (a), (b), (c), (d), or (f).
The$35 Departmentinto maythe permanentlyState revokePolice aFirearm licenseServices forFund 3and or$15 moreinto violationsthe ofMental thisHealth Section.Services Fund.
The office of HB0997 - 23 - LRB098 04070 RLC 34093 b the county sheriff, or any employee or agent of the county sheriff, or the Department of State Police shall not be liable for damages in any civil action arising from alleged wrongful or improper granting, renewing, or failure to revoke licenses issued under this Act, except for willful or wanton misconduct.
HB0997 Engrossed - 27 - LRB098 04070 RLC 34093 b The office of the county sheriff and any employees or agents shall not be liable for submitting specific or articulable reasons why an applicant should be denied a license, unless the objection contains false, malicious, or inaccurate information and the objection constitutedconstitutes willful and wanton misconduct.
(a) Fees collected under this Act by the Department and deposited into the CitizenState SafetyPolice andFirearm Self-DefenseServices Trust Fund shall be appropriated for administration of this Act.
(b) Fees shall be:be those set in subsection (c) of Section 20:
$25.$100.
$25.$35.
$15.$35.
HB0997 - 24 - LRB098 04070 RLC 34093 b Corrected license due to change of address or name:
$15.$35.
(c) By March 1 of each year, the Department shall submit a statistical report to the Governor, the President of the Senate, and the Speaker of the House of Representatives HB0997 Engrossed - 28 - LRB098 04070 RLC 34093 b indicating the number of licenses issued, revoked, suspended, denied, and issued after appeal since the last report and in total and also the number of licenses currently valid.
(d) The Secretary of State shall conduct a study to determine the cost and feasibility of creating a method of adding an identifiable code, background, or other means to show that an individual has been issued a license by the Department on the person's driver's license.license or State-issued identification card.
(a) Applicants shall provide proof of completion of a firearms training course of at least one8 ofhours thethat followingcovers courses:the following:
(1) NRAhandgun Basicsafety Personalin Protectionthe Inclassroom, Theat Homehome, Course.on the firing range, and while carrying the firearm;
(2) NRAthe Basicsbasic principles of Personalmarksmanship; Protection Outside The Home Course.
(3) NRAcare Basicand Pistolcleaning Shootingof Course.handguns;
and (4) Anylaws otherrelating firearmsto trainingthe coursejustifiable use of atforce. least 4 hours that covers the following:
(A) handgun safety in the classroom, at home, on HB0997 - 25 - LRB098 04070 RLC 34093 b the firing range, and while carrying the firearm;
(B) the basic principles of marksmanship;
(C) care and cleaning of handguns;
(D) laws relating to the justifiable use of force.
and HB0997 Engrossed - 29 - LRB098 04070 RLC 34093 b (2) 2010 rounds from a distance of 5 yards, 10 rounds from a distance of 7 yardsyards, and 10 rounds from a distance of 1510 yards at a B-21B-27 silhouette or equivalent target as approved by the Department.
(b-5) Students shallmay provide their own safe, functional handgunhandgun. and factory-loaded ammunition.
The qualification shall be performed with factory-loaded ammunition.
HB0997 - 26 - LRB098 04070 RLC 34093 b (d) ApplicantInstructors training courses shall notmaintain beall openrecords tofor anyonestudents' underperformance thefor agenot of 16 and no certificate of completion shall be issued to persons less than 205 yearsyears. of age.
(e) InstructorsCertified shallfirearms maintaininstructors allshall: records for students' performance for not less than 5 years.
(f) Certified firearms instructors shall:
(2) make all course records available upon demand to HB0997 Engrossed - 30 - LRB098 04070 RLC 34093 b authorized personnel of the Department;
(g)(f) Fees for applicant training courses shall be set by the instructor.
(h)(g) An applicant training course shall not have more than 40 students in the classroom portion nor more than 5 students per range officer engaged in range firing.
(i)(h) Persons with the following training or certifications are exempt from the requirements of subsection (a) of this Section:
(1) An NRAindividual certifiedwho instructor.has qualified to carry a firearm as a retired or active law enforcement officer.
(2) AnAny individualactive, whoretired, hasor qualifiedhonorably todischarged carrymember aof firearmthe asarmed aforces. retired law enforcement officer.
(3) AnyAn active,individual retired,certified oras honorablya dischargedlaw memberenforcement ofinstructor by the armedIllinois forcesLaw whoEnforcement heldTraining aStandards combatBoard relatedor militaryother occupationequivalent specialtyagency. (MOS).
HB0997 - 27 - LRB098 04070 RLC 34093 b (4) An individual certifiedeligible asto ateach lawcourses enforcementand instructorcertify byrange thequalifications Illinoisunder Lawsubsection Enforcement(b) Trainingof StandardsSection Board90. or other equivalent agency.
(a) Not later than 30 days after the effective date of this Act, the Department shall establish a registry of instructors who are eligible to teach courses or sign off on range qualifications, or both, to meet the requirements of Section 85 HB0997 Engrossed - 31 - LRB098 04070 RLC 34093 b of this Act.
