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Friday, May 25, 2012

This law was passed and went into effect Jan 1 2012 So every Sheriff's office has to issue

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012
SB2150

Introduced 2/10/2011, by Sen. Wm. Sam McCann
SYNOPSIS AS INTRODUCED:
 
New Act
50 ILCS 705/10.6 new
720 ILCS 5/24-2
    Creates the Illinois License to Carry Firearms for Self-Defense Act. Authorizes the county sheriff to issue licenses to carry concealed firearms to persons at least 21 years of age who meet certain requirements. Requires an applicant for a license to have completed specified training requirements developed by the Illinois Law Enforcement Training Standards Board consisting of classroom instruction and live firing exercises. Preempts home rule. Amends the Illinois Police Training Act and the Criminal Code of 1961 to make conforming changes. Effective January 1,2012.

AN ACT concerning firearms. 
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly: 
 
4    Section 1. Short title. This Act may be cited as the
5Illinois License to Carry Firearms for Self-Defense Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Board" means the Illinois Law Enforcement Training
8Standards Board.
9    "Concealed firearm" means a handgun carried on or about a
10person completely or mostly concealed from view of the public,
11or carried in a vehicle in such a way as it is concealed from
12view of the public.
13    "Fund" means the County License to Carry Firearms for
14Self-Defense Trust Fund in each county.
15    "Handgun" has the meaning ascribed to it in paragraph (h)
16of subsection (A) of Section 24-3 of the Criminal Code of 1961.
17    "License" means a license to carry a concealed firearm
18issued by the county sheriff.
19    "Licensee" means a person who is issued a license to carry
20a concealed firearm by the county sheriff. 
 
21    Section 10. Licensee for concealed firearms. The county
22sheriff is authorized to issue licenses to carry concealed

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1firearms to persons qualified as provided in this Act. Licenses
2to carry concealed firearms shall be valid throughout the State
3for a period of 3 years from the date of issuance. Any person
4in compliance with the terms of the license may carry concealed
5firearms on or about his or her person. The licensee shall
6carry the license at all times the licensee is carrying a
7concealed firearm and shall display the license upon the
8request of a law enforcement officer.
 
9    Section 15. Application for license and qualifications of
10applicants.
11    (a) An applicant for a license shall obtain the application
12from the sheriff of the county in which the applicant resides.
13The completed application and all accompanying material plus an
14application fee of $100 for a new license or $75 for a renewal
15shall be presented to the office of the sheriff of the county
16in which the applicant resides.
17    The sheriff shall evaluate the application and
18accompanying material, and within 30 days, the sheriff shall
19either issue or deny the license.
20    (b) The sheriff, upon a person's application for a
21concealed firearms license, upon receipt of the appropriate
22fees, and after compliance with the procedures set out in this
23Section, shall issue the applicant a concealed firearms license
24if the person:
25        (i) is at least 21 years of age;

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1        (ii) resides within the State of Illinois and has been
2    a resident for the last 6 months (except the 6 months shall
3    be waived for members of the Armed Forces) and is a
4    permanent resident of the United States;
5        (iii) has a valid Firearm Owner's Identification Card;
6        (iv) Has not been convicted of a crime punishable by
7    imprisonment for a term exceeding one year, or of a
8    misdemeanor evidencing violence, is not free on any form of
9    bond or pretrial release for a felony or a misdemeanor
10    evidencing violence, and has no outstanding warrants for
11    those crimes;
12        (v) Has no record of mental disease or mental illness
13    on file that would evidence incapacity, or lack of proper
14    mental capacity;
15        (vi) Has not been committed to a state or federal
16    facility for the abuse of a controlled substance,
17    methamphetamine, or cannabis and has not been convicted of
18    a misdemeanor violation of the Illinois Controlled
19    Substances Act or Cannabis Control Act or similar laws of
20    any other state relating to controlled substances or
21    cannabis within a 10 year period immediately preceding the
22    date on which the application is submitted; and
23        (vii) Does not chronically and habitually use
24    alcoholic beverages as evidenced by the applicant having 2
25    or more convictions for violating Section 11-501 of the
26    Illinois Vehicle Code or a similar provision of a local

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1    ordinance within 5 years preceding his or her application
2    or the applicant having elected treatment under the
3    supervision of a licensed program in accordance with the
4    Alcoholism and Other Drug Abuse and Dependency Act or
5    similar laws of any other state within a 5 year period
6    immediately preceding the date on which the application is
7    submitted. 
 
