98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB6004

Introduced , by Rep. John E. Bradley

SYNOPSIS AS INTRODUCED:

`50 ILCS 710/1`	`from Ch. 85, par. 515`
`430 ILCS 66/65`
`430 ILCS 66/75`

Amends the Peace Officer Firearm Training Act. Includes in the definition of "peace officer" any sworn State's Attorney or authorized

Assistant State's
Attorney, except that any person who is deemed a peace

officer solely by virtue of his or her employment as a
State's Attorney or

Assistant State's Attorney shall not be authorized to make arrests for offenses. Amends the Firearm Concealed Carry Act. Provides that notwithstanding the provisions prohibiting a licensee from carrying a firearm into certain places, except those places where firearms are prohibited by federal law and property used by a nuclear energy, storage, weapons, or development site or facility regulated by the federal Nuclear Regulatory Commission, a licensee who is a State's Attorney prohibited from

carrying a concealed firearm into an
area of a prohibited location shall be

permitted
to carry a concealed firearm on or about his or her person if he

or she has completed the required
training to be qualified to carry a

firearm as a peace officer, notwithstanding that he or she is not
otherwise

certified as a sworn peace officer. Exempts from the firearm training

requirements, a sworn State's Attorney or Assistant State's
Attorney

authorized by the State's
Attorney, who has completed the required training

to be qualified to carry a firearm as a peace officer. Effective immediately.

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A BILL FOR

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1 AN ACT concerning firearms.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Peace Officer Firearm Training Act is

5 amended by changing Section 1 as follows:

6 (50 ILCS 710/1) (from Ch. 85, par. 515)

7 Sec. 1. Definitions. As used in this Act:

8 (a) "Peace officer" means (i) any person who by virtue of

9 his office or public employment is vested by law with a primary

10 duty to maintain public order or to make arrests for offenses,

11 whether that duty extends to all offenses or is limited to

12 specific offenses, and who is employed in such capacity by any

13 county or municipality or (ii) any retired law enforcement

14 officers qualified under federal law to carry a concealed

15 weapon. "Peace officer" includes any sworn State's Attorney or

16 authorized Assistant State's Attorney, except that any person

17 who is deemed a peace officer solely by virtue of his or her

18 employment as a State's Attorney or Assistant State's Attorney

19 shall not be authorized to make arrests for offenses.

20 (b) "Firearms" means any weapon or device defined as a

21 firearm in Section 1.1 of "An Act relating to the acquisition,

22 possession and transfer of firearms and firearm ammunition, to

23 provide a penalty for the violation thereof and to make an

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1 appropriation in connection therewith", approved August 3,

2 1967, as amended.

3 (Source: P.A. 94-103, eff. 7-1-05.)

4 Section 10. The Firearm Concealed Carry Act is amended by

5 changing Sections 65 and 75 as follows:

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 under

11 the control of a public or private elementary or secondary

12 school.

13 (2) Any building, real property, and parking area under

14 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

17 this paragraph shall prevent the operator of a child care

18 facility in a family home from owning or possessing a

19 firearm in the home or license under this Act, if no child

20 under child care at the home is present in the home or the

21 firearm in the home is stored in a locked container when a

22 child under child care at the home is present in the home.

23 (3) Any building, parking area, or portion of a

24 building under the control of an officer of the executive

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1 or legislative branch of government, provided that nothing

2 in this paragraph shall prohibit a licensee from carrying a

3 concealed firearm onto the real property, bikeway, or trail

4 in a park regulated by the Department of Natural Resources

5 or any other designated public hunting area or building

6 where firearm possession is permitted as established by the

7 Department of Natural Resources under Section 1.8 of the

8 Wildlife Code.

9 (4) Any building designated for matters before a

10 circuit court, appellate court, or the Supreme Court, or

11 any building or portion of a building under the control of

12 the Supreme Court.

13 (5) Any building or portion of a building under the

14 control of a unit of local government.

15 (6) Any building, real property, and parking area under

16 the control of an adult or juvenile detention or

17 correctional institution, prison, or jail.

18 (7) Any building, real property, and parking area under

19 the control of a public or private hospital or hospital

20 affiliate, mental health facility, or nursing home.

21 (8) Any bus, train, or form of transportation paid for

22 in whole or in part with public funds, and any building,

23 real property, and parking area under the control of a

24 public transportation facility paid for in whole or in part

25 with public funds.

26 (9) Any building, real property, and parking area under

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1 the control of an establishment that serves alcohol on its

2 premises, if more than 50% of the establishment's gross

3 receipts within the prior 3 months is from the sale of

4 alcohol. The owner of an establishment who knowingly fails

5 to prohibit concealed firearms on its premises as provided

6 in this paragraph or who knowingly makes a false statement

7 or record to avoid the prohibition on concealed firearms

8 under this paragraph is subject to the penalty under

9 subsection (c-5) of Section 10-1 of the Liquor Control Act

10 of 1934.

11 (10) Any public gathering or special event conducted on

12 property open to the public that requires the issuance of a

13 permit from the unit of local government, provided this

14 prohibition shall not apply to a licensee who must walk

15 through a public gathering in order to access his or her

16 residence, place of business, or vehicle.