(1) NationalCertification Riflefrom Associationany Personalentity Protectionthat Instructor;offers education and training in firearms use and safety;
(2) NationalCertification Riflefrom Associationa Pistollaw Marksmanshipenforcement Instructor;agency that offers education and training in firearms use and safety;
(3) NationalCertification Riflefrom Associationa Lawfirearms Enforcementinstructor's Firearmcourse Instructoroffered withby a certificationState foror handguns;federal governmental agency;
or (4) Certification from a firearms instructor'sinstructor qualifying course offeredapproved by athe StateIllinois orLaw federalEnforcement governmentalTraining agency;Standards Board.
or(c) (5)Instructors Awho similarare firearmseligible instructorto qualifyingteach coursecourses approvedand bycertify therange Illinoisqualifications Lawshall Enforcementbe Trainingat Standardsleast Board.21 years of age and possess at least a high school diploma or GED certificate.
(c) Instructors who are eligible to teach courses and certify range qualifications shall be at least 21 years of age HB0997 - 28 - LRB098 04070 RLC 34093 b and possess at least a high school diploma or GED certificate.
Preemption.Home rule preemption.
ItThe isregulation declaredand toHB0997 beEngrossed the- policy32 of- thisLRB098 State04070 thatRLC it34093 isb anlicensing exclusive power and function of thefirearms, Stateincluding totheir regulate the possession, carrying, andtransportation, transportationor of handguns and the issuance of licenses to carry a concealed firearm.firearms, is an exclusive power and function of the State.
Except as provided in subsection (b) of Section 70, a home rule unit shall not regulate the possession, carrying, or transportation of handguns.firearms, their components or accessories, or ammunition by a person licensed under this Act.
A home rule unit shall not require registration of firearms, regulate the number of handgunsfirearms, or requiremake registrationany ofother handgunsrequirements possessedor byregulations of a person licensed under this Act.
This Section is a deniallimitation of home rule powers and functions under subsection (i) of Section 6 of Article VII of the Illinois Constitution.Constitution on the exercise by home rule units of powers and functions exercised by the State.
In addition to any other awards of fees, damages, or penalties, the unit of local government shall also be liable for not less than $10,000 per incident per day in HB0997 - 29 - LRB098 04070 RLC 34093 b punitive damages to each individual affected.
HB0997 Engrossed - 33 - LRB098 04070 RLC 34093 b Section 105.
Section 900.110.
HB0997 - 30 - LRB098 04070 RLC 34093 b (c) Applications, related documents, and medical records received by the Experimental Organ Transplantation Procedures Board and any and all documents or other records prepared by the Experimental Organ Transplantation Procedures Board or its staff relating to applications it has received.
(e) Information the disclosure of which is exempted under HB0997 Engrossed - 34 - LRB098 04070 RLC 34093 b Section 30 of the Radon Industry Licensing Act.
HB0997 - 31 - LRB098 04070 RLC 34093 b (j) Information and data concerning the distribution of surcharge moneys collected and remitted by wireless carriers under the Wireless Emergency Telephone Safety Act.
HB0997 Engrossed - 35 - LRB098 04070 RLC 34093 b (m) Information provided to the predatory lending database created pursuant to Article 3 of the Residential Real Property Disclosure Act, except to the extent authorized under that Article.
(p) Security portions of system safety program plans, HB0997 - 32 - LRB098 04070 RLC 34093 b investigation reports, surveys, schedules, lists, data, or information compiled, collected, or prepared by or for the Regional Transportation Authority under Section 2.11 of the Regional Transportation Authority Act or the St.
HB0997 Engrossed - 36 - LRB098 04070 RLC 34093 b (t) All identified or deidentified health information in the form of health data or medical records contained in, stored in, submitted to, transferred by, or released from the Illinois Health Information Exchange, and identified or deidentified health information in the form of health data and medical records of the Illinois Health Information Exchange in the possession of the Illinois Health Information Exchange Authority due to its administration of the Illinois Health Information Exchange.
HB0997 - 33 - LRB098 04070 RLC 34093 b (v) Names and information of people who have applied for or received Firearm Owner's Identification Cards under the Firearm Owners Identification Card Act.
(y) Information maintained by the Department of State Police in accordance with subsection (a) of Section 35 of the FamilyHB0997 andEngrossed Personal- Protection37 - LRB098 04070 RLC 34093 b Illinois Concealed Carry Act, except as authorized by that Act.
1-1-13.) Section 905.115.
The Department of State FinancePolice ActLaw of the Civil Administrative Code of Illinois is amended by addingchanging SectionSections 5.8262605-45 and 2605-300 as follows:
(20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5) Sec.
2605-45.
Division of Administration.
The Division of Administration shall exercise the following functions:
(1) Exercise the rights, powers, and duties vested in the Department by the Governor's Office of Management and Budget Act.
(2) Pursue research and the publication of studies pertaining to local law enforcement activities.
(3) Exercise the rights, powers, and duties vested in the Department by the Personnel Code.
(4) Operate an electronic data processing and computer center for the storage and retrieval of data pertaining to criminal activity.
(5) Exercise the rights, powers, and duties vested in the former Division of State Troopers by Section 17 of the State Police Act.
HB0997 Engrossed - 38 - LRB098 04070 RLC 34093 b (6) Exercise the rights, powers, and duties vested in the Department by "An Act relating to internal auditing in State government", approved August 11, 1967 (repealed;
now the Fiscal Control and Internal Auditing Act, 30 ILCS 10/).
(6.5) Exercise the rights, powers, and duties vested in the Department by the Firearm Owners Identification Card Act.
(6.10) Exercise the rights, powers, and duties vested in the Department by the Illinois Concealed Carry Act.
