Illinois 98th Regular Session Status: Passed House

HB 997 — CONCEALED CARRY-FIREARMS

Last action — Session Sine Die

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 removed

Plain-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.

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*LRB09804070RLC34093b* HB0997 98TH GENERAL ASSEMBLY State of Illinois and 2014 HB0997 Introduced 1/29/2013, by Rep.
HB0997 Engrossed LRB098 04070 RLC 34093 b AN ACT concerning firearms.
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 Family and Personal Protection Act.
This Act may be cited as the Illinois Concealed Carry Act.
"Handgun" includes, but is not limited to, magazines, ammunition, laser sighting devices and other accessories intrinsic to a handgun carried for defensive purposes.
"License" means a license issued by the Department of State Police to carry a loaded or unloaded handgun.
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.
"Licensee" means a person issued a license to carry a concealed firearm.
Citizen Safety and Self-Defense Trust Fund.
State Police Firearm Services Fund and Mental Health Reporting Fund.
Fees from applications for licenses shall be deposited into the Citizen Safety and Self-Defense Trust Fund, a special fund that is created in the State treasury.
(a) All application fees shall be deposited into the State Police Firearm Services Fund and the Mental Health Reporting Fund.
Moneys in the Fund may be invested and any income from investments shall be deposited into the Fund.
For each new license or nonresident license, $70 shall be apportioned to the State Police Firearm Services Fund and $30 shall be apportioned to the Mental Health Reporting Fund.
Subject to appropriation, moneys in the Fund shall exclusively be used to assist the Department with the administrative costs associated with this Act.
For each renewal, duplicate, corrected or late renewal fee, $20 shall be apportioned to the State Police Firearm Services Fund and $15 shall 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.
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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 firearm.
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 who (i) meets the qualifications of Section 25;
(a) The Department shall issue a license to an applicant who:
(ii) has provided the application and documentation required in Section HB0997 - 3 - LRB098 04070 RLC 34093 b 30;
(i) meets the qualifications of Section 25 or Section 65;
(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 land or in his or her abode or legal dwelling or in the abode or legal dwelling of another person as an invitee with that person's permission;
(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 land, or in his or her abode or legal dwelling, 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, is not immediately accessible, or is enclosed in a case, firearm carrying box, shipping box, or any other container.
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 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.
(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 when carrying a handgun under the provisions of this Act.
(b) The Department shall make applications for a license HB0997 - 4 - LRB098 04070 RLC 34093 b available upon the effective date of this Act.
(b) Not more than 60 days after the effective date of this Act, the Department shall make applications for a license available upon the effective date of this Act.
Each applicant for a license shall submit a $25 application fee to the Department which shall be deposited into the Citizen Safety and Self-Defense Trust Fund.
Each applicant for a license shall submit an $100 application fee to the Department, $70 of which shall be deposited into the State Police Firearm Services Fund for use in administering the Firearm Owners Identification Act and this Act, 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 Department must be disclosed to the applicant unless disclosure would interfere with a criminal investigation.
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) Notwithstanding subsection (a), the Department may consider any objection or recommendation made by the sheriff or a municipal law enforcement agency that demonstrates the applicant is a danger to himself, herself, or others.
The Department shall maintain a database of applicants searchable by county that may be accessible by sheriffs for use in filing an objection under this subsection.
Based upon those objections, if the applicant is found by the Department to be a danger to himself, herself, or others, the Department shall deny the application and notify the applicant HB0997 - 5 - LRB098 04070 RLC 34093 b and the sheriff or the municipal law enforcement agency in writing, stating the grounds for denial.
(e) Notwithstanding subsection (a), the Department may consider any objection or recommendation made by the sheriff or a municipal law enforcement agency that demonstrates the applicant is a danger to himself or herself or others.
The notice of denial must inform the applicant that he or she may, within 30 days, appeal the denial and submit additional materials relevant to the grounds for denial.
Based upon those objections, if the applicant is found by the Department to be a danger to himself or herself or others, the Department may deny the application and notify the applicant and the 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 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.
(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 30 days of receipt of a completed application.
(g) The license shall be issued by the Department within 90 days of receipt of a completed 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-day period, 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 Department does not act on the application within the time 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.
If the court decides that the reason for the 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 state shall be able to carry a handgun in accordance with this Act using that license for 180 days following the effective date of this Act.
(h) Any Illinois resident who has a license or permit to carry a handgun issued by another state, 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 365 days following the effective date of this Act.
(i) The Department shall adopt rules to implement the provisions of this Section.
Those states include, but are not limited to:
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-resident 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;
(b) has a valid Firearm Owner's Identification Card or, if applying for a nonresident 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 3 years immediately preceding the application:
(e) does not chronically or habitually abuse alcoholic beverages, as evidenced by either of the following within the 5 years immediately preceding the application:
and (f) has completed firearms training and any educational component required in Section 85 of this Act.
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 drivers license or state identification card number and the last 4 digits of the applicant's social security number;
(2) the applicant's driver'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;
(3) questions to certify or demonstrate the applicant has completed firearms training and any educational component required in Section 85 of this Act;
(5) a waiver of privacy and confidentiality rights and 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;
(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;
(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 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 Firearm Owners Identification Card Act or federal law from possessing a firearm.
(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;
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.
The cost of fingerprinting shall be paid by the applicant, provided that the Department or law enforcement agency may charge no more than $15 for a single set of fingerprints.
The Department shall accept a hard copy or electronic version of the fingerprints.
Each applicant for a license that the Department requests to have his or her fingerprints submitted to the Department shall submit them in an electronic format that HB0997 Engrossed - 13 - LRB098 04070 RLC 34093 b complies with the 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 applicant or licensee, and any information related to violations of this Act.
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.
(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 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.
Section 40.
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-resident licensee if his or her home state has revoked a license to carry a firearm.
(a) A license issued or renewed under this Act shall be revoked if, at any time, the licensee is found ineligible for a 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 nonresident licensee if his or her home state has revoked a license to carry a firearm.
The court, law enforcement agency, or entity responsible for serving the order shall transmit the license to the Department.
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.
(c) The Department may suspend a license for a violation of Section 70.
A license shall be renewed for a period of 5 years upon receipt of a completed renewal application and a $25 renewal fee.
A license shall be renewed for a period of 5 years upon receipt of a completed renewal application and a $100 renewal fee.
(i) participated in at least one shooting competition with a handgun within 6 months of the application for renewal and attested to by any instructor qualified under this Act;
(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.
or (ii) 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 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.
The licensee shall submit a $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 submit (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.
To request a new license, the licensee shall submit:
HB0997 - 15 - LRB098 04070 RLC 34093 b Section 65.
(i) a $50 fee;
Non-resident applications and reciprocity.
(ii) a notarized statement that the licensee no longer possesses the license and that it was lost or destroyed, or a copy of a police report stating that the license was lost, destroyed, or stolen;
(a) A person from another state or territory of the United States may apply for a non-resident license.
and (iii) a photograph as required in HB0997 Engrossed - 18 - LRB098 04070 RLC 34093 b 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 application fee.
and (3) a $100 application fee.
In lieu of an Illinois State driver's license or identification card, the person shall provide similar documentation from his or her state or territory.
In lieu of an Illinois driver's license or State identification card, the person shall provide similar documentation from his or her state or territory;
(b)(1) Notwithstanding subsection (a) a nonresident of Illinois may carry a handgun in accordance with this Act if the nonresident:
a nonresident shall not be required to have a Firearm Owner's Identification HB0997 Engrossed - 19 - LRB098 04070 RLC 34093 b Card.
HB0997 - 16 - LRB098 04070 RLC 34093 b (A) is 21 years of age or older;
(b)(1) Notwithstanding subsection (a), a nonresident of Illinois may carry a handgun in accordance with this Act if the nonresident:
(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 another state;
(A) is 21 years of age or older;
(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 enter into reciprocal agreements with any other state whose requirements to obtain a license or permit is substantially similar to those requirements contained in Section 85.
The Department shall recognize any other state's license or permit whose requirements to obtain a license or permit is substantially similar to those requirements contained in Section 85.
This paragraph (1) of subsection (b) applies only to nonresident concealed weapon or concealed firearm license holders from states that honor Illinois concealed weapon or concealed firearm licenses.
When required by another state, the Department shall enter into a reciprocal agreement with that state.
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 State the license shall remain in effect for 90 days following the date on which the holder of the license establishes legal residence in this State.
(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 State, 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.
Section 70.
(1) Any building 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;
(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 courthouse or part of that building 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).
(2) Any courthouse, part of that building, 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 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.
(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 elementary or secondary school building HB0997 - 18 - LRB098 04070 RLC 34093 b without the consent of school authorities.
(7) Any building, real property, or parking lot area under the control of an elementary or secondary school building without the consent of school authorities.
(8) Any portion of a building used as a child care facility without the consent of the owner or manager.
(8) Any portion of a building used as, or parking lot area under the control of, a child care facility without the consent of the owner or manager.