8    Section 20. Contents of application. The initial
9application shall be in writing, under oath and under the
10penalties of perjury, on a standard form promulgated by the
11sheriff and shall be accompanied by the appropriate fees and
12required documentation. The application shall only contain or
13require the following information:
14        (i) the applicant's name, address, gender, race, date
15    and place of birth, and driver license or State
16    identification card number;
17        (ii) an affirmation that the applicant is at least 21
18    years of age and that the applicant possesses a currently
19    valid Illinois Firearm Owner's Identification Card,
20    together with the card number and a photocopy of the
21    Firearm Owner's Identification Card;
22        (iii) a full set of legible fingerprints of the
23    applicant taken by any federal, State, county or municipal
24    law enforcement agency. Any cost of fingerprinting shall be
25    paid by the applicant. The State, county or local law

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1    enforcement agencies may not charge more than $10 to
2    fingerprint an applicant;
3        (iv) a head and shoulder color photograph taken within
4    30 days preceding the date on which the application is
5    submitted;
6        (v) questions to certify or demonstrate that the
7    applicant has completed the firearms and deadly use of
8    force training and education prerequisites specified under
9    this Act and a photocopy of a certificate or other evidence
10    of completion of a course to show compliance;
11        (vi) a statement that the applicant is a resident of
12    the State of Illinois and has been a resident for the last
13    6 months (except the 6 months shall be waived for members
14    of the Armed Forces) and is a permanent resident of the
15    United States;
16        (vii) a waiver of privacy and confidentiality rights
17    and privileges enjoyed by the applicant under all federal
18    and state laws governing justice, psychological, or
19    psychiatric records, or access to records relating to the
20    applicant's history of juvenile court, or criminal
21    institutionalization, and an affirmative request that any
22    person having custody of any such record provide it or
23    information concerning it to the sheriff;
24        (viii) an affirmation that the applicant has never been
25    convicted of any felony or of a misdemeanor involving the
26    use or threat of physical force or violence to any person;

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1    and has never been adjudicated a delinquent minor for an
2    offense which, had he or she been tried as an adult, would
3    have been such a felony or misdemeanor. The application
4    shall also contain the following statement along with a
5    signature line for use by the applicant, which statement
6    the applicant shall affirm under oath: "I, the undersigned,
7    state, under oath and subject to the penalty of perjury,
8    that I am not a streetgang member as defined in Section 10
9    of the Illinois Streetgang Terrorism Omnibus Prevention
10    Act, and I will not join or become associated with a
11    criminal streetgang."; and
12        (ix) a conspicuous warning that false statements made
13    by the applicant will result in prosecution for perjury in
14    accordance with Section 32-2 of the Criminal Code of 1961. 
 
15    Section 25. Fees. Fees collected under this Act and
16deposited into the County License to Carry Firearms for
17Self-Defense Trust Fund shall be used exclusively by the
18sheriff for administrating the provisions of this Act. Any
19excess monies in the Fund may be used to ensure the prompt and
20efficient processing of applications received under Section 20
21of this Act. The application fee shall be retained by the
22office of the sheriff for official expenses of the office
23associated with this Act.
24    Fees for a concealed firearms license shall be:
25    New license..$100

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1    Renewal..$75
2    Duplicate of a lost or destroyed license..$25
3    Corrected license due to change of address or name..$25
4    Late renewal fee..$25 
 
5    Section 30. Approval of application.
6    (a) If the sheriff finds that the applicant possesses a
7valid Firearm Owner's Identification Card, meets the training
8requirements of this Act, and has provided the documentation
9and paid the fees required for issuance of a concealed firearms
10license, and that, as nearly as it is possible to determine,
11nothing in the applicant's background or present circumstances
12disqualify him or her from possessing a firearm in Illinois,
13the Sheriff shall approve the application and issue the
14applicant a wallet sized license bearing the photograph, name,
15and address of the applicant and identifying the office issuing
16the license within 30 days.
17    (b) The sheriff may consider an objection or recommendation
18made by the sheriff or municipal police department supported by
19specific and articulable reasons, in a written report, why the
20applicant should be denied a license and may deny the license
21based solely on those objections. If the objection contains
22false, malicious or inaccurate information, the sheriff or
23municipal police department filing the objection shall bear all
24of the applicant's costs if the applicant prevails in an
25appeal.

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1    (c) If the applicant is found to be ineligible, the sheriff
2shall deny the application, and notify the applicant in
3writing, stating the grounds for denial and informing the
4applicant of the right to submit, within 30 days, any
5additional documentation relating to the grounds of the denial.
6Upon receiving any additional documentation, the sheriff shall
7reconsider his or her decision and inform the applicant within
830 days of the result of the reconsideration. The applicant
9shall be informed of the right to appeal the denial in the
10circuit court of his or her place of residence. 
 
11    Section 35. Revocation of a license. A license issued under
12Section 30 shall be suspended or revoked if the license holder
13becomes ineligible to be issued a license under the criteria
14set forth in paragraph (i), (ii), (iii), (iv), (v), (vi), or
15(vii) of Section 20 or subsection (b) of Section 30 of this
16Act.
17    When an order of protection is issued under Section 112A-14
18of the Code of Criminal Procedure of 1963 or under Section 214
19of the Illinois Domestic Violence Act of 1986 against a person
20holding a license issued under this Act, the holder of the
21license shall surrender the license to the court or to the
22officer serving the order. The officer to whom the license is
23surrendered shall forthwith transmit the license to the court
24issuing the order. The license shall be suspended until the
25order is terminated.
 

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1    Section 40. Notification of renewal. Not later than 120
2days before the expiration of any license issued under this
3Act, the sheriff shall notify the license holder in writing of
4the expiration and furnish an application for renewal of the
5license.
 