(7) Exercise other duties that may be assigned by the Director to fulfill the responsibilities and achieve the purposes of the Department.
(Source:
P.A.
94-793, eff.
5-19-06.) (20 ILCS 2605/2605-300) (was 20 ILCS 2605/55a in part) Sec.
2605-300.
Records;
crime laboratories;
personnel.
To do the following:
(1) Be a central repository and custodian of criminal statistics for the State.
(2) Be a central repository for criminal history record information.
(3) Procure and file for record information that is necessary and helpful to plan programs of crime prevention, law enforcement, and criminal justice.
(4) Procure and file for record copies of fingerprints that may be required by law.
HB0997 Engrossed - 39 - LRB098 04070 RLC 34093 b (5) Establish general and field crime laboratories.
(6) Register and file for record information that may be required by law for the issuance of firearm owner's identification cards under the Firearm Owners Identification Card Act and concealed carry licenses under the Illinois Concealed Carry Act.
(7) Employ polygraph operators, laboratory technicians, and other specially qualified persons to aid in the identification of criminal activity.
(8) Undertake other identification, information, laboratory, statistical, or registration activities that may be required by law.
(Source:
P.A.
90-18, eff.
7-1-97;
90-130, eff.
1-1-98;
90-372, eff.
7-1-98;
90-590, eff.
1-1-00;
90-655, eff.
7-30-98;
90-793, eff.
8-14-98;
91-239, eff.
1-1-00.) Section 120.
The State Police Act is amended by adding Section 25 as follows:
(20 ILCS 2610/25 new) Sec.
25.
Emergency procurement authorized.
In order to comply with recent court rulings regarding concealed carry in Illinois, the provisions of this amendatory Act of the 98th General Assembly, together with any procurements necessary for the implementation of the Illinois Concealed Carry Act, shall be eligible for emergency procurement for a period not more HB0997 Engrossed - 40 - LRB098 04070 RLC 34093 b than 180 days after the effective date of this amendatory Act.
Section 125.
The State Finance Act is amended by adding Sections 5.826 and 5.827 as follows:
The CitizenMental SafetyHealth andReporting Self-Defense Trust Fund.
Section(30 910.ILCS 105/5.827 new) Sec.
The5.827. Criminal Code of 2012 is amended by changing Sections 21-6, 24-1, 24-1.6, and 24-2 as follows:
HB0997The -State 34Police -Firearm LRB098Services 04070Fund. RLC 34093 b (720 ILCS 5/21-6) (from Ch.
(30 ILCS 105/5.206 rep.) Section 130.
The State Finance Act is amended by repealing Section 5.206.
Section 135.
The Firearm Owners Identification Card Act is amended by changing Sections 5 and 13.2 and by adding Section 5.1 as follows:
(430 ILCS 65/5) (from Ch.
83-5) Sec.
5.
The Department of State Police shall either approve or deny all applications within 30 days from the date they are received, and every applicant found qualified pursuant to Section 8 of this Act by the Department shall be entitled to a Firearm Owner's Identification Card upon the payment of a $10 fee.
Any applicant who is an active duty member of the Armed HB0997 Engrossed - 41 - LRB098 04070 RLC 34093 b Forces of the United States, a member of the Illinois National Guard, or a member of the Reserve Forces of the United States is exempt from the application fee.
$6 of each fee derived from the issuance of Firearm Owner's Identification Cards, or renewals thereof, shall be deposited in the Wildlife and Fish Fund in the State Treasury;
$1 of such fee shall be deposited in the State Police Services Fund and $3 of such fee shall be deposited in the State Police Firearm Services Fund Firearm Owner's Notification Fund.
Monies in the State Police Firearm Services Fund Firearm Owner's Notification Fund shall be used exclusively to pay for the cost of sending notices of expiration of Firearm Owner's Identification Cards under Section 13.2 of this Act, and the purposes specified in Section 2605-595 of the Department of State Police Law of the Civil Administrative Code of Illinois.
Excess monies in the Firearm Owner's Notification Fund shall be used to ensure the prompt and efficient processing of applications received under Section 4 of this Act.
(Source:
P.A.
95-581, eff.
6-1-08;
96-91, eff.
7-27-09.) (430 ILCS 65/5.1 new) Sec.
5.1.
State Police Firearm Services Fund.
All moneys remaining in the Firearm Owner's Notification Fund on the effective date of this amendatory Act of the 98th General Assembly shall be transferred into the State Police Firearm Services Fund, a special fund in the State treasury, to be HB0997 Engrossed - 42 - LRB098 04070 RLC 34093 b expended by the Department of State Police, for the purposes specified in Section 5.
(430 ILCS 65/13.2) (from Ch.
38, par.
83-13.2) Sec.
13.2.
The Department of State Police shall, 60 days prior to the expiration of a Firearm Owner's Identification Card, forward by first class mail to each person whose card is to expire a notification of the expiration of the card and an application which may be used to apply for renewal of the card.
It is the obligation of the holder of a Firearm Owner's Identification Card to notify the Department of State Police of any address change since the issuance of the Firearm Owner's Identification Card.
Whenever any person moves from the residence address named on his or her card, the person shall within 21 calendar days thereafter notify in a form and manner prescribed by the Department of his or her old and new residence addresses and the card number held by him or her.
Any person whose legal name has changed from the name on the card that he or she has been previously issued must apply for a corrected card within 30 calendar days after the change.
