SB 2188 — RETIRED OFFICERS-FIREARMS

A person who fails to renew his or her application within 6 months after it’s expiration must reapply for a new permit and pay the fee for a new application.

(b) If a person issued a permit to carry a concealed firearm changes residence within this State, or changes his or her name, the person to whom the permit was issued may upon payment of $25 to the Department of State Police obtain a SB2188 Engrossed - 9 - LRB093 18296 RLC 44000 b corrected concealed firearms permit with a change of address or change of name upon furnishing a notarized statement to the Department of State Police that the permittee has changed residence, or his or her name, and upon submission of an application as set forth in Section 25 and photograph as set forth in paragraph (2) of Section 30 of this Act.

A concealed firearms permit shall be automatically invalid after 30 days if the permittee has not notified the Department of State Police of a change of residence.

SB2188 - 9 - LRB093 18296 RLC 44000 b (c) If a permit to carry a concealed firearm is lost or destroyed, the permit shall be automaticallycancelled, invalid, and the person to whom the permit was issued may upon payment of $25 to the Department of State Police obtain a duplicate,new permit, upon furnishing a notarized statement to the Department of State Police that the permit was lost or destroyed and submission of an application as set forth in Section 25 and photograph as set forth in paragraph (2) of Section 30 of this Act.

(iv) Any meeting of the governing body of a unit of SB2188 Engrossed - 10 - LRB093 18296 RLC 44000 b local government;

(v) The General Assembly may by statute, and the county or municipality may by ordinance, prohibit or limit the carrying of concealed firearms by permit holders in that SB2188 - 10 - LRB093 18296 RLC 44000 b portion of a building owned, leased, or controlled by that unit of government.

(vii) Any area of an airport to which access is SB2188 Engrossed - 11 - LRB093 18296 RLC 44000 b controlled by the inspection of persons and property.

Nothing in this Section shall prevent the operator of a child care facility in a family home from owning or possessing a SB2188 - 11 - LRB093 18296 RLC 44000 b firearm or permit.

except that, commencing January 1, 2005, any excess moneys in the Fund may be used to ensure the prompt and efficient processing of SB2188 Engrossed - 12 - LRB093 18296 RLC 44000 b applications received under Section 30 of this Act.

$75$100    Duplicate due to lost or destroyed .............

$25    LateSection renewal85. fee ...............................

$25 SB2188 - 12 - LRB093 18296 RLC 44000 b Section 85.

SB2188 Engrossed - 13 - LRB093 18296 RLC 44000 b (b) The classroom portion of the course may be, at the qualified firearms instructor’s discretion, divided into segments of not less than 2 hours each.

(2) An applicant training course students shall complete a course application form, which shall include a statement acknowledging receipt of copies of pertinent SB2188 - 13 - LRB093 18296 RLC 44000 b statutory provisions listed in clauses (A), (B), and (C) of subparagraph (iv) of paragraph (1) of subsection (a) and a liability waiver.

SB2188 Engrossed - 14 - LRB093 18296 RLC 44000 b (f) (1) Students shall provide their own safe, functional handgun and factory-loaded ammunition.

SB2188 - 14 - LRB093 18296 RLC 44000 b (g) Grades of "passing" shall not be given on range work to an applicant who:

SB2188 Engrossed - 15 - LRB093 18296 RLC 44000 b (1) grade the examinations;

and (2) mailprovide to the Department:student a certificate of successful course completion if he or she:

(i) the completed course application form, showing the student’s score on the written examination and indicating whether the student passed or failed the range work;

and (ii) the graded examinations.

(l) Within 15 days after receipt of the material described SB2188 - 15 - LRB093 18296 RLC 44000 b in section (k), the Department shall mail to the applicant:

(i) a certificate of successful course completion;

or (ii) notification that the applicant has failed the course and will not be certified.

(m) A student shall be issued a certificate of completion if he or she:

(n)(l) (1) Students who score below 70% on the written examination may retake the examination one time without having to retake the course.

(2) be acitizens citizen of the United States;

and (3) meethave thebeen requirementsissued ofFirearm subsectionOwner’s (b)Identification ofCards. Section 25.

(e) Persons wishing to become instructor trainers, in SB2188 - 16 - LRB093 18296 RLC 44000 b addition to the requirements of subsection (d) of this Section, shall:

(2) have at least one of the following valid firearms SB2188 Engrossed - 16 - LRB093 18296 RLC 44000 b instructor certifications:

(A) does not meet the requirements of thisthe ActFirearm toOwners possessIdentification aCard concealedAct; firearms permit;

921 through SB2188 - 17 - LRB093 18296 RLC 44000 b 930;

SB2188 Engrossed - 17 - LRB093 18296 RLC 44000 b (E) record-keeping requirements of this Act;

and (iii) a score of "passing" from the course SB2188 - 18 - LRB093 18296 RLC 44000 b instructor for demonstrating competency in each of the following:

and SB2188 Engrossed - 18 - LRB093 18296 RLC 44000 b (C) preparing and delivering the classroom lecture.

