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Rep. Bob Morgan
Filed: 3/5/2024
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1 | | AMENDMENT TO HOUSE BILL 5178
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2 | | AMENDMENT NO. ______. Amend House Bill 5178 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 5. The Firearm Concealed Carry Act is amended by |
5 | | changing Section 65 as follows:
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6 | | (430 ILCS 66/65) |
7 | | Sec. 65. Prohibited areas. |
8 | | (a) A licensee under this Act shall not knowingly carry a |
9 | | firearm on or into: |
10 | | (1) Any building, real property, and parking area |
11 | | under the control of a public or private elementary or |
12 | | secondary school. |
13 | | (2) Any building, real property, and parking area |
14 | | under the control of a pre-school or child care facility, |
15 | | including any room or portion of a building under the |
16 | | control of a pre-school or child care facility. Nothing in |
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1 | | this paragraph shall prevent the operator of a child care |
2 | | facility in a family home from owning or possessing a |
3 | | firearm in the home or license under this Act, if no child |
4 | | under child care at the home is present in the home or the |
5 | | firearm in the home is stored in a locked container when a |
6 | | child under child care at the home is present in the home. |
7 | | (3) Any building, parking area, or portion of a |
8 | | building under the control of an officer of the executive |
9 | | or legislative branch of government, provided that nothing |
10 | | in this paragraph shall prohibit a licensee from carrying |
11 | | a concealed firearm onto the real property, bikeway, or |
12 | | trail in a park regulated by the Department of Natural |
13 | | Resources or any other designated public hunting area or |
14 | | building where firearm possession is permitted as |
15 | | established by the Department of Natural Resources under |
16 | | Section 1.8 of the Wildlife Code. |
17 | | (4) Any building designated for matters before a |
18 | | circuit court, appellate court, or the Supreme Court, or |
19 | | any building or portion of a building under the control of |
20 | | the Supreme Court. |
21 | | (5) Any building or portion of a building under the |
22 | | control of a unit of local government. |
23 | | (6) Any building, real property, and parking area |
24 | | under the control of an adult or juvenile detention or |
25 | | correctional institution, prison, or jail. |
26 | | (7) Any building, real property, and parking area |
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1 | | under the control of a public or private hospital or |
2 | | hospital affiliate, mental health facility, or nursing |
3 | | home. |
4 | | (8) Any bus, train, or form of transportation paid for |
5 | | in whole or in part with public funds, and any building, |
6 | | real property, and parking area under the control of a |
7 | | public transportation facility paid for in whole or in |
8 | | part with public funds. |
9 | | (9) Any building, real property, and parking area |
10 | | under the control of an establishment that serves alcohol |
11 | | on its premises, if more than 50% of the establishment's |
12 | | gross receipts within the prior 3 months is from the sale |
13 | | of alcohol. The owner of an establishment who knowingly |
14 | | fails to prohibit concealed firearms on its premises as |
15 | | provided in this paragraph or who knowingly makes a false |
16 | | statement or record to avoid the prohibition on concealed |
17 | | firearms under this paragraph is subject to the penalty |
18 | | under subsection (c-5) of Section 10-1 of the Liquor |
19 | | Control Act of 1934. |
20 | | (10) Any public gathering or special event conducted |
21 | | on property open to the public that requires the issuance |
22 | | of a permit from the unit of local government, provided |
23 | | this prohibition shall not apply to a licensee who must |
24 | | walk through a public gathering in order to access his or |
25 | | her residence, place of business, or vehicle. |
26 | | (11) Any building or real property that has been |
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1 | | issued a Special Event Retailer's license as defined in |
2 | | Section 1-3.17.1 of the Liquor Control Act during the time |
3 | | designated for the sale of alcohol by the Special Event |
4 | | Retailer's license, or a Special use permit license as |
5 | | defined in subsection (q) of Section 5-1 of the Liquor |
6 | | Control Act during the time designated for the sale of |
7 | | alcohol by the Special use permit license. |
8 | | (12) Any public playground. |
9 | | (13) Any public park, athletic area, or athletic |
10 | | facility under the control of a municipality or park |
11 | | district, provided nothing in this Section shall prohibit |
12 | | a licensee from carrying a concealed firearm while on a |
13 | | trail or bikeway if only a portion of the trail or bikeway |
14 | | includes a public park. |
15 | | (14) Any real property under the control of the Cook |
16 | | County Forest Preserve District. |
17 | | (15) Any building, classroom, laboratory, medical |
18 | | clinic, hospital, artistic venue, athletic venue, |