(9) Any casino licensed under the Riverboat Gambling Act.
(9) Any building or parking lot area under the control of a casino licensed under the Riverboat Gambling Act.
(10) Any gated area of an amusement park.
(10) Any gated area of, or parking lot area under the control of, an amusement park.
(11) Any stadium, arena, or collegiate or professional sporting event.
(11) Any 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 residential mental health facility.
(12) A building or parking lot area under the control of a residential mental health facility.
(13) Any community college, college, or university building without consent of the school authorities.
(13) Any community college, college, or university building, 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 building without the written consent of the library's governing body.
(14) A public library building, or parking lot area of a public library, without the written consent of the library's governing body.
HB0997 - 19 - LRB098 04070 RLC 34093 b (15) Any police, sheriff, or State Police office or station without the consent of the chief law enforcement officer in charge of that office or station.
(15) Any police, sheriff, or State Police office, station, or parking lot area under the control of police, sheriff, or State 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.
(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) Judges, State's Attorneys and assistant State's Attorneys with the permission of the State's Attorney, who possess a valid license under this Act may possess a firearm in any courthouse in which they are employed, but shall be required to follow any rules applicable to sworn peace officers to maintain facility security.
(17) Any property (including, but not limited to, any HB0997 Engrossed - 23 - LRB098 04070 RLC 34093 b street, driveway, or parking lot), building, or facility owned, leased, controlled, or used by a nuclear energy, storage, weapons, or development site or facility regulated by the federal Nuclear Regulatory Commission.
(b) A municipality 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 or school district by a majority vote of the members of its legislative body or governing board.
(a-5) Judges, and State's Attorneys or assistant State's Attorneys with the permission of the State's Attorney, who possess a valid license under this Act may possess a firearm in any courthouse in which they are employed, but shall be required to follow any rules applicable to sworn peace officers to 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 HB0997 - 20 - LRB098 04070 RLC 34093 b transportation agency, including while traveling via public transportation.
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 - 24 - LRB098 04070 RLC 34093 b 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 or egress of the leased premises.
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 from 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 compartment or container within or securely affixed to the outside of the vehicle.
(d) Any person licensed under this Act who is prohibited 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 in accordance with this Act or is being transported in a case or container in accordance with applicable law.
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, 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.
(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 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.
HB0997 - 22 - LRB098 04070 RLC 34093 b (f) A licensee shall not carry a handgun while under the influence of illegal drugs or hallucinogenic drugs or alcohol.
Any firearm that is removed from a licensee during an investigative stop shall be returned immediately to the licensee in its original condition upon conclusion of the stop unless the licensee is 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 6 inches by 6 inches as prescribed by the Department.
Signs shall be of a uniform size and design, not smaller than 8 inches by 10 inches as prescribed by the Department.
(h) A violation of subsection (a), (b), (c), (d), (e), or (f) is a petty offense.
(h) A violation of subsection (a), (b), (c), (d), or (f) is a Class B misdemeanor.
A willful violation of subsection (a), (b), (c), (d), or (f) is a Class B misdemeanor.
A willful violation of subsection (a), (b), (c), (d), or (f) is a Class A misdemeanor.
The court may require a licensee to pay a $50 fee, in addition to any other fees or court costs, for a violation of subsection (e) which shall be deposited into the Citizen Safety and Self-Defense Trust Fund.
(i) A violation of subsection (e) is a Class B misdemeanor;
(i) The Department may suspend a license for up to 30 days for a second violation of subsection (a), (b), (c), (d), or (f) or up to 90 days for a willful violation of subsection (a), (b), (c), (d), or (f).
the licensee may be fined up to $200 plus costs plus a $50 fee to be deposited:
The Department may permanently revoke a license for 3 or more violations of this Section.
$35 into the State Police Firearm Services Fund and $15 into the Mental Health 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.
The office of 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.
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 constituted willful and 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 constitutes willful and wanton misconduct.
(a) Fees collected under this Act by the Department and deposited into the Citizen Safety and Self-Defense Trust Fund shall be appropriated for administration of this Act.
(a) Fees collected under this Act by the Department and deposited into the State Police Firearm Services Fund shall be appropriated for administration of this Act.
(b) Fees shall be:
(b) Fees shall 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:
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 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.
(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.
(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 or State-issued identification card.
(a) Applicants shall provide proof of completion of at least one of the following courses:
(a) Applicants shall provide proof of completion of a firearms training course of at least 8 hours that covers the following:
(1) NRA Basic Personal Protection In The Home Course.
(1) handgun safety in the classroom, at home, on the firing range, and while carrying the firearm;
(2) NRA Basics of Personal Protection Outside The Home Course.
(2) the basic principles of marksmanship;
(3) NRA Basic Pistol Shooting Course.
(3) care and cleaning of handguns;
(4) Any other firearms training course of at least 4 hours that covers the following:
and (4) laws relating to the justifiable use of force.