6    Section 45. Renewal of license.
7     (a) The license shall be renewed for a qualified applicant
8upon receipt of the properly completed renewal application and
9required renewal fee. The renewal application shall contain the
10same required information as set forth in paragraphs (i)
11through (ix) of Section 20, except that in lieu of the firearm
12education and use of deadly force training, the applicant need
13only demonstrate previous issuance of and continued
14eligibility for a concealed firearms license.
15    (b) A licensee who fails to file a renewal application on
16or before its expiration date must pay an additional late fee
17of $25. A person who fails to renew his or her application
18within 6 months after its expiration must reapply for a new
19license and pay the fee for a new application. 
 
20    Section 50. Change of address, change of name, and lost or
21destroyed licenses.
22    (a) Within 30 days after changing his or her permanent
23residence, and within 30 days after loss or destruction of a

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1concealed firearms license, the licensee shall notify the
2sheriff and the Department of State Police of the loss,
3destruction, change of name, or change of residence. Failure to
4notify the Department of State Police shall constitute a
5noncriminal violation with a penalty of $25 payable to the
6Department of State Police.
7    (b) If a person issued a license to carry a concealed
8firearm changes residence within this State, or changes his or
9her name, the person to whom the license was issued may, upon
10payment of $25 and presentation of their current license to the
11sheriff, obtain a corrected concealed firearms license with a
12change of address or change of name upon furnishing a notarized
13statement to the sheriff that the licensee has changed
14residence or his or her name, and upon submission of an
15application as set forth in paragraph (i) of Section 20 and a
16photograph as set forth in paragraph (iv) of Section 20. A
17concealed firearms license shall be automatically invalid
18after 30 days if the licensee has not notified the Department
19of State Police of a change of residence. A license corrected
20under this subsection shall be issued written in 48 hours.
21    (c) If a license to carry a concealed firearm is lost or
22destroyed, the license shall be automatically invalid, and the
23person to whom the license was issued may obtain a duplicate,
24upon payment of $25 to the sheriff and furnishing a notarized
25statement to the sheriff that the license was lost or
26destroyed, and submission of an application as set forth in

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1paragraph (i) of Section 20 and a photograph as set forth in
2paragraph (iv) of Section 20. 
 
3    Section 55. Automated listing.
4    (a) At least once per month, the sheriff shall transmit a
5listing of all individuals to whom the Sheriff has issued or
6revoked a license under this Act. That listing shall contain
7the name, address, gender, race, date and place of birth, and
8driver license or State identification card number.
9    (b) The Department of State Police shall maintain an
10automated listing of license holders, and this information
11shall be available on-line, upon request, at all times to all
12Illinois law enforcement agencies. Except as provided in this
13Act, information on applications for licenses, names and
14addresses, or other identifying information relating to
15license holders shall be confidential and shall not be made
16available except to law enforcement agencies. 
 
17    Section 60. Privacy of license holders and applicants.
18Except as provided in this Section, information on applications
19for licenses, names and addresses, or other identifying
20information relating to license holders shall be confidential,
21not subject to the Illinois Freedom of Information Act, and
22shall not be made available except to law enforcement agencies
23or as otherwise provided in this Section.
24    Requests for information about any license holder or

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1applicant made by persons other than a bona fide law
2enforcement agency shall be made in writing together with any
3fee required for providing the information.
4    No State or local law enforcement agency shall provide a
5list of names of any or all license holders or applicants in
6the State of Illinois or a county, except that the Department
7of State Police or sheriff may, upon proper application and the
8payment of the required fee, provide to the requester, in
9written form only, confirmation that an individual has or has
10not been issued, applied for, or denied a license, or had a
11license revoked under this Act. No identifying information
12other than the name shall be provided.
13    Only the Department of State Police or sheriff may provide
14statistical information on:
15        (i) the number of licenses or applicants issued or
16    received;
17        (ii) the race, age, or gender of those issued licenses
18    or applicants;
19        (iii) the county of residence of those issued licenses
20    or applicants;
21        (vi) the number of licenses revoked and for what
22    reason.
23    Nothing in this Section shall prevent any law enforcement
24agency from releasing information about an individual as part
25of a criminal investigation.
26    The names of all persons, other than law enforcement

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1agencies and peace officers, requesting information under this
2Section shall be public records. No other agency of government
3other than the Department of State Police or sheriff shall
4provide any information to a requester not entitled to it by
5law. 
 