19 | | entertainment venue, officially recognized |
20 | | university-related organization property, whether owned or |
21 | | leased, and any real property, including parking areas, |
22 | | sidewalks, and common areas under the control of a public |
23 | | or private community college, college, or university. |
24 | | (16) Any building, real property, or parking area |
25 | | under the control of a gaming facility licensed under the |
26 | | Illinois Gambling Act or the Illinois Horse Racing Act of |
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1 | | 1975, including an inter-track wagering location licensee. |
2 | | (17) Any stadium, arena, or the real property or |
3 | | parking area under the control of a stadium, arena, or any |
4 | | collegiate or professional sporting event. |
5 | | (18) Any building, real property, or parking area |
6 | | under the control of a public library. |
7 | | (19) Any building, real property, or parking area |
8 | | under the control of an airport. |
9 | | (20) Any building, real property, or parking area |
10 | | under the control of an amusement park. |
11 | | (21) Any building, real property, or parking area |
12 | | under the control of a zoo or museum. |
13 | | (22) Any street, driveway, parking area, property, |
14 | | building, or facility, owned, leased, controlled, or used |
15 | | by a nuclear energy, storage, weapons, or development site |
16 | | or facility regulated by the federal Nuclear Regulatory |
17 | | Commission. The licensee shall not under any circumstance |
18 | | store a firearm or ammunition in his or her vehicle or in a |
19 | | compartment or container within a vehicle located anywhere |
20 | | in or on the street, driveway, parking area, property, |
21 | | building, or facility described in this paragraph. |
22 | | (23) Any area where firearms are prohibited under |
23 | | federal law. |
24 | | (24) Any building, real property, or parking area of a |
25 | | polling place holding an election authorized under the |
26 | | Election Code. |
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1 | | (a-5) Nothing in this Act shall prohibit a public or |
2 | | private community college, college, or university from: |
3 | | (1) prohibiting persons from carrying a firearm within |
4 | | a vehicle owned, leased, or controlled by the college or |
5 | | university; |
6 | | (2) developing resolutions, regulations, or policies |
7 | | regarding student, employee, or visitor misconduct and |
8 | | discipline, including suspension and expulsion; |
9 | | (3) developing resolutions, regulations, or policies |
10 | | regarding the storage or maintenance of firearms, which |
11 | | must include designated areas where persons can park |
12 | | vehicles that carry firearms; and |
13 | | (4) permitting the carrying or use of firearms for the |
14 | | purpose of instruction and curriculum of officially |
15 | | recognized programs, including but not limited to military |
16 | | science and law enforcement training programs, or in any |
17 | | designated area used for hunting purposes or target |
18 | | shooting. |
19 | | (a-10) The owner of private real property of any type may |
20 | | prohibit the carrying of concealed firearms on the property |
21 | | under his or her control. The owner must post a sign in |
22 | | accordance with subsection (d) of this Section indicating that |
23 | | firearms are prohibited on the property, unless the property |
24 | | is a private residence. |
25 | | (b) Notwithstanding subsections (a), (a-5), and (a-10) of |
26 | | this Section except under paragraph (22) or (23) of subsection |
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1 | | (a), any licensee prohibited from carrying a concealed firearm |
2 | | into the parking area of a prohibited location specified in |
3 | | subsection (a), (a-5), or (a-10) of this Section shall be |
4 | | permitted to carry a concealed firearm on or about his or her |
5 | | person within a vehicle into the parking area and may store a |
6 | | firearm or ammunition concealed in a case within a locked |
7 | | vehicle or locked container out of plain view within the |
8 | | vehicle in the parking area. A licensee may carry a concealed |
9 | | firearm in the immediate area surrounding his or her vehicle |
10 | | within a prohibited parking lot area only for the limited |
11 | | purpose of storing or retrieving a firearm within the |
12 | | vehicle's trunk. For purposes of this subsection, "case" |
13 | | includes a glove compartment or console that completely |
14 | | encloses the concealed firearm or ammunition, the trunk of the |
15 | | vehicle, or a firearm carrying box, shipping box, or other |
16 | | container. |
17 | | (c) A licensee shall not be in violation of this Section |
18 | | while he or she is traveling along a public right of way that |
19 | | touches or crosses any of the premises under subsection (a), |
20 | | (a-5), or (a-10) of this Section if the concealed firearm is |
21 | | carried on his or her person in accordance with the provisions |
22 | | of this Act or is being transported in a vehicle by the |
23 | | licensee in accordance with all other applicable provisions of |
24 | | law. |
25 | | (d) Signs stating that the carrying of firearms is |
26 | | prohibited shall be clearly and conspicuously posted at the |