(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 (2) 20 rounds from a distance of 7 yards and 10 rounds from a distance of 15 yards at a B-21 silhouette or equivalent target as approved by the Department.
and HB0997 Engrossed - 29 - LRB098 04070 RLC 34093 b (2) 10 rounds from a distance of 5 yards, 10 rounds from a distance of 7 yards, and 10 rounds from a distance of 10 yards at a B-27 silhouette or equivalent target as approved by the Department.
(b-5) Students shall provide their own safe, functional handgun and factory-loaded ammunition.
(b-5) Students may provide their own safe, functional handgun.
The qualification shall be performed with factory-loaded ammunition.
HB0997 - 26 - LRB098 04070 RLC 34093 b (d) Applicant training courses shall not be open to anyone under the age of 16 and no certificate of completion shall be issued to persons less than 20 years of age.
(d) Instructors shall maintain all records for students' performance for not less than 5 years.
(e) Instructors shall maintain all records for students' performance for not less than 5 years.
(e) Certified firearms instructors shall:
(f) Certified firearms instructors shall:
(2) make all course records available upon demand to authorized personnel of the Department;
(2) make all course records available upon demand to HB0997 Engrossed - 30 - LRB098 04070 RLC 34093 b authorized personnel of the Department;
(g) Fees for applicant training courses shall be set by the instructor.
(f) Fees for applicant training courses shall be set by the instructor.
(h) 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.
(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) Persons with the following training or certifications are exempt from the requirements of subsection (a) of this Section:
(h) Persons with the following training or certifications are exempt from the requirements of subsection (a) of this Section:
(1) An NRA certified instructor.
(1) An individual who has qualified to carry a firearm as a retired or active law enforcement officer.
(2) An individual who has qualified to carry a firearm as a retired law enforcement officer.
(2) Any active, retired, or honorably discharged member of the armed forces.
(3) Any active, retired, or honorably discharged member of the armed forces who held a combat related military occupation specialty (MOS).
(3) An individual certified as a law enforcement instructor by the Illinois Law Enforcement Training Standards Board or other equivalent agency.
HB0997 - 27 - LRB098 04070 RLC 34093 b (4) An individual certified as a law enforcement instructor by the Illinois Law Enforcement Training Standards Board or other equivalent agency.
(4) An individual eligible to teach courses and certify range qualifications under subsection (b) of Section 90.
(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 of this Act.
(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) National Rifle Association Personal Protection Instructor;
(1) Certification from any entity that offers education and training in firearms use and safety;
(2) National Rifle Association Pistol Marksmanship Instructor;
(2) Certification from a law enforcement agency that offers education and training in firearms use and safety;
(3) National Rifle Association Law Enforcement Firearm Instructor with a certification for handguns;
(3) Certification from a firearms instructor's course offered by a State or federal governmental agency;
(4) Certification from a firearms instructor's course offered by a State or federal governmental agency;
or (4) Certification from a firearms instructor qualifying course approved by the Illinois Law Enforcement Training Standards Board.
or (5) A similar firearms instructor qualifying course approved by the Illinois Law Enforcement Training Standards Board.
(c) Instructors who are eligible to teach courses and certify range qualifications shall be at least 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.
It is declared to be the policy of this State that it is an exclusive power and function of the State to regulate the possession, carrying, and transportation of handguns and the issuance of licenses to carry a concealed firearm.
The regulation and HB0997 Engrossed - 32 - LRB098 04070 RLC 34093 b licensing of firearms, including their possession, carrying, transportation, or the issuance of licenses to carry concealed 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.
Except as provided in subsection (b) of Section 70, a home rule unit shall not regulate the possession, carrying, or transportation of firearms, their components or accessories, or ammunition by a person licensed under this Act.
A home rule unit shall not regulate the number of handguns or require registration of handguns possessed by a person licensed under this Act.
A home rule unit shall not require registration of firearms, regulate the number of firearms, or make any other requirements or regulations of a person licensed under this Act.
This Section is a denial of home rule powers and functions under subsection (i) of Section 6 of Article VII of the Illinois Constitution.
This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois 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.
Section 105.
HB0997 Engrossed - 33 - LRB098 04070 RLC 34093 b Section 105.
Section 900.
Section 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.
(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 Section 30 of the Radon Industry Licensing Act.
(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.
(j) Information and data concerning the distribution of surcharge moneys collected and remitted by wireless carriers under the Wireless Emergency Telephone Safety Act.
(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.
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.
(p) Security portions of system safety program plans, 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.
(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 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.
(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 Family and Personal Protection Act, except as authorized by that Act.
(y) Information maintained by the Department of State Police in accordance with subsection (a) of Section 35 of the HB0997 Engrossed - 37 - LRB098 04070 RLC 34093 b Illinois Concealed Carry Act, except as authorized by that Act.
1-1-13.) Section 905.
1-1-13.) Section 115.
The State Finance Act is amended by adding Section 5.826 as follows:
The Department of State Police Law of the Civil Administrative Code of Illinois is amended by changing Sections 2605-45 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 Citizen Safety and Self-Defense Trust Fund.
The Mental Health Reporting Fund.
Section 910.
(30 ILCS 105/5.827 new) Sec.
The Criminal Code of 2012 is amended by changing Sections 21-6, 24-1, 24-1.6, and 24-2 as follows:
5.827.
HB0997 - 34 - LRB098 04070 RLC 34093 b (720 ILCS 5/21-6) (from Ch.
The State Police Firearm Services Fund.
(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 Family and Personal Protection Act.
(c) This Section shall not apply to a person acting lawfully under the Illinois Concealed Carry 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, 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;
(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 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;
(i) are broken down in a non-functioning state;
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 (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 has been issued a currently valid Firearm Owner's Identification Card;
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;
(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;
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 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;
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 or acting in accordance with the Illinois Concealed Carry Act;
or (9) Carries or possesses in a vehicle or on or about 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 (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 (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 has been issued a currently valid Firearm Owner's Identification Card.
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 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;
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 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 which is either telescopic or constructed of a solid piece of wood or other man-made material.
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 of subsection 24-1(a)(1) through (5), subsection 24-1(a)(10), 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 - 41 - 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) 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 - 50 - 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 - 42 - 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.
(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 - 51 - 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 - 43 - 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.
(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 - 52 - 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 - 44 - LRB098 04070 RLC 34093 b community college, college, or university.
(4) For the purposes of this subsection (c), "school" means any public or private elementary or secondary school, HB0997 Engrossed - 53 - LRB098 04070 RLC 34093 b community college, college, or university.
HB0997 - 45 - LRB098 04070 RLC 34093 b 95-885, eff.
HB0997 Engrossed - 54 - LRB098 04070 RLC 34093 b 95-885, eff.
HB0997 - 46 - LRB098 04070 RLC 34093 b (A) the firearm possessed was uncased, loaded and immediately accessible at the time of the offense;
HB0997 Engrossed - 55 - LRB098 04070 RLC 34093 b (A) the firearm possessed was uncased, loaded and immediately accessible at the time of the offense;
or HB0997 - 47 - 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 HB0997 Engrossed - 56 - 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 has been issued a currently valid Firearm Owner's Identification Card.
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 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.
(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 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 the following:
(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.
(1) Peace officers, and any person summoned by a peace 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, 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.
(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 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 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;
(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 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 24-1(a)(3) and 24-1(a)(4), while on duty in the course of any investigation for the Commission.
(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.
(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.
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.
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 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 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.
(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 mandated by the rules and regulations of the Nuclear Regulatory Commission.
(6) A licensee under the Family and Personal Protection Act, notwithstanding Section 70 of that Act, if the licensee meets the requirements of the Family and Personal HB0997 - 55 - LRB098 04070 RLC 34093 b Protection Act.
(6) A licensee under the Illinois Concealed Carry Act, HB0997 Engrossed - 64 - LRB098 04070 RLC 34093 b notwithstanding Section 70 of that Act, if the licensee meets the requirements of that Act.
This exemption does not authorize the general private 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.
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 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 - 57 - LRB098 04070 RLC 34093 b accessible.
During transportation, any such weapon shall be broken HB0997 Engrossed - 66 - 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 Family and Personal Protection Act, notwithstanding Section 70 of that Act.
(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 Illinois Concealed Carry 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 - 58 - LRB098 04070 RLC 34093 b at targets upon established target ranges, whether public or private, while using their firearms on those target ranges.
(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 HB0997 Engrossed - 67 - 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 for those firearms equipped with those devices, and actually HB0997 - 59 - LRB098 04070 RLC 34093 b 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-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 HB0997 Engrossed - 68 - LRB098 04070 RLC 34093 b for those firearms equipped with those devices, and 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 - 60 - LRB098 04070 RLC 34093 b 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.
HB0997 Engrossed - 69 - 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 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.
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 carrying box, shipping box, or other container, by the possessor of a valid Firearm Owners Identification Card.
revised 8-23-12.) Section 999.
revised 8-23-12.)
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
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Action History