6    Section 65. Concealed firearms license.
7    (a) A concealed firearm license shall authorize the person
8in whose name the license is issued to carry concealed firearms
9on or about his or her person or vehicle throughout the State.
10No license issued under this Section shall authorize any person
11to carry a concealed firearm into or upon:
12        (i) Any state or local police or sheriff's office or
13    station without the consent of the chief law enforcement
14    officer in charge of that office or station.
15        (ii) The facility of any adult or juvenile detention or
16    correctional institution, prison, or jail.
17        (iii) Any courthouse solely occupied by the Circuit,
18    Appellate, or Supreme Court or a courtroom of any of those
19    courts, or court proceeding.
20        (iv) Any meeting of the governing body of a unit of
21    local government; or any meeting of the General Assembly or
22    a committee of the General Assembly.
23        The General Assembly or a county or municipality may by
24    statute or ordinance prohibit or limit the carrying of
25    concealed firearms by license holders in that portion of a

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1    building owned, leased or controlled by that unit of
2    government. That portion of a building in which the
3    carrying of concealed firearms is prohibited or limited
4    shall be clearly identified by signs conspicuously posted
5    at each entrance to the restricted area. The statute or
6    ordinance shall exempt any building used for public housing
7    by private persons, highways or rest areas, firing ranges,
8    and private dwellings owned, leased, or controlled by that
9    unit of government from any restriction on the carrying or
10    of possession of a firearm. The statute or ordinance shall
11    not specify any criminal penalty for its violation but may
12    specify that persons violating the statute or ordinance may
13    be denied entrance to the building, ordered to leave the
14    building and if the employees of the unit of government, be
15    subjected to disciplinary measures for violation of the
16    provisions of the statute or ordinance. The provisions of
17    this Section shall not apply to any other unit of
18    government.
19        (v) Any portion of an establishment licensed to
20    dispense beer or alcoholic beverages for consumption on the
21    premises, which portion of the establishment is primarily
22    devoted to that purpose.
23        This paragraph (v) does not apply to any bona fide
24    restaurant open to the general public having dining
25    facilities for at least 25 persons and that receives at
26    least 50% of its gross annual income from the dining

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1    facilities by the sale of food.
2        (vi) Any area of an airport to which access is
3    controlled by the inspection of persons and property.
4        (vii) Any place where the carrying of a firearm is
5    prohibited by federal law.
6        (viii) Inside any elementary or secondary school
7    facility without the consent of school authorities.
8        (ix) Any portion of a building used as a child care
9    facility without the consent of the manager. Nothing in
10    this Section shall prevent the operator of a child care
11    facility in a family home from owning or possessing a
12    firearm or license.
13        (x) A riverboat gambling operation or horse racing
14    facility accessible by the public.
15        (xi) Any gated area of an amusement park.
16        (xii) Any stadium, arena, or collegiate or
17    professional sporting event.
18        (xiii) A church or other place of religious worship.
19    A violation of this subsection (a) is a Class A
20misdemeanor.
21    A concealed firearm license does not authorize the
22concealed carrying or transportation of a stun gun or taser.
23    (b) The owner, business or commercial lessee, manager of a
24private business enterprise, or any other organization,
25entity, or person in control of a premises may prohibit persons
26holding a license for concealed firearms from carrying

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1concealed firearms on the premises and may prohibit employees,
2not under a collective bargaining agreement, not authorized by
3the employer, holding a license for concealed firearms from
4carrying concealed firearms on the property of the employer. If
5the building or the premises are open to the public, the
6employer of the business enterprise shall post conspicuous
7signs on or about the premises notifying the public that
8carrying a concealed firearm is prohibited. Possession of a
9firearm in a vehicle on the premises shall not be a criminal
10offense so long as the firearm is not removed from the vehicle
11or brandished while the vehicle is on the premises. An employer
12may prohibit employees, not under a collective bargaining
13agreement, or other persons holding a license for a concealed
14firearm from carrying a concealed firearm in vehicles owned by
15the employer. Carrying of a concealed firearm in a location
16specified in this subsection by a license holder shall not be a
17criminal offense but may subject the person to denial to the
18premises or removal from the premises.
 
19    Section 70. Immunity of sheriff, employees, and agents. The
20office of the sheriff, or any employee or agent of the sheriff,
21shall not be liable for damages in any civil action arising
22from alleged wrongful or improper granting, renewing, or
23failure to revoke licenses issued under this Act. The office of
24the sheriff or any employee or agent of the office of the
25sheriff shall not be liable for submitting specific and

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1articulable reasons why an applicant should be denied a
2license, unless the objection contains false, malicious or
3inaccurate information.
 
4    Section 75. Applicant training.
5    (a) The applicant training course shall be the standardized
6training course furnished by the Board and taught by a
7qualified firearms instructor, consisting of:
8        (1) Eight hours of classroom instruction, covering at
9    least the following topics:
10            (i) handgun safety in the classroom, at home, on
11        the firing range and while carrying the firearm;
12            (ii) the basic principles of marksmanship;
13            (iii) care and cleaning of handguns;
14            (iv) by means of a videotape produced or approved
15        by the Board:
16                (A) the requirements for obtaining a concealed
17            firearms license in this State;
18                (B) laws relating to firearms as prescribed in
19            the Firearm Owners Identification Card Act,
20            Article 24 of the Criminal Code of 1961, and 18
21            U.S.C. 921 through 930; and
22                (C) laws relating to the justifiable use of
23            force as prescribed in Article 7 of the Criminal
24            Code of 1961;
25            (v) a written exam not to exceed 100 questions