The cost for a corrected card shall be $5 which shall be deposited into the State Police Firearm Services Fund Firearm Owner's Notification Fund.
(Source:
P.A.
97-1131, eff.
1-1-13.) Section 140.
The Criminal Code of 2012 is amended by HB0997 Engrossed - 43 - LRB098 04070 RLC 34093 b changing Sections 21-6, 24-1, 24-1.6, and 24-2 as follows:
(720 ILCS 5/21-6) (from Ch.
38, par.
(c) This Section shall not apply to a person acting lawfully under the FamilyIllinois andConcealed PersonalCarry Protection Act.
(1) Sells, manufactures, purchases, possesses or carries any bludgeon, black-jack, slung-shot, sand-club, sand-bag, metal knuckles or other knuckle weapon regardless of its composition, throwing star, or any knife, HB0997 Engrossed - 44 - LRB098 04070 RLC 34093 b commonly referred to as a switchblade knife, which has a HB0997 - 35 - LRB098 04070 RLC 34093 b blade that opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife, or a ballistic knife, which is a device that propels a knifelike blade as a projectile by means of a coil spring, elastic material or compressed gas;
HB0997 Engrossed - 45 - LRB098 04070 RLC 34093 b (i) are broken down in a non-functioning state;
or HB0997 - 36 - LRB098 04070 RLC 34093 b (ii) are not immediately accessible;
or (iii) are unloaded and enclosed in a case, firearm carrying box, shipping box, or other container by a person who is not otherwise prohibited from owning or possessing a firearm under State or federal law has been issued a currently valid Firearm Owner's Identification Card;
HB0997 Engrossed - 46 - LRB098 04070 RLC 34093 b (ii) any rifle having one or more barrels less than 16 inches in length or a shotgun having one or more HB0997 - 37 - LRB098 04070 RLC 34093 b barrels less than 18 inches in length or any weapon made from a rifle or shotgun, whether by alteration, modification, or otherwise, if such a weapon as modified has an overall length of less than 26 inches;
This subsection (a)(8) does not apply to any auction or raffle of a firearm held pursuant to a license or permit issued by a governmental body, nor does it apply to persons engaged in firearm safety training courses;courses or acting in accordance with the Illinois Concealed Carry Act;
or (9) Carries or possesses in a vehicle or on or about HB0997 Engrossed - 47 - LRB098 04070 RLC 34093 b his person any pistol, revolver, stun gun or taser or firearm or ballistic knife, when he is hooded, robed or masked in such manner as to conceal his identity;
or HB0997 - 38 - LRB098 04070 RLC 34093 b (10) Carries or possesses on or about his person, upon any public street, alley, or other public lands within the corporate limits of a city, village or incorporated town, except when an invitee thereon or therein, for the purpose of the display of such weapon or the lawful commerce in weapons, or except when on his land or in his own abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission, any pistol, revolver, stun gun or taser or other firearm, except that this subsection (a) (10) does not apply to or affect transportation of weapons that meet one of the following conditions:
or (iii) are unloaded and enclosed in a case, firearm carrying box, shipping box, or other container by a person who is not otherwise prohibited from owning or possessing a firearm under State or federal law has been issued a currently valid Firearm Owner's Identification Card.
A "stun gun or taser", as used in this paragraph (a) means (i) any device which is powered by electrical charging units, such as, batteries, and which fires one or HB0997 Engrossed - 48 - LRB098 04070 RLC 34093 b several barbs attached to a length of wire and which, upon hitting a human, can send out a current capable of disrupting the person's nervous system in such a manner as to render him incapable of normal functioning or (ii) any HB0997 - 39 - LRB098 04070 RLC 34093 b device which is powered by electrical charging units, such as batteries, and which, upon contact with a human or clothing worn by a human, can send out current capable of disrupting the person's nervous system in such a manner as to render him incapable of normal functioning;
For the purposes of this Section, "billy club" means a short stick or club commonly carried by police officers HB0997 Engrossed - 49 - LRB098 04070 RLC 34093 b which is either telescopic or constructed of a solid piece of wood or other man-made material.
A person convicted of a violation of subsection 24-1(a)(1) through (5), subsection 24-1(a)(10), HB0997 - 40 - LRB098 04070 RLC 34093 b subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a Class A misdemeanor.
A person convicted of a violation subsection 24-1(a)(4) or 24-1(a)(10) who is otherwise eligible to obtain a license under the Family and Personal Protection Act except for the completion of Section 85 of the Act is guilty of a petty offense.
(1) A person who violates subsection 24-1(a)(6) or 24-1(a)(7) in any school, regardless of the time of day or the time of year, in residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income HB0997 Engrossed - 4150 - LRB098 04070 RLC 34093 b development, in a public park, in a courthouse, on the real property comprising any school, regardless of the time of day or the time of year, on residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development, on the real property comprising any public park, on the real property comprising any courthouse, in any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, in any conveyance owned, leased, or contracted by a public transportation agency, or on any public way within 1,000 feet of the real property comprising any school, public park, courthouse, public transportation facility, or residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development commits a Class 2 felony and shall be sentenced to a term of imprisonment of not less than 3 years and not more than 7 years.