  1. Session Sine Die

  2. Rule 19(a) / Re-referred to Rules Committee

  3. Added Co-Sponsor Rep. Kay Hatcher

  4. Placed on Calendar - Consideration Postponed

  5. Third Reading - Consideration Postponed

  6. Added Co-Sponsor Rep. Jack D. Franks

  7. Placed on Calendar Order of 3rd Reading - Short Debate

  8. House Floor Amendment No. 9 Adopted

  9. House Floor Amendment No. 8 Withdrawn by Rep. Lou Lang

  10. House Floor Amendment No. 7 Withdrawn by Rep. Barbara Flynn Currie

  11. House Floor Amendment No. 6 Withdrawn by Rep. Michael J. Zalewski

  12. House Floor Amendment No. 5 Withdrawn by Rep. Barbara Flynn Currie

  13. House Floor Amendment No. 4 Withdrawn by Rep. Michael J. Zalewski

  14. House Floor Amendment No. 3 Withdrawn by Rep. Naomi D. Jakobsson

  15. House Floor Amendment No. 2 Withdrawn by Rep. Michael J. Zalewski

  16. House Floor Amendment No. 1 Withdrawn by Rep. Barbara Flynn Currie

  17. Second Reading - Short Debate

  18. House Floor Amendment No. 10 Referred to Rules Committee

  19. House Floor Amendment No. 10 Filed with Clerk by Rep. Brandon W. Phelps

  20. House Floor Amendment No. 9 Recommends Be Adopted Rules Committee; 004-000-000

  21. House Floor Amendment No. 9 Referred to Rules Committee

  22. House Floor Amendment No. 9 Filed with Clerk by Rep. Brandon W. Phelps

  23. House Floor Amendment No. 8 Recommends Be Adopted Rules Committee; 003-001-000

  24. House Floor Amendment No. 7 Recommends Be Adopted Rules Committee; 003-001-000

  25. House Floor Amendment No. 6 Recommends Be Adopted Rules Committee; 003-001-000

  26. House Floor Amendment No. 5 Recommends Be Adopted Rules Committee; 003-001-000

  27. House Floor Amendment No. 4 Recommends Be Adopted Rules Committee; 003-001-000

  28. House Floor Amendment No. 3 Recommends Be Adopted Rules Committee; 003-001-000

  29. House Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 003-001-000

  30. House Floor Amendment No. 1 Recommends Be Adopted Rules Committee; 003-001-000

  31. Held on Calendar Order of Second Reading - Short Debate

  32. Second Reading - Short Debate

  33. House Floor Amendment No. 8 Referred to Rules Committee

  34. House Floor Amendment No. 8 Filed with Clerk by Rep. Lou Lang

  35. House Floor Amendment No. 7 Referred to Rules Committee

  36. House Floor Amendment No. 7 Filed with Clerk by Rep. Barbara Flynn Currie

  37. House Floor Amendment No. 6 Referred to Rules Committee

  38. House Floor Amendment No. 6 Filed with Clerk by Rep. Michael J. Zalewski

  39. House Floor Amendment No. 5 Referred to Rules Committee

  40. House Floor Amendment No. 5 Filed with Clerk by Rep. Barbara Flynn Currie

  41. House Floor Amendment No. 4 Referred to Rules Committee

  42. House Floor Amendment No. 4 Filed with Clerk by Rep. Michael J. Zalewski

  43. House Floor Amendment No. 3 Referred to Rules Committee

  44. House Floor Amendment No. 3 Filed with Clerk by Rep. Naomi D. Jakobsson

  45. House Floor Amendment No. 2 Referred to Rules Committee

  46. House Floor Amendment No. 2 Filed with Clerk by Rep. Michael J. Zalewski

  47. House Floor Amendment No. 1 Referred to Rules Committee