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1        testing the knowledge of the applicant on the subject
2        matter covered in the course.
3        (2) Live firing exercises of sufficient duration for
4    each applicant to fire a handgun:
5            (i) from a standing position;
6            (ii) a minimum of 20 rounds;
7            (iii) at a distance of 7 yards from a B-21
8        silhouette target, or an equivalent as approved by the
9        Board.
10    (b) The classroom portion of the course may be, at the
11qualified firearms instructor's discretion, divided into
12segments of not less than 2 hours each.
13    (c)(1) An applicant training course shall not be open to
14persons who are less than 21 years of age.
15    (2) Applicant training course students shall complete a
16course application form, which shall include a statement
17acknowledging receipt of copies of pertinent statutory
18provisions listed in clauses (A), (B), and (C) of subparagraph
19(iv) of paragraph (1) of subsection (a) and a liability waiver.
20    (3) The course application form may be obtained from the
21qualified firearms instructor at the time of the course.
22    (d) At the conclusion of the classroom portion of the
23applicant training course, the qualified firearms instructor
24shall:
25        (1) distribute a standard course examination to the
26    students;

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1        (2) not leave the room in which the examination is
2    being held while the examination is in progress;
3        (3) collect examination booklets and answer sheets
4    from each student at the end of the examination period;
5        (4) not grade the examinations in the presence of
6    students; and
7        (5) not divulge an applicant's numeric score on the day
8    of the examination, but the instructor may indicate whether
9    an applicant passed or failed the examination.
10    (e) A person shall not:
11        (1) Make an unauthorized copy of the applicant training
12    course examination, in whole or in part;
13        (2) Possess the applicant training course examination,
14    or questions from the examination, unless authorized by the
15    Board; or
16        (3) Divulge the contents of an applicant training
17    course examination question to another person.
18    (f)(1) Students shall provide their own safe, functional
19handgun and factory-loaded ammunition.
20    (2) Prior to conducting range firing, the certified
21firearms instructor shall:
22        (i) inspect each applicant's firearm; and
23        (ii) not allow the firing of a handgun that is not in
24    sound mechanical condition or otherwise may pose a safety
25    hazard.
26    (g) Grades of "passing" shall not be given on range work to

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1an applicant who:
2        (1) does not follow the orders of the certified
3    firearms instructor;
4        (2) in the judgment of the certified firearms
5    instructor, handles a firearm in a manner that poses a
6    danger to the applicant or to others; or
7        (3) during the testing portion of the range work fails
8    to hit the silhouette portion of the target with a majority
9    of 20 rounds.
10    (h) Certified firearms instructors shall:
11        (1) allow monitoring of their classes by officials of
12    any certifying agency;
13        (2) make all course records available upon demand to
14    authorized personnel of the Board; and
15        (3) not divulge course records except as authorized by
16    the certifying agency.
17    (i)(1) Fees for applicant training courses shall not exceed
18$125 per student.
19    (2) Qualified firearms instructors shall collect the fee
20and remit $25 of the fee to the Board.
21    (3) Fees shall not be refunded to students who fail or
22otherwise do not complete the course.
23    (j) An applicant training course shall not have more than
2440 students in the classroom portion or more than 5 students
25per range officer engaged in range firing.
26    (k) Within 3 working days after the completion of the

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1course, the certified firearms instructor shall:
2        (1) grade the examinations; and
3        (2) mail to the Board:
4            (i) the completed course application form, showing
5        the student's score on the written examination and
6        indicating whether the student passed or failed the
7        range work, and
8            (ii) the graded examinations.
9    (l) Within 15 days after receipt of the material described
10in subsection (k), the Board shall mail to the applicant:
11        (i) A certificate of successful course completion; or
12        (ii) Notification that the applicant has failed the
13    course and will not be certified.
14    (m) A student shall be issued a certificate of completion
15if he or she:
16         (i) answers at least 70% of the written examination
17    questions correctly; and
18        (ii) achieves a grade of "passing" on the range work.
19    (n)(i) Students who score below 70% on the written
20examination may retake the examination one time without having
21to retake the course.
22    (ii) Students who do not achieve a grade of "passing" on
23the range work may repeat the range work twice without having
24to retake the course.
25    (iii) Notices of failure will include information on
26whether the student failed the written exam, the range firing,

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1or both.
 
2    Section 80. Firearms instructor certification. The Board
3shall certify instructors who have met the requirements of this
4Section.
5    (a) Persons who are not certified firearms instructors
6shall not teach applicant training courses.
7    (b) Persons who are not certified firearms instructors
8shall not advertise or otherwise represent courses they teach
9as qualifying their students to meet the requirements to
10receive a license to carry concealed firearms in this State.
11    (c) Persons who are not certified instructor trainers shall
12not teach instructor qualification courses.
13    (d) Persons wishing to become certified firearms
14instructors shall:
15        (1) be at least 21 years of age;
16        (2) be a citizen of the United States; and
17        (3) meet the requirements of subsection (b) of Section
18    20. Persons wishing to become instructor trainers, in
19    addition to the other requirements of this subsection (d),
20    shall:
21            (A) possess at least a high school diploma or GED
22        certificate,
23            (B) have at least one of the following valid
24        firearms instructor certifications:
25                (I) National Rifle Association Personal