(1.5) A person who violates subsection 24-1(a)(4), 24-1(a)(9), or 24-1(a)(10) in any school, regardless of the time of day or the time of year, in residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development, in a public park, in a courthouse, on the real property comprising any school, HB0997 Engrossed - 4251 - LRB098 04070 RLC 34093 b regardless of the time of day or the time of year, on residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development, on the real property comprising any public park, on the real property comprising any courthouse, in any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity, in any conveyance owned, leased, or contracted by a public transportation agency, or on any public way within 1,000 feet of the real property comprising any school, public park, courthouse, public transportation facility, or residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development commits a Class 3 felony.
(2) A person who violates subsection 24-1(a)(1), 24-1(a)(2), or 24-1(a)(3) in any school, regardless of the time of day or the time of year, in residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development, in a public park, in a courthouse, on the real property comprising any school, regardless of the time of day or the time of year, on residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part HB0997 Engrossed - 4352 - LRB098 04070 RLC 34093 b of a scattered site or mixed-income development, on the real property comprising any public park, on the real property comprising any courthouse, in any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, in any conveyance owned, leased, or contracted by a public transportation agency, or on any public way within 1,000 feet of the real property comprising any school, public park, courthouse, public transportation facility, or residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development commits a Class 4 felony.
(4) For the purposes of this subsection (c), "school" means any public or private elementary or secondary school, HB0997 Engrossed - 4453 - LRB098 04070 RLC 34093 b community college, college, or university.
HB0997 Engrossed - 4554 - LRB098 04070 RLC 34093 b 95-885, eff.
HB0997 Engrossed - 4655 - LRB098 04070 RLC 34093 b (A) the firearm possessed was uncased, loaded and immediately accessible at the time of the offense;
or HB0997 Engrossed - 4756 - LRB098 04070 RLC 34093 b (I) the person possessing the weapon was under 21 years of age and in possession of a handgun as defined in Section 24-3, unless the person under 21 is engaged in lawful activities under the Wildlife Code or described in subsection 24-2(b)(1), (b)(3), or 24-2(f).
or (iii) are unloaded and enclosed in a case, firearm carrying box, shipping box, or other container by a person who is not prohibited from owning or possessing a firearm under State or federal law by a person who has been issued a currently valid Firearm Owner's Identification Card.
(2) Except as otherwise provided in paragraphs (3) and (4) of this subsection (d), a first offense of aggravated HB0997 Engrossed - 57 - LRB098 04070 RLC 34093 b unlawful use of a weapon committed with a firearm by a person 18 years of age or older where the factors listed in HB0997 - 48 - LRB098 04070 RLC 34093 b both items (A) and (C) of paragraph (3) of subsection (a) are present is a Class 4 felony, for which the person shall be sentenced to a term of imprisonment of not less than one year and not more than 3 years.
(a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and 24-1(a)(13) and Section 24-1.6 do not apply to or affect any of HB0997 Engrossed - 58 - LRB098 04070 RLC 34093 b the following:
(1) Peace officers, and any person summoned by a peace HB0997 - 49 - LRB098 04070 RLC 34093 b officer to assist in making arrests or preserving the peace, while actually engaged in assisting such officer.
(5) Persons licensed as private security contractors, private detectives, or private alarm contractors, or employed by an agency certified by the Department of Financial and Professional Regulation, if their duties include the carrying of a weapon under the provisions of the Private Detective, Private Alarm, Private Security, HB0997 Engrossed - 59 - LRB098 04070 RLC 34093 b Fingerprint Vendor, and Locksmith Act of 2004, while actually engaged in the performance of the duties of their HB0997 - 50 - LRB098 04070 RLC 34093 b employment or commuting between their homes and places of employment, provided that such commuting is accomplished within one hour from departure from home or place of employment, as the case may be.
(6) Any person regularly employed in a commercial or industrial operation as a security guard for the protection of persons employed and private property related to such commercial or industrial operation, while actually engaged HB0997 Engrossed - 60 - LRB098 04070 RLC 34093 b in the performance of his or her duty or traveling between sites or properties belonging to the employer, and who, as HB0997 - 51 - LRB098 04070 RLC 34093 b a security guard, is a member of a security force of at least 5 persons registered with the Department of Financial and Professional Regulation;
(7) Agents and investigators of the Illinois Legislative Investigating Commission authorized by the Commission to carry the weapons specified in subsections HB0997 Engrossed - 61 - LRB098 04070 RLC 34093 b 24-1(a)(3) and 24-1(a)(4), while on duty in the course of any investigation for the Commission.
HB0997 - 52 - LRB098 04070 RLC 34093 b (8) Persons employed by a financial institution for the protection of other employees and property related to such financial institution, while actually engaged in the performance of their duties, commuting between their homes and places of employment, or traveling between sites or properties owned or operated by such financial institution, provided that any person so employed has successfully completed a course of study, approved by and supervised by the Department of Financial and Professional Regulation, consisting of not less than 40 hours of training which includes theory of law enforcement, liability for acts, and the handling of weapons.
HB0997 Engrossed - 62 - LRB098 04070 RLC 34093 b For purposes of this subsection, "financial institution" means a bank, savings and loan association, credit union or HB0997 - 53 - LRB098 04070 RLC 34093 b company providing armored car services.
(13.5) A person employed as an armed security guard at a nuclear energy, storage, weapons or development site or HB0997 Engrossed - 63 - LRB098 04070 RLC 34093 b facility regulated by the Nuclear Regulatory Commission who has completed the background screening and training HB0997 - 54 - LRB098 04070 RLC 34093 b mandated by the rules and regulations of the Nuclear Regulatory Commission.
