100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 SB2048

Introduced 2/10/2017, by Sen. Chuck Weaver

SYNOPSIS AS INTRODUCED:

225 ILCS 447/35-35

Amends the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. Provides that the Department of Financial and Professional Regulation shall issue a firearm control card to an elected or appointed State's Attorney or the State's Attorney's designated assistant who has passed an approved firearm training course, has met all the requirements of the Act, and possesses a valid firearm owner identification card. Provides that the circuit or associate judge of each county may be issued a firearm control card by the Department of Financial and Professional Regulation if appropriate training and requirements are met in the Act.

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FISCAL NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning regulation.

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

3 represented in the General Assembly:

4 Section 5. The Private Detective, Private Alarm, Private

5 Security, Fingerprint Vendor, and Locksmith Act of 2004 is

6 amended by changing Section 35-35 as follows:

7 (225 ILCS 447/35-35)

8 (Section scheduled to be repealed on January 1, 2024)

9 Sec. 35-35. Requirement of a firearm control card.

10 (a) No person shall perform duties that include the use,

11 carrying, or possession of a firearm in the performance of

12 those duties without complying with the provisions of this

13 Section and having been issued a valid firearm control card by

14 the Department.

15 (b) No employer shall employ any person to perform the

16 duties for which licensure or employee registration is required

17 and allow that person to carry a firearm unless that person has

18 complied with all the firearm training requirements of this

19 Section and has been issued a firearm control card. This Act

20 permits only the following to carry firearms while actually

21 engaged in the performance of their duties or while commuting

22 directly to or from their places of employment: persons

23 licensed as private detectives and their registered employees;

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1 persons licensed as private security contractors and their

2 registered employees; persons licensed as private alarm

3 contractors and their registered employees; and employees of a

4 registered armed proprietary security force.

5 (c) Possession of a valid firearm control card allows a

6 licensee or employee to carry a firearm not otherwise

7 prohibited by law while the licensee or employee is engaged in

8 the performance of his or her duties or while the licensee or

9 employee is commuting directly to or from the licensee's or

10 employee's place or places of employment.

11 (d) The Department shall issue a firearm control card to a

12 person who has passed an approved firearm training course, who

13 is currently licensed or employed by an agency licensed by this

14 Act and has met all the requirements of this Act, and who

15 possesses a valid firearm owner identification card.

16 Application for the firearm control card shall be made by the

17 employer to the Department on forms provided by the Department.

18 The Department shall forward the card to the employer who shall

19 be responsible for its issuance to the licensee or employee.

20 The firearm control card shall be issued by the Department and

21 shall identify the person holding it and the name of the course

22 where the licensee or employee received firearm instruction and

23 shall specify the type of weapon or weapons the person is

24 authorized by the Department to carry and for which the person

25 has been trained.

26 (d-5) The Department shall issue a firearm control card to

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1 a person who has passed an approved firearm training course, is

2 an elected or appointed State's Attorney or the State's

3 Attorney's designated assistant, has met all the requirements

4 of this Act, and possesses a valid firearm owner identification

5 card. Application for the firearm control card shall be made by

6 the State's Attorney to the Department on forms provided by the

7 Department. The Department shall forward the card to the

8 State's Attorney, who shall be responsible for its issuance to

9 the licensee. The firearm control card shall be issued by the

10 Department and shall identify the person holding it and the

11 name of the course where the licensee received firearm

12 instruction and shall specify the type of weapon or weapons the

13 person is authorized by the Department to carry and for which

14 the person has been trained.

15 (d-10) The Department shall issue a firearm control card to

16 a person who has passed an approved firearm training course, is

17 a circuit or associate judge, has met all the requirements of

18 this Act, and possesses a valid firearm owner identification

19 card. Application for the firearm control card shall be made by

20 the circuit or associate judge to the Department on forms

21 provided by the Department. The firearm control card shall be

22 issued by the Department and shall identify the person holding

23 it and the name of the course where the licensee received

24 firearm instruction and shall specify the type of weapon or

25 weapons the person is authorized by the Department to carry and

26 for which the person has been trained.

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1 (e) Expiration and requirements for renewal of firearm

2 control cards shall be determined by rule.

3 (f) The Department may, in addition to any other

4 disciplinary action permitted by this Act, refuse to issue,

5 suspend, or revoke a firearm control card if the applicant or

6 holder has been convicted of any felony or crime involving the

7 illegal use, carrying, or possession of a deadly weapon or for

8 a violation of this Act or rules promulgated under this Act.

9 The Department shall refuse to issue or shall revoke a firearm

10 control card if the applicant or holder fails to possess a

11 valid firearm owners identification card without hearing. The

12 Secretary shall summarily suspend a firearm control card if the

13 Secretary finds that its continued use would constitute an

14 imminent danger to the public. A hearing shall be held before

15 the Board within 30 days if the Secretary summarily suspends a

16 firearm control card.

17 (g) Notwithstanding any other provision of this Act to the

18 contrary, all requirements relating to firearms control cards

19 do not apply to a peace officer.

20 (h) The Department may issue a temporary firearm control

21 card pending issuance of a new firearm control card upon an

22 agency's acquiring of an established armed account. An agency

23 that has acquired armed employees as a result of acquiring an

24 established armed account may, on forms supplied by the

25 Department, request the issuance of a temporary firearm control

26 card for each acquired employee who held a valid firearm

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1 control card under his or her employment with the newly

2 acquired established armed account immediately preceding the

3 acquiring of the account and who continues to meet all of the

4 qualifications for issuance of a firearm control card set forth

5 in this Act and any rules adopted under this Act. The

6 Department shall, by rule, set the fee for issuance of a

7 temporary firearm control card.

8 (i) The Department shall not issue a firearm control card

9 to a licensed fingerprint vendor or a licensed locksmith or

10 employees of a licensed fingerprint vendor agency or a licensed

11 locksmith agency.

12 (Source: P.A. 98-253, eff. 8-9-13.)