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1            Protection Instructor;
2                (II) National Rifle Association Pistol
3            Marksmanship Instructor;
4                (III) Certification from a firearms
5            instructor's course offered by a State or federal
6            governmental agency; or
7                (IV) A similar firearms instructor qualifying
8            course, approved by the Police Training Board.
9    (e)(1) Applicants shall agree to criminal history
10background checks.
11    (2) An applicant may be disqualified from becoming a
12certified instructor, or have his or her instructor
13qualification revoked if the applicant:
14        (A) does not meet the requirements of this Act to
15    possess a concealed firearms license;
16        (B) provides false or misleading information to the
17    Board; or
18        (C) has had a prior instructor qualification revoked by
19    the Board.
20    (f) The training course to certify firearms instructors and
21instructor trainers shall include:
22        (1) 16 hours of classroom instruction covering at least
23    the following topics:
24        (i) By means of a videotape produced or approved by the
25    Board:
26            (A) the requirements for obtaining a concealed

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1        firearms license in this State;
2            (B) laws relating to firearms as contained in the
3        Firearm Owners Identification Card Act, Article 24 of
4        the Criminal Code of 1961, and 18 U.S.C. 921 through
5        930;
6            (C) laws relating to the justifiable use of force
7        as contained in Article 7 of the Criminal Code of 1961;
8            (D) the conduct of applicant training courses;
9            (E) record-keeping requirements of this Act;
10            (F) the basic nomenclature of handguns;
11            (G) the basic principles of marksmanship; and
12            (H) the safe handling of handguns.
13        (2) A classroom demonstration, during which the
14    instructor candidate shall receive instruction on and
15    demonstrate competency in the ability to prepare and
16    deliver a classroom presentation using materials from the
17    applicant curriculum.
18        (3) Range instruction and firing of live ammunition,
19    during which the instructor candidate shall receive
20    instruction on and demonstrate competency in the ability
21    to:
22            (i) handle and fire a handgun safely and
23        accurately;
24            (ii) conduct a function test and safety inspection
25        of common types of handguns;
26            (iii) clean common types of handguns; and

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1            (iv) supervise and conduct live firing exercises
2        in a safe and efficient manner.
3    (g) To qualify as a certified firearms instructor or
4instructor trainer, instructor candidates shall achieve:
5        (1) A minimum score of 70% on a written examination
6    covering the material taught during the classroom portion
7    of the course;
8        (2) A minimum score of 80% on range firing of a handgun
9    from the standing position while aiming at a B-21 PC
10    silhouette target or an equivalent as approved by the
11    Board, with a minimum of:
12            (i) ten rounds from 7 yards; and
13            (ii) ten rounds from 15 yards; and
14            (iii) a score of "passing" from the course
15        instructor for demonstrating competency in each of the
16        following:
17                (A) Supervising and conducting live fire;
18                (B) Cleaning and inspecting handguns; and
19                (C) Preparing and delivering the classroom
20            lecture.
21    (h) Instructor candidates who fail to meet the minimum
22requirements of subsection (g) of this Section may retake the
23examination, range work, or classroom demonstration one time
24without having to repeat the course.
25    (i) Qualified firearms instructor and instructor trainer
26certificates shall be valid for 5 years from the date of

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1issuance. Qualified firearms instructors or instructor
2trainers may renew their certification by successfully
3completing a refresher course offered or approved by the Board.
4    (j) The fees for instructor trainer or refresher courses
5shall be $100 per student.
6        (1) The fees for qualified instructor courses shall be
7    no more than $100 per student. The instructor trainer shall
8    remit $25 per student to the Board.
9        (2) Fees shall not be refunded to those who do not pass
10    or otherwise fail to complete a course.
11    (k) Course participants shall provide their own safe,
12functional handgun and factory-loaded ammunition.
13    (l) Prior to conducting range firing, the course instructor
14shall:
15        (i) inspect each applicant's firearm; and
16        (ii) not allow the firing of a handgun which is not in
17    sound mechanical condition or otherwise may pose a safety
18    hazard. 
 
19    Section 85. Study. The Secretary of State shall conduct a
20study, to determine the cost and feasibility of creating a
21method of adding an identifiable code, background, or other
22means to show that an individual has been issued a license to
23carry a concealed firearm by the sheriff on the person's
24driver's license or State identification card.
 

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1    Section 90. Report. By March 1 of each year, the
2Department of State Police shall submit a statistical report to
3the Governor, the President of the Senate and the Speaker of
4the House of Representatives, indicating the number of licenses
5issued, revoked, suspended, denied and issued after appeal in
6the previous calendar year and in total and also the number of
7licenses currently valid. The report shall also include the
8number of arrests, convictions and types of crimes in the
9previous calendar year by individuals issued licenses to carry
10a concealed firearm.
 