(6) A licensee under the FamilyIllinois andConcealed PersonalCarry Protection Act, HB0997 Engrossed - 64 - LRB098 04070 RLC 34093 b notwithstanding Section 70 of that Act, if the licensee meets the requirements of thethat Family and Personal HB0997 - 55 - LRB098 04070 RLC 34093 b Protection Act.
This exemption does not authorize the general private HB0997 Engrossed - 65 - LRB098 04070 RLC 34093 b possession of any weapon from which 8 or more shots or HB0997 - 56 - LRB098 04070 RLC 34093 b bullets can be discharged by a single function of the firing device, but only such possession and activities as are within the lawful scope of a licensed manufacturing business described in this paragraph.
During transportation, any such weapon shall be broken down in a non-functioning state, or not immediately HB0997 Engrossed - 5766 - LRB098 04070 RLC 34093 b down in a non-functioning state, or not immediately accessible.
(e) Subsection 24-1(a)(8) does not apply to any owner, manager or authorized employee of any place specified in that subsection nor to any law enforcement officer or a licensee under the FamilyIllinois andConcealed PersonalCarry Protection Act, notwithstanding Section 70 of that Act.
(f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and Section 24-1.6 do not apply to members of any club or organization organized for the purpose of practicing shooting HB0997 Engrossed - 5867 - LRB098 04070 RLC 34093 b organization organized for the purpose of practicing shooting at targets upon established target ranges, whether public or private, while using their firearms on those target ranges.
(g-5) Subsection 24-1(a)(6) does not apply to or affect persons licensed under federal law to manufacture any device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm, firearms, or ammunition forHB0997 thoseEngrossed firearms- equipped68 with- thoseLRB098 devices,04070 andRLC actually34093 HB0997b -for 59those -firearms LRB098equipped 04070with RLCthose 34093devices, band actually engaged in the business of manufacturing those devices, firearms, or ammunition, but only with respect to activities that are within the lawful scope of that business, such as the manufacture, transportation, or testing of those devices, firearms, or ammunition.
(g-10) Subsections 24-1(a)(4), 24-1(a)(8), and HB0997 Engrossed - 6069 - LRB098 04070 RLC 34093 b (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an athlete's possession, transport on official Olympic and Paralympic transit systems established for athletes, or use of competition firearms sanctioned by the International Olympic Committee, the International Paralympic Committee, the International Shooting Sport Federation, or USA Shooting in connection with such athlete's training for and participation in shooting competitions at the 2016 Olympic and Paralympic Games and sanctioned test events leading up to the 2016 Olympic and Paralympic Games.
and nothing in this Article shall prohibit, apply to, or affect the transportation, carrying, or possession of any pistol, revolver, stun gun, taser, or other firearm, not the subject of and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of HB0997 Engrossed - 70 - LRB098 04070 RLC 34093 b this Article, which is unloaded and enclosed in a case, firearm HB0997 - 61 - LRB098 04070 RLC 34093 b carrying box, shipping box, or other container, by the possessor of a valid Firearm Owners Identification Card.
revised 8-23-12.) Section 999.
Effective date.
This Act takes effect upon becoming law.
HB0997 - 62 - LRB098 04070 RLC 34093 b INDEX Statutes amended in order of appearance New Act 5 ILCS 140/7.5 30 ILCS 105/5.826 new 720 ILCS 5/21-6 from Ch.
38, par.
21-6 720 ILCS 5/24-1 from Ch.
38, par.
24-1 720 ILCS 5/24-1.6 720 ILCS 5/24-2
Show all 341 changed rows (301 more)
Action History
-
Session Sine Die
-
Rule 19(a) / Re-referred to Rules Committee
-
Added Co-Sponsor Rep. Kay Hatcher
-
Placed on Calendar - Consideration Postponed
-
Third Reading - Consideration Postponed
-
Added Co-Sponsor Rep. Jack D. Franks
-
Placed on Calendar Order of 3rd Reading - Short Debate
-
House Floor Amendment No. 9 Adopted
-
House Floor Amendment No. 8 Withdrawn by Rep. Lou Lang
-
House Floor Amendment No. 7 Withdrawn by Rep. Barbara Flynn Currie
-
House Floor Amendment No. 6 Withdrawn by Rep. Michael J. Zalewski
-
House Floor Amendment No. 5 Withdrawn by Rep. Barbara Flynn Currie
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House Floor Amendment No. 4 Withdrawn by Rep. Michael J. Zalewski
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House Floor Amendment No. 3 Withdrawn by Rep. Naomi D. Jakobsson
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House Floor Amendment No. 2 Withdrawn by Rep. Michael J. Zalewski
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House Floor Amendment No. 1 Withdrawn by Rep. Barbara Flynn Currie
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Second Reading - Short Debate
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House Floor Amendment No. 10 Referred to Rules Committee
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House Floor Amendment No. 10 Filed with Clerk by Rep. Brandon W. Phelps
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House Floor Amendment No. 9 Recommends Be Adopted Rules Committee; 004-000-000
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House Floor Amendment No. 9 Referred to Rules Committee
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House Floor Amendment No. 9 Filed with Clerk by Rep. Brandon W. Phelps
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House Floor Amendment No. 8 Recommends Be Adopted Rules Committee; 003-001-000
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House Floor Amendment No. 7 Recommends Be Adopted Rules Committee; 003-001-000
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House Floor Amendment No. 6 Recommends Be Adopted Rules Committee; 003-001-000
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House Floor Amendment No. 5 Recommends Be Adopted Rules Committee; 003-001-000
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House Floor Amendment No. 4 Recommends Be Adopted Rules Committee; 003-001-000
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House Floor Amendment No. 3 Recommends Be Adopted Rules Committee; 003-001-000
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House Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 003-001-000
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House Floor Amendment No. 1 Recommends Be Adopted Rules Committee; 003-001-000