17 (11) Any building or real property that has been issued

18 a Special Event Retailer's license as defined in Section

19 1-3.17.1 of the Liquor Control Act during the time

20 designated for the sale of alcohol by the Special Event

21 Retailer's license, or a Special use permit license as

22 defined in subsection (q) of Section 5-1 of the Liquor

23 Control Act during the time designated for the sale of

24 alcohol by the Special use permit license.

25 (12) Any public playground.

26 (13) Any public park, athletic area, or athletic

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1 facility under the control of a municipality or park

2 district, provided nothing in this Section shall prohibit a

3 licensee from carrying a concealed firearm while on a trail

4 or bikeway if only a portion of the trail or bikeway

5 includes a public park.

6 (14) Any real property under the control of the Cook

7 County Forest Preserve District.

8 (15) Any building, classroom, laboratory, medical

9 clinic, hospital, artistic venue, athletic venue,

10 entertainment venue, officially recognized

11 university-related organization property, whether owned or

12 leased, and any real property, including parking areas,

13 sidewalks, and common areas under the control of a public

14 or private community college, college, or university.

15 (16) Any building, real property, or parking area under

16 the control of a gaming facility licensed under the

17 Riverboat Gambling Act or the Illinois Horse Racing Act of

18 1975, including an inter-track wagering location licensee.

19 (17) Any stadium, arena, or the real property or

20 parking area under the control of a stadium, arena, or any

21 collegiate or professional sporting event.

22 (18) Any building, real property, or parking area under

23 the control of a public library.

24 (19) Any building, real property, or parking area under

25 the control of an airport.

26 (20) Any building, real property, or parking area under

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1 the control of an amusement park.

2 (21) Any building, real property, or parking area under

3 the control of a zoo or museum.

4 (22) Any street, driveway, parking area, property,

5 building, or facility, owned, leased, controlled, or used

6 by a nuclear energy, storage, weapons, or development site

7 or facility regulated by the federal Nuclear Regulatory

8 Commission. The licensee shall not under any circumstance

9 store a firearm or ammunition in his or her vehicle or in a

10 compartment or container within a vehicle located anywhere

11 in or on the street, driveway, parking area, property,

12 building, or facility described in this paragraph.

13 (23) Any area where firearms are prohibited under

14 federal law.

15 (a-5) Nothing in this Act shall prohibit a public or

16 private community college, college, or university from:

17 (1) prohibiting persons from carrying a firearm within

18 a vehicle owned, leased, or controlled by the college or

19 university;

20 (2) developing resolutions, regulations, or policies

21 regarding student, employee, or visitor misconduct and

22 discipline, including suspension and expulsion;

23 (3) developing resolutions, regulations, or policies

24 regarding the storage or maintenance of firearms, which

25 must include designated areas where persons can park

26 vehicles that carry firearms; and

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1 (4) permitting the carrying or use of firearms for the

2 purpose of instruction and curriculum of officially

3 recognized programs, including but not limited to military

4 science and law enforcement training programs, or in any

5 designated area used for hunting purposes or target

6 shooting.

7 (a-10) The owner of private real property of any type may

8 prohibit the carrying of concealed firearms on the property

9 under his or her control. The owner must post a sign in

10 accordance with subsection (d) of this Section indicating that

11 firearms are prohibited on the property, unless the property is

12 a private residence.

13 (b) Notwithstanding subsections (a), (a-5), and (a-10) of

14 this Section except under paragraph (22) or (23) of subsection

15 (a), any licensee prohibited from carrying a concealed firearm

16 into the parking area of a prohibited location specified in

17 subsection (a), (a-5), or (a-10) of this Section shall be

18 permitted to carry a concealed firearm on or about his or her

19 person within a vehicle into the parking area and may store a

20 firearm or ammunition concealed in a case within a locked

21 vehicle or locked container out of plain view within the

22 vehicle in the parking area. A licensee may carry a concealed

23 firearm in the immediate area surrounding his or her vehicle

24 within a prohibited parking lot area only for the limited

25 purpose of storing or retrieving a firearm within the vehicle's

26 trunk, provided the licensee ensures the concealed firearm is

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1 unloaded prior to exiting the vehicle. For purposes of this

2 subsection, "case" includes a glove compartment or console that

3 completely encloses the concealed firearm or ammunition, the

4 trunk of the vehicle, or a firearm carrying box, shipping box,

5 or other container.

6 (c) A licensee shall not be in violation of this Section

7 while he or she is traveling along a public right of way that

8 touches or crosses any of the premises under subsection (a),

9 (a-5), or (a-10) of this Section if the concealed firearm is

10 carried on his or her person in accordance with the provisions

11 of this Act or is being transported in a vehicle by the

12 licensee in accordance with all other applicable provisions of

13 law.

14 (c-5) Notwithstanding subsections (a), (a-5), and (a-10)

15 of this Section except under paragraph (22) or (23) of

16 subsection (a), a licensee who is a State's Attorney prohibited

17 from carrying a concealed firearm into an area of a prohibited

18 location specified in subsection (a), (a-5), or (a-10) of this

19 Section shall be permitted to carry a concealed firearm on or

20 about his or her person if he or she has completed the required

21 training to be qualified to carry a firearm as a peace officer,

22 notwithstanding that he or she is not otherwise certified as a

23 sworn peace officer.