11    Section 95. Preemption. The regulating of carrying
12firearms being an exclusive function of the State under Section
1324-1 and 24-1.6 of the Criminal Code of 1961, an ordinance of a
14unit of local government, including a home rule unit, is
15invalid if it is inconsistent with the Illinois License to
16Carry Firearms for Self-Defense Act. It is declared to be the
17policy of this State that the regulation of the right to carry
18concealed firearms and the issuance of licenses to carry
19concealed firearms is an exclusive power and function of the
20State. A home rule unit may not regulate the carrying of
21concealed firearms. This Section is a denial and limitation of
22home rule powers and functions under subsection (h) of Section
236 of Article VII of the Illinois Constitution. 
 
24    Section 100. Severability. The provisions of this Act are

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1severable under Section 1.31 of the Statute on Statutes.
 
2    Section 105. The Illinois Police Training Act is amended by
3adding Section 10.6 as follows:
 
4    (50 ILCS 705/10.6 new)
5    Sec. 10.6. Illinois License to Carry Firearms for
6Self-Defense Act training course. The Board shall initiate,
7develop, and oversee a training course for the Illinois License
8to Carry Firearms for Self-Defense Act pursuant to that Act.
9The training course shall include all of the subjects
10enumerated in the Illinois License to Carry Firearms for
11Self-Defense Act. The Board shall issue a certificate to those
12persons successfully completing the course according to that
13Act. 
 
14    Section 110. The Criminal Code of 1961 is amended by
15changing Section 24-2 as follows:
 
16    (720 ILCS 5/24-2)
17    Sec. 24-2. Exemptions.
18    (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
1924-1(a)(13) and Section 24-1.6 do not apply to or affect any of
20the following:
21        (1) Peace officers, and any person summoned by a peace
22    officer to assist in making arrests or preserving the

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1    peace, while actually engaged in assisting such officer.
2        (2) Wardens, superintendents and keepers of prisons,
3    penitentiaries, jails and other institutions for the
4    detention of persons accused or convicted of an offense,
5    while in the performance of their official duty, or while
6    commuting between their homes and places of employment.
7        (3) Members of the Armed Services or Reserve Forces of
8    the United States or the Illinois National Guard or the
9    Reserve Officers Training Corps, while in the performance
10    of their official duty.
11        (4) Special agents employed by a railroad or a public
12    utility to perform police functions, and guards of armored
13    car companies, while actually engaged in the performance of
14    the duties of their employment or commuting between their
15    homes and places of employment; and watchmen while actually
16    engaged in the performance of the duties of their
17    employment.
18        (5) Persons licensed as private security contractors,
19    private detectives, or private alarm contractors, or
20    employed by an agency certified by the Department of
21    Professional Regulation, if their duties include the
22    carrying of a weapon under the provisions of the Private
23    Detective, Private Alarm, Private Security, Fingerprint
24    Vendor, and Locksmith Act of 2004, while actually engaged
25    in the performance of the duties of their employment or
26    commuting between their homes and places of employment,

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1    provided that such commuting is accomplished within one
2    hour from departure from home or place of employment, as
3    the case may be. Persons exempted under this subdivision
4    (a)(5) shall be required to have completed a course of
5    study in firearms handling and training approved and
6    supervised by the Department of Professional Regulation as
7    prescribed by Section 28 of the Private Detective, Private
8    Alarm, Private Security, Fingerprint Vendor, and Locksmith
9    Act of 2004, prior to becoming eligible for this exemption.
10    The Department of Professional Regulation shall provide
11    suitable documentation demonstrating the successful
12    completion of the prescribed firearms training. Such
13    documentation shall be carried at all times when such
14    persons are in possession of a concealable weapon.
15        (6) Any person regularly employed in a commercial or
16    industrial operation as a security guard for the protection
17    of persons employed and private property related to such
18    commercial or industrial operation, while actually engaged
19    in the performance of his or her duty or traveling between
20    sites or properties belonging to the employer, and who, as
21    a security guard, is a member of a security force of at
22    least 5 persons registered with the Department of
23    Professional Regulation; provided that such security guard
24    has successfully completed a course of study, approved by
25    and supervised by the Department of Professional
26    Regulation, consisting of not less than 40 hours of

SB2150- 31 -LRB097 07202 RLC 50285 b

1    training that includes the theory of law enforcement,
2    liability for acts, and the handling of weapons. A person
3    shall be considered eligible for this exemption if he or
4    she has completed the required 20 hours of training for a
5    security officer and 20 hours of required firearm training,
6    and has been issued a firearm control card by the
7    Department of Professional Regulation. Conditions for the
8    renewal of firearm control cards issued under the
9    provisions of this Section shall be the same as for those
10    cards issued under the provisions of the Private Detective,
11    Private Alarm, Private Security, Fingerprint Vendor, and
12    Locksmith Act of 2004. Such firearm control card shall be
13    carried by the security guard at all times when he or she
14    is in possession of a concealable weapon.
15        (7) Agents and investigators of the Illinois
16    Legislative Investigating Commission authorized by the
17    Commission to carry the weapons specified in subsections
18    24-1(a)(3) and 24-1(a)(4), while on duty in the course of
19    any investigation for the Commission.
20        (8) Persons employed by a financial institution for the
21    protection of other employees and property related to such
22    financial institution, while actually engaged in the
23    performance of their duties, commuting between their homes
24    and places of employment, or traveling between sites or
25    properties owned or operated by such financial
26    institution, provided that any person so employed has