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Held on Calendar Order of Second Reading - Short Debate
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Second Reading - Short Debate
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House Floor Amendment No. 8 Referred to Rules Committee
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House Floor Amendment No. 8 Filed with Clerk by Rep. Lou Lang
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House Floor Amendment No. 7 Referred to Rules Committee
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House Floor Amendment No. 7 Filed with Clerk by Rep. Barbara Flynn Currie
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House Floor Amendment No. 6 Referred to Rules Committee
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House Floor Amendment No. 6 Filed with Clerk by Rep. Michael J. Zalewski
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House Floor Amendment No. 5 Referred to Rules Committee
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House Floor Amendment No. 5 Filed with Clerk by Rep. Barbara Flynn Currie
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House Floor Amendment No. 4 Referred to Rules Committee
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House Floor Amendment No. 4 Filed with Clerk by Rep. Michael J. Zalewski
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House Floor Amendment No. 3 Referred to Rules Committee
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House Floor Amendment No. 3 Filed with Clerk by Rep. Naomi D. Jakobsson
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House Floor Amendment No. 2 Referred to Rules Committee
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House Floor Amendment No. 2 Filed with Clerk by Rep. Michael J. Zalewski
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House Floor Amendment No. 1 Referred to Rules Committee
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House Floor Amendment No. 1 Filed with Clerk by Rep. Barbara Flynn Currie
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Added Co-Sponsor Rep. David Harris
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Placed on Calendar 2nd Reading - Short Debate
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Motion Discharge Committee Prevailed Judiciary; 101-015-000
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Motion Filed to Discharge Committee Judiciary; Rep. Dennis M. Reboletti
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Added Co-Sponsor Rep. Dan Brady
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Added Co-Sponsor Rep. Michael W. Tryon
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Added Co-Sponsor Rep. Dennis M. Reboletti
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Added Co-Sponsor Rep. Darlene J. Senger
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Assigned to Judiciary
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Added Co-Sponsor Rep. David McSweeney
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Added Co-Sponsor Rep. Barbara Wheeler
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Added Co-Sponsor Rep. Jeanne M Ives
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Added Co-Sponsor Rep. Donald L. Moffitt
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Added Co-Sponsor Rep. Rich Brauer
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Added Co-Sponsor Rep. Raymond Poe
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Added Co-Sponsor Rep. Ron Sandack
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Added Co-Sponsor Rep. Bill Mitchell
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Added Co-Sponsor Rep. C.D. Davidsmeyer
-
Added Co-Sponsor Rep. Charles E. Meier
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Added Co-Sponsor Rep. Chad Hays
-
Added Co-Sponsor Rep. Thomas Morrison
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Added Co-Sponsor Rep. Pam Roth
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Added Co-Sponsor Rep. Robert W. Pritchard
-
Added Co-Sponsor Rep. Jim Sacia
-
Added Co-Sponsor Rep. Keith P. Sommer
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Added Co-Sponsor Rep. David R. Leitch
-
Added Co-Sponsor Rep. Dwight Kay
-
Added Co-Sponsor Rep. Joe Sosnowski
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Added Co-Sponsor Rep. Tom Demmer
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Added Co-Sponsor Rep. Adam Brown
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Added Co-Sponsor Rep. John D. Cavaletto
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Added Co-Sponsor Rep. Linda Chapa LaVia
-
Added Co-Sponsor Rep. JoAnn D. Osmond
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Added Co-Sponsor Rep. Wayne Rosenthal
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Added Co-Sponsor Rep. David Reis
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Added Co-Sponsor Rep. Mike Bost
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Added Co-Sponsor Rep. Eddie Lee Jackson, Sr.
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Added Co-Sponsor Rep. John M. Cabello
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Added Co-Sponsor Rep. Brad E. Halbrook
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Added Co-Sponsor Rep. Josh Harms
-
Added Co-Sponsor Rep. Jil Tracy
-
Added Co-Sponsor Rep. Norine Hammond
-
Added Co-Sponsor Rep. Sue Scherer
-
Added Co-Sponsor Rep. John E. Bradley
-
Added Co-Sponsor Rep. Mike Smiddy
-
Added Co-Sponsor Rep. Michael Unes
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Added Co-Sponsor Rep. Katherine Cloonen
-
Added Chief Co-Sponsor Rep. Patrick J. Verschoore
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Added Chief Co-Sponsor Rep. Jerry F. Costello, II
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Added Chief Co-Sponsor Rep. Daniel V. Beiser
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Added Chief Co-Sponsor Rep. Ed Sullivan, Jr.
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Referred to Rules Committee
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First Reading
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Filed with the Clerk by Rep. Brandon W. Phelps
Sponsors
- Brandon W. Phelps · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 1 co-sponsors · 182 not signed on · 7 voted No
Sponsors (0)
None.
Co-sponsors (1)
- Brandon W. Phelps
Not signed on (182)
182 members have not signed on to this bill.