24 (d) Signs stating that the carrying of firearms is

25 prohibited shall be clearly and conspicuously posted at the

26 entrance of a building, premises, or real property specified in

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1 this Section as a prohibited area, unless the building or

2 premises is a private residence. Signs shall be of a uniform

3 design as established by the Department and shall be 4 inches

4 by 6 inches in size. The Department shall adopt rules for

5 standardized signs to be used under this subsection.

6 (Source: P.A. 98-63, eff. 7-9-13.)

7 (430 ILCS 66/75)

8 Sec. 75. Applicant firearm training.

9 (a) Within 60 days of the effective date of this Act, the

10 Department shall begin approval of firearm training courses and

11 shall make a list of approved courses available on the

12 Department's website.

13 (b) An applicant for a new license shall provide proof of

14 completion of a firearms training course or combination of

15 courses approved by the Department of at least 16 hours, which

16 includes range qualification time under subsection (c) of this

17 Section, that covers the following:

18 (1) firearm safety;

19 (2) the basic principles of marksmanship;

20 (3) care, cleaning, loading, and unloading of a

21 concealable firearm;

22 (4) all applicable State and federal laws relating to

23 the ownership, storage, carry, and transportation of a

24 firearm; and

25 (5) instruction on the appropriate and lawful

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1 interaction with law enforcement while transporting or

2 carrying a concealed firearm.

3 (c) An applicant for a new license shall provide proof of

4 certification by a certified instructor that the applicant

5 passed a live fire exercise with a concealable firearm

6 consisting of:

7 (1) a minimum of 30 rounds; and

8 (2) 10 rounds from a distance of 5 yards; 10 rounds

9 from a distance of 7 yards; and 10 rounds from a distance

10 of 10 yards at a B-27 silhouette target approved by the

11 Department.

12 (d) An applicant for renewal of a license shall provide

13 proof of completion of a firearms training course or

14 combination of courses approved by the Department of at least 3

15 hours.

16 (e) A certificate of completion for an applicant's firearm

17 training course shall not be issued to a student who:

18 (1) does not follow the orders of the certified

19 firearms instructor;

20 (2) in the judgment of the certified instructor,

21 handles a firearm in a manner that poses a danger to the

22 student or to others; or

23 (3) during the range firing portion of testing fails to

24 hit the target with 70% of the rounds fired.

25 (f) An instructor shall maintain a record of each student's

26 performance for at least 5 years, and shall make all records

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1 available upon demand of authorized personnel of the

2 Department.

3 (g) The Department and certified firearms instructors

4 shall recognize up to 8 hours of training already completed

5 toward the 16 hour training requirement under this Section if

6 the training course is submitted to and approved by the

7 Department. Any remaining hours that the applicant completes

8 must at least cover the classroom subject matter of paragraph

9 (4) of subsection (b) of this Section, and the range

10 qualification in subsection (c) of this Section.

11 (h) A person who has qualified to carry a firearm as an

12 active law enforcement or corrections officer, who has

13 successfully completed firearms training as required by his or

14 her law enforcement agency and is authorized by his or her

15 agency to carry a firearm; a person currently certified as a

16 firearms instructor by this Act or by the Illinois Law

17 Enforcement Training Standards Board; ~~or~~ a person who has

18 completed the required training and has been issued a firearm

19 control card by the Department of Financial and Professional

20 Regulation; or a sworn State's Attorney or Assistant State's

21 Attorney authorized by the State's Attorney, who has completed

22 the required training to be qualified to carry a firearm as a

23 peace officer shall be exempt from the requirements of this

24 Section.

25 (i) The Department and certified firearms instructors

26 shall recognize 8 hours of training as completed toward the 16

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1 hour training requirement under this Section, if the applicant

2 is an active, retired, or honorably discharged member of the

3 United States Armed Forces. Any remaining hours that the

4 applicant completes must at least cover the classroom subject

5 matter of paragraph (4) of subsection (b) of this Section, and

6 the range qualification in subsection (c) of this Section.

7 (j) The Department and certified firearms instructors

8 shall recognize up to 8 hours of training already completed

9 toward the 16 hour training requirement under this Section if

10 the training course is approved by the Department and was

11 completed in connection with the applicant's previous

12 employment as a law enforcement or corrections officer. Any

13 remaining hours that the applicant completes must at least

14 cover the classroom subject matter of paragraph (4) of

15 subsection (b) of this Section, and the range qualification in

16 subsection (c) of this Section. A former law enforcement or

17 corrections officer seeking credit under this subsection (j)

18 shall provide evidence that he or she separated from employment

19 in good standing from each law enforcement agency where he or

20 she was employed. An applicant who was discharged from a law

21 enforcement agency for misconduct or disciplinary reasons is

22 not eligible for credit under this subsection (j).

23 (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.)

24 Section 99. Effective date. This Act takes effect upon

25 becoming law.