99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 SB1637

Introduced 2/20/2015, by Sen. Sue Rezin

SYNOPSIS AS INTRODUCED:

430 ILCS 66/65

Amends the Firearm Concealed Carry Act. Provides that the prohibition on carrying a concealed firearm into a courthouse does not apply to a licensee who is a circuit or associate judge, State's Attorney, or Assistant State's Attorney; provided that the judge, State's Attorney, or Assistant State's Attorney does not carry a concealed firearm at any time while in a courtroom. Provides that the firearm, when it is not carried on the person of the judge, State's Attorney, or Assistant State's Attorney, shall be stored in a secure area in a locked compartment designated by the sheriff, or if in a building only under the control of the court in a locked compartment designated by the chief judge or resident judge.

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A BILL FOR

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1 AN ACT concerning safety.

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

3 represented in the General Assembly:

4 Section 5. The Firearm Concealed Carry Act is amended by

5 changing Section 65 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

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1 building under the control of an officer of the executive

2 or legislative branch of government, provided that nothing

3 in this paragraph shall prohibit a licensee from carrying a

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

5 in a park regulated by the Department of Natural Resources

6 or any other designated public hunting area or building

7 where firearm possession is permitted as established by the

8 Department of Natural Resources under Section 1.8 of the

9 Wildlife Code.

10 (4) Any building designated for matters before a

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

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

13 the Supreme Court. This paragraph (4) does not apply to a

14 licensee who is a circuit or associate judge, State's

15 Attorney, or Assistant State's Attorney; provided that the

16 judge, State's Attorney, or Assistant State's Attorney

17 does not carry a concealed firearm at any time while in a

18 courtroom. The firearm, when it is not carried on the

19 person of the judge, State's Attorney, or Assistant State's

20 Attorney, shall be stored in a secure area in a locked

21 compartment designated by the sheriff, or if in a building

22 only under the control of the court in a locked compartment

23 designated by the chief judge or resident judge.

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

25 control of a unit of local government.

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

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1 the control of an adult or juvenile detention or

2 correctional institution, prison, or jail.

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

4 the control of a public or private hospital or hospital

5 affiliate, mental health facility, or nursing home.

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

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

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

9 public transportation facility paid for in whole or in part

10 with public funds.

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

12 the control of an establishment that serves alcohol on its

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

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

15 alcohol. The owner of an establishment who knowingly fails

16 to prohibit concealed firearms on its premises as provided

17 in this paragraph or who knowingly makes a false statement

18 or record to avoid the prohibition on concealed firearms

19 under this paragraph is subject to the penalty under

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

21 of 1934.

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

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

24 permit from the unit of local government, provided this

25 prohibition shall not apply to a licensee who must walk

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

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1 residence, place of business, or vehicle.

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

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

4 1-3.17.1 of the Liquor Control Act during the time

5 designated for the sale of alcohol by the Special Event

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

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

8 Control Act during the time designated for the sale of

9 alcohol by the Special use permit license.

10 (12) Any public playground.

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

12 facility under the control of a municipality or park

13 district, provided nothing in this Section shall prohibit a

14 licensee from carrying a concealed firearm while on a trail

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

16 includes a public park.

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

18 County Forest Preserve District.

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

20 clinic, hospital, artistic venue, athletic venue,

21 entertainment venue, officially recognized

22 university-related organization property, whether owned or

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

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

25 or private community college, college, or university.

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

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1 the control of a gaming facility licensed under the

2 Riverboat Gambling Act or the Illinois Horse Racing Act of

3 1975, including an inter-track wagering location licensee.

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

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

6 collegiate or professional sporting event.

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

8 the control of a public library.

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

10 the control of an airport.

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

12 the control of an amusement park.

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

14 the control of a zoo or museum.

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

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

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

18 or facility regulated by the federal Nuclear Regulatory

19 Commission. The licensee shall not under any circumstance

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

21 compartment or container within a vehicle located anywhere

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

23 building, or facility described in this paragraph.

24 (23) Any area where firearms are prohibited under

25 federal law.

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

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1 private community college, college, or university from:

2 (1) prohibiting persons from carrying a firearm within

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

4 university;

5 (2) developing resolutions, regulations, or policies

6 regarding student, employee, or visitor misconduct and

7 discipline, including suspension and expulsion;

8 (3) developing resolutions, regulations, or policies

9 regarding the storage or maintenance of firearms, which

10 must include designated areas where persons can park

11 vehicles that carry firearms; and

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

13 purpose of instruction and curriculum of officially

14 recognized programs, including but not limited to military

15 science and law enforcement training programs, or in any

16 designated area used for hunting purposes or target

17 shooting.

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

19 prohibit the carrying of concealed firearms on the property

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

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

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

23 a private residence.

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

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

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

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1 into the parking area of a prohibited location specified in

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

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

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

5 firearm or ammunition concealed in a case within a locked

6 vehicle or locked container out of plain view within the

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

8 firearm in the immediate area surrounding his or her vehicle

9 within a prohibited parking lot area only for the limited

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

11 trunk, provided the licensee ensures the concealed firearm is

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

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

14 completely encloses the concealed firearm or ammunition, the

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

16 or other 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

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

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

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

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

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

6 standardized signs to be used under this subsection.

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