Show all 182 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 18 | 7 | 0 | 0 |
| Unaffiliated | 75 | 8 | 0 | 2 |
| Republican | 8 | 0 | 0 | 0 |
| Total | 101 | 15 | 0 | 2 |
| % of votes cast | 86% | 13% | 0% | 2% |
How each member voted (118)
| Member | Party | Vote |
|---|---|---|
| Acevedo | — | Nay |
| Arroyo | — | Yea |
| Beiser | — | Yea |
| Bellock | — | Yea |
| Berrios | — | Yea |
| Bost | — | Yea |
| Brauer | — | Yea |
| Brown | — | Yea |
| Conroy | — | Yea |
| Costello | — | Yea |
| McAsey | — | Nay |
| Jackson | — | Yea |
| Jakobsson | — | Yea |
| Jefferson | — | Yea |
| Lang | — | Yea |
| Leitch | — | Yea |
| Durkin | — | Yea |
| Farnham | — | Yea |
| Mautino | — | Yea |
| Bradley | — | Yea |
| McAuliffe | — | Yea |
| Brady | — | Yea |
| McSweeney | — | Yea |
| Moffitt | — | Yea |
| Burke, Daniel | — | Yea |
| Phelps | — | Yea |
| Burke, Kelly | — | Yea |
| Mitchell, Bill | — | Yea |
| Senger | — | Yea |
| Sente | — | Yea |
| Sullivan | — | Yea |
| Smiddy | — | Yea |
| Sommer | — | Yea |
| Harris, David | — | Yea |
| Tabares | — | Yea |
| Harris, Greg | — | Yea |
| Thapedi | — | Yea |
| Tryon | — | Yea |
| Turner | — | Yea |
| Unes | — | Yea |
| Verschoore | — | Yea |
| Willis | — | Yea |
| Yingling | — | Yea |
| Wheeler | — | Yea |
| Davis, Monique | — | Yea |
| Cavaletto | — | Yea |
| Cloonen | — | Yea |
| Cross | — | Yea |
| D'Amico | — | Yea |
| Flowers | — | Yea |
| Fortner | — | Yea |
| Franks | — | Yea |
| Golar | — | Yea |
| Harms | — | Yea |
| Hatcher | — | Yea |
| Hays | — | Yea |
| Hurley | — | Yea |
| Ives | — | Yea |
| Madigan | — | Yea |
| Mitchell, Christian | — | Nay |
| Hernandez | — | Nay |
| Williams | — | Nay |
| Jones | — | Not Voting |
| Mell | — | Nay |
| Nekritz | — | Nay |
| Zalewski | — | Yea |
| Currie | — | Nay |
| Demmer | — | Yea |
| Drury | — | Yea |
| Dunkin | — | Yea |
| Kay | — | Yea |
| Kosel | — | Yea |
| Osmond | — | Yea |
| Pihos | — | Yea |
| Poe | — | Yea |
| Pritchard | — | Yea |
| Reboletti | — | Yea |
| Reis | — | Yea |
| Riley | — | Yea |
| Roth | — | Yea |
| Sacia | — | Yea |
| Sandack | — | Yea |
| Schmitz | — | Not Voting |
| Soto | — | Yea |
| Chapa LaVia | — | Yea |
| Anthony DeLuca | Democrat | Yea |
| Camille Y. Lilly | Democrat | Nay |
| Elgie R. Sims, Jr. | Democrat | Yea |
| Emanuel "Chris" Welch | Democrat | Nay |
| Fred Crespo | Democrat | Yea |
| Jay Hoffman | Democrat | Yea |
| Jehan Gordon-Booth | Democrat | Yea |
| Julie A. Morrison | Democrat | Yea |
| Kelly M. Cassidy | Democrat | Nay |
| La Shawn K. Ford | Democrat | Nay |
| Laura Fine | Democrat | Yea |
| Lawrence "Larry" Walsh, Jr. | Democrat | Yea |
| Marcus C. Evans, Jr. | Democrat | Nay |
| Martin J. Moylan | Democrat | Yea |
| Michelle Mussman | Democrat | Yea |
| Natalie A. Manley | Democrat | Yea |
| Nicholas K. Smith | Democrat | Yea |
| Rita Mayfield | Democrat | Yea |
| Robert "Bob" Rita | Democrat | Yea |
| Robert F. Martwick | Democrat | Yea |
| Robyn Gabel | Democrat | Yea |
| Sara Feigenholtz | Democrat | Nay |
| Stephanie A. Kifowit | Democrat | Yea |
| Sue Scherer | Democrat | Yea |
| William "Will" Davis | Democrat | Nay |
| Brad Halbrook | Republican | Yea |
| Charles Meier | Republican | Yea |
| Christopher "C.D." Davidsmeyer | Republican | Yea |
| Jil Tracy | Republican | Yea |
| Joe C. Sosnowski | Republican | Yea |
| John M. Cabello | Republican | Yea |
| Norine K. Hammond | Republican | Yea |
| Wayne A. Rosenthal | Republican | Yea |
Subjects
Frequently asked questions
- What does HB 997 do?
- 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.
- Who sponsors HB 997?
- HB 997 is sponsored by Brandon W. Phelps.
- What is the current status of HB 997?
- This bill died with 98th Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track HB 997?
- Track HB 997 free on One Click Politics — get push/email alerts when it moves.
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