This Act is repealed on JanuaryJuly 1, 2010.

Section 100.97.

SB2188 - 19 - LRB093 18296 RLC 44000 b Section 105.

83-13.1) SB2188 Engrossed - 19 - LRB093 18296 RLC 44000 b Sec.

76-1939.) Section 999. Effective110. date.

ThisThe ActCriminal takesCode effectof upon1961 becomingis law.amended by changing Section 24-2 as follows:

(720 ILCS 5/24-2) (from Ch.

38, par.

24-2) Sec.

24-2.

Exemptions.

(a) Subsections 24-1(a)(3), 24-1(a)(4) and 24-1(a)(10) and Section 24-1.6 do not apply to or affect any of the following:

(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.

(2) Wardens, superintendents and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of an offense, while in the performance of their official duty, or while commuting between their homes and places of employment.

(3) Members of the Armed Services or Reserve Forces of the United States or the Illinois National Guard or the Reserve Officers Training Corps, while in the performance of their official duty.

SB2188 Engrossed - 20 - LRB093 18296 RLC 44000 b (4) Special agents employed by a railroad or a public utility to perform police functions, and guards of armored car companies, while actually engaged in the performance of the duties of their employment or commuting between their homes and places of employment;

and watchmen while actually engaged in the performance of the duties of their employment.

(5) Persons licensed as private security contractors, private detectives, or private alarm contractors, or employed by an agency certified by the Department of Professional Regulation, if their duties include the carrying of a weapon under the provisions of the Private Detective, Private Alarm, Private Security, 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.

Persons exempted under this subdivision (a)(5) shall be required to have completed a course of study in firearms handling and training approved and supervised by the Department of Professional Regulation as prescribed by Section 28 of the Private Detective, Private Alarm, Private Security, and Locksmith Act of 2004, prior to becoming eligible for this exemption.

The Department of Professional Regulation shall provide suitable documentation demonstrating the successful completion of the prescribed firearms training.

Such documentation shall be carried at all times when such persons are in possession of a concealable weapon.

(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 SB2188 Engrossed - 21 - LRB093 18296 RLC 44000 b a security guard, is a member of a security force of at least 5 persons registered with the Department of Professional Regulation;

provided that such security guard has successfully completed a course of study, approved by and supervised by the Department of Professional Regulation, consisting of not less than 40 hours of training that includes the theory of law enforcement, liability for acts, and the handling of weapons.

A person shall be considered eligible for this exemption if he or she has completed the required 20 hours of training for a security officer and 20 hours of required firearm training, and has been issued a firearm authorization card by the Department of Professional Regulation.

Conditions for the renewal of firearm authorization cards issued under the provisions of this Section shall be the same as for those cards issued under the provisions of the Private Detective, Private Alarm, Private Security, and Locksmith Act of 2004.

Such firearm authorization card shall be carried by the security guard at all times when he or she is in possession of a concealable weapon.

(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.

(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 Professional Regulation, consisting of not less than 40 hours of training which includes theory of law enforcement, liability for acts, and SB2188 Engrossed - 22 - LRB093 18296 RLC 44000 b the handling of weapons.

A person shall be considered to be eligible for this exemption if he or she has completed the required 20 hours of training for a security officer and 20 hours of required firearm training, and has been issued a firearm authorization card by the Department of Professional Regulation.

Conditions for renewal of firearm authorization cards issued under the provisions of this Section shall be the same as for those issued under the provisions of the Private Detective, Private Alarm, Private Security, and Locksmith Act of 2004.

Such firearm authorization card shall be carried by the person so trained at all times when such person is in possession of a concealable weapon.

For purposes of this subsection, "financial institution" means a bank, savings and loan association, credit union or company providing armored car services.

(9) Any person employed by an armored car company to drive an armored car, while actually engaged in the performance of his duties.

(10) Persons who have been classified as peace officers pursuant to the Peace Officer Fire Investigation Act.

(11) Investigators of the Office of the State’s Attorneys Appellate Prosecutor authorized by the board of governors of the Office of the State’s Attorneys Appellate Prosecutor to carry weapons pursuant to Section 7.06 of the State’s Attorneys Appellate Prosecutor’s Act.

(12) Special investigators appointed by a State’s Attorney under Section 3-9005 of the Counties Code.

(12.5) Probation officers while in the performance of their duties, or while commuting between their homes, places of employment or specific locations that are part of their assigned duties, with the consent of the chief judge of the circuit for which they are employed.

(13) Court Security Officers while in the performance of their official duties, or while commuting between their homes and places of employment, with the consent of the SB2188 Engrossed - 23 - LRB093 18296 RLC 44000 b Sheriff.