  48. House Floor Amendment No. 1 Filed with Clerk by Rep. Barbara Flynn Currie

  49. Added Co-Sponsor Rep. David Harris

  50. Placed on Calendar 2nd Reading - Short Debate

  51. Motion Discharge Committee Prevailed Judiciary; 101-015-000

  52. Motion Filed to Discharge Committee Judiciary; Rep. Dennis M. Reboletti

  53. Added Co-Sponsor Rep. Dan Brady

  54. Added Co-Sponsor Rep. Michael W. Tryon

  55. Added Co-Sponsor Rep. Dennis M. Reboletti

  56. Added Co-Sponsor Rep. Darlene J. Senger

  57. Assigned to Judiciary

  58. Added Co-Sponsor Rep. David McSweeney

  59. Added Co-Sponsor Rep. Barbara Wheeler

  60. Added Co-Sponsor Rep. Jeanne M Ives

  61. Added Co-Sponsor Rep. Donald L. Moffitt

  62. Added Co-Sponsor Rep. Rich Brauer

  63. Added Co-Sponsor Rep. Raymond Poe

  64. Added Co-Sponsor Rep. Ron Sandack

  65. Added Co-Sponsor Rep. Bill Mitchell

  66. Added Co-Sponsor Rep. C.D. Davidsmeyer

  67. Added Co-Sponsor Rep. Charles E. Meier

  68. Added Co-Sponsor Rep. Chad Hays

  69. Added Co-Sponsor Rep. Thomas Morrison

  70. Added Co-Sponsor Rep. Pam Roth

  71. Added Co-Sponsor Rep. Robert W. Pritchard

  72. Added Co-Sponsor Rep. Jim Sacia

  73. Added Co-Sponsor Rep. Keith P. Sommer

  74. Added Co-Sponsor Rep. David R. Leitch

  75. Added Co-Sponsor Rep. Dwight Kay

  76. Added Co-Sponsor Rep. Joe Sosnowski

  77. Added Co-Sponsor Rep. Tom Demmer

  78. Added Co-Sponsor Rep. Adam Brown

  79. Added Co-Sponsor Rep. John D. Cavaletto

  80. Added Co-Sponsor Rep. Linda Chapa LaVia

  81. Added Co-Sponsor Rep. JoAnn D. Osmond

  82. Added Co-Sponsor Rep. Wayne Rosenthal

  83. Added Co-Sponsor Rep. David Reis

  84. Added Co-Sponsor Rep. Mike Bost

  85. Added Co-Sponsor Rep. Eddie Lee Jackson, Sr.

  86. Added Co-Sponsor Rep. John M. Cabello

  87. Added Co-Sponsor Rep. Brad E. Halbrook

  88. Added Co-Sponsor Rep. Josh Harms

  89. Added Co-Sponsor Rep. Jil Tracy

  90. Added Co-Sponsor Rep. Norine Hammond

  91. Added Co-Sponsor Rep. Sue Scherer

  92. Added Co-Sponsor Rep. John E. Bradley

  93. Added Co-Sponsor Rep. Mike Smiddy

  94. Added Co-Sponsor Rep. Michael Unes

  95. Added Co-Sponsor Rep. Katherine Cloonen

  96. Added Chief Co-Sponsor Rep. Patrick J. Verschoore

  97. Added Chief Co-Sponsor Rep. Jerry F. Costello, II

  98. Added Chief Co-Sponsor Rep. Daniel V. Beiser

  99. Added Chief Co-Sponsor Rep. Ed Sullivan, Jr.

  100. Referred to Rules Committee

  101. First Reading

  102. Filed with the Clerk by Rep. Brandon W. Phelps

Sponsors

  • Brandon W. Phelps · Cosponsor

Sponsorship breakdown

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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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Motion

Failed 101 Yea · 15 Nay · 2 Other
Party YeaNayPresentNot Voting
Democrat 18700
Unaffiliated 75802
Republican 8000
Total 1011502
% 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

Official roll call →

Subjects

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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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