(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 mandated by the rules and regulations of the Nuclear Regulatory Commission.

(14) Manufacture, transportation, or sale of weapons to persons authorized under subdivisions (1) through (13.5) of this subsection to possess those weapons.

(b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 24-1.6 do not apply to or affect any of the following:

(1) Members of any club or organization organized for the purpose of practicing shooting at targets upon established target ranges, whether public or private, and patrons of such ranges, while such members or patrons are using their firearms on those target ranges.

(2) Duly authorized military or civil organizations while parading, with the special permission of the Governor.

(3) Hunters, trappers or fishermen with a license or permit while engaged in hunting, trapping or fishing.

(4) Transportation of weapons that are broken down in a non-functioning state or are not immediately accessible.

(5) A person issued a permit to carry a concealed firearm under the Retired Officers Security Act.

(c) Subsection 24-1(a)(7) does not apply to or affect any of the following:

(1) Peace officers while in performance of their official duties.

(2) Wardens, superintendents and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of an offense.

(3) Members of the Armed Services or Reserve Forces of the United States or the Illinois National Guard, while in the performance of their official duty.

SB2188 Engrossed - 24 - LRB093 18296 RLC 44000 b (4) Manufacture, transportation, or sale of machine guns to persons authorized under subdivisions (1) through (3) of this subsection to possess machine guns, if the machine guns are broken down in a non-functioning state or are not immediately accessible.

(5) Persons licensed under federal law to manufacture any weapon from which 8 or more shots or bullets can be discharged by a single function of the firing device, or ammunition for such weapons, and actually engaged in the business of manufacturing such weapons or ammunition, but only with respect to activities which are within the lawful scope of such business, such as the manufacture, transportation, or testing of such weapons or ammunition.

This exemption does not authorize the general private 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, such weapons shall be broken down in a non-functioning state or not immediately accessible.

(6) The manufacture, transport, testing, delivery, transfer or sale, and all lawful commercial or experimental activities necessary thereto, of rifles, shotguns, and weapons made from rifles or shotguns, or ammunition for such rifles, shotguns or weapons, where engaged in by a person operating as a contractor or subcontractor pursuant to a contract or subcontract for the development and supply of such rifles, shotguns, weapons or ammunition to the United States government or any branch of the Armed Forces of the United States, when such activities are necessary and incident to fulfilling the terms of such contract.

The exemption granted under this subdivision (c)(6) shall also apply to any authorized agent of any such contractor or subcontractor who is operating within the SB2188 Engrossed - 25 - LRB093 18296 RLC 44000 b scope of his employment, where such activities involving such weapon, weapons or ammunition are necessary and incident to fulfilling the terms of such contract.

During transportation, any such weapon shall be broken down in a non-functioning state, or not immediately accessible.

(d) Subsection 24-1(a)(1) does not apply to the purchase, possession or carrying of a black-jack or slung-shot by a peace officer.

(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.

(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 at targets upon established target ranges, whether public or private, while using their firearms on those target ranges.

(g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply to:

(1) Members of the Armed Services or Reserve Forces of the United States or the Illinois National Guard, while in the performance of their official duty.

(2) Bonafide collectors of antique or surplus military ordinance.

(3) Laboratories having a department of forensic ballistics, or specializing in the development of ammunition or explosive ordinance.

(4) Commerce, preparation, assembly or possession of explosive bullets by manufacturers of ammunition licensed by the federal government, in connection with the supply of those organizations and persons exempted by subdivision (g)(1) of this Section, or like organizations and persons outside this State, or the transportation of explosive bullets to any organization or person exempted in this Section by a common carrier or by a vehicle owned or leased by an exempted manufacturer.

SB2188 Engrossed - 26 - LRB093 18296 RLC 44000 b (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 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.

This exemption does not authorize the general private possession of any device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm, but only such possession and activities as are within the lawful scope of a licensed manufacturing business described in this subsection (g-5).

During transportation, those devices shall be detached from any weapon or not immediately accessible.

(h) An information or indictment based upon a violation of any subsection of this Article need not negative any exemptions contained in this Article.

The defendant shall have the burden of proving such an exemption.

(i) Nothing in this Article shall prohibit, apply to, or affect the transportation, carrying, or possession, of any pistol or revolver, stun gun, taser, or other firearm consigned to a common carrier operating under license of the State of Illinois or the federal government, where such transportation, carrying, or possession is incident to the lawful transportation in which such common carrier is engaged;

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 carrying box, shipping box, or other container, by the possessor of a valid Firearm Owners Identification Card.

(Source:

P.A.

92-325, eff.

8-9-01;

93-438, eff.

8-5-03;

93-439, SB2188 Engrossed - 27 - LRB093 18296 RLC 44000 b eff.

8-5-03;

93-576, eff.

1-1-04;

revised 9-15-03.) Section 999.

Effective date.

This Act takes effect January 1, 2005.