SB2150- 32 -LRB097 07202 RLC 50285 b

1    successfully completed a course of study, approved by and
2    supervised by the Department of Professional Regulation,
3    consisting of not less than 40 hours of training which
4    includes theory of law enforcement, liability for acts, and
5    the handling of weapons. A person shall be considered to be
6    eligible for this exemption if he or she has completed the
7    required 20 hours of training for a security officer and 20
8    hours of required firearm training, and has been issued a
9    firearm control card by the Department of Professional
10    Regulation. Conditions for renewal of firearm control
11    cards issued under the provisions of this Section shall be
12    the same as for those issued under the provisions of the
13    Private Detective, Private Alarm, Private Security,
14    Fingerprint Vendor, and Locksmith Act of 2004. Such firearm
15    control card shall be carried by the person so trained at
16    all times when such person is in possession of a
17    concealable weapon. For purposes of this subsection,
18    "financial institution" means a bank, savings and loan
19    association, credit union or company providing armored car
20    services.
21        (9) Any person employed by an armored car company to
22    drive an armored car, while actually engaged in the
23    performance of his duties.
24        (10) Persons who have been classified as peace officers
25    pursuant to the Peace Officer Fire Investigation Act.
26        (11) Investigators of the Office of the State's

SB2150- 33 -LRB097 07202 RLC 50285 b

1    Attorneys Appellate Prosecutor authorized by the board of
2    governors of the Office of the State's Attorneys Appellate
3    Prosecutor to carry weapons pursuant to Section 7.06 of the
4    State's Attorneys Appellate Prosecutor's Act.
5        (12) Special investigators appointed by a State's
6    Attorney under Section 3-9005 of the Counties Code.
7        (12.5) Probation officers while in the performance of
8    their duties, or while commuting between their homes,
9    places of employment or specific locations that are part of
10    their assigned duties, with the consent of the chief judge
11    of the circuit for which they are employed.
12        (13) Court Security Officers while in the performance
13    of their official duties, or while commuting between their
14    homes and places of employment, with the consent of the
15    Sheriff.
16        (13.5) A person employed as an armed security guard at
17    a nuclear energy, storage, weapons or development site or
18    facility regulated by the Nuclear Regulatory Commission
19    who has completed the background screening and training
20    mandated by the rules and regulations of the Nuclear
21    Regulatory Commission.
22        (14) Manufacture, transportation, or sale of weapons
23    to persons authorized under subdivisions (1) through
24    (13.5) of this subsection to possess those weapons.
25    (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
2624-1.6 do not apply to or affect any of the following:

SB2150- 34 -LRB097 07202 RLC 50285 b

1        (1) Members of any club or organization organized for
2    the purpose of practicing shooting at targets upon
3    established target ranges, whether public or private, and
4    patrons of such ranges, while such members or patrons are
5    using their firearms on those target ranges.
6        (2) Duly authorized military or civil organizations
7    while parading, with the special permission of the
8    Governor.
9        (3) Hunters, trappers or fishermen with a license or
10    permit while engaged in hunting, trapping or fishing.
11        (4) Transportation of weapons that are broken down in a
12    non-functioning state or are not immediately accessible.
13        (5) Carrying or possessing any pistol, revolver, stun
14    gun or taser or other firearm on the land or in the legal
15    dwelling of another person as an invitee with that person's
16    permission.
17        (6) Carrying a concealed firearm by a licensee who (i)
18    has a valid license to carry a concealed firearm issued
19    under the Illinois License to Carry Firearms for
20    Self-Defense Act; or (ii) has an expired license to carry a
21    concealed firearm issued under the Illinois License to
22    Carry Firearms for Self-Defense Act, which has been expired
23    for 60 days or less and the person is otherwise eligible
24    for a license under the Act.
25    (c) Subsection 24-1(a)(7) does not apply to or affect any
26of the following:

SB2150- 35 -LRB097 07202 RLC 50285 b

1        (1) Peace officers while in performance of their
2    official duties.
3        (2) Wardens, superintendents and keepers of prisons,
4    penitentiaries, jails and other institutions for the
5    detention of persons accused or convicted of an offense.
6        (3) Members of the Armed Services or Reserve Forces of
7    the United States or the Illinois National Guard, while in
8    the performance of their official duty.
9        (4) Manufacture, transportation, or sale of machine
10    guns to persons authorized under subdivisions (1) through
11    (3) of this subsection to possess machine guns, if the
12    machine guns are broken down in a non-functioning state or
13    are not immediately accessible.
14        (5) Persons licensed under federal law to manufacture
15    any weapon from which 8 or more shots or bullets can be
16    discharged by a single function of the firing device, or
17    ammunition for such weapons, and actually engaged in the
18    business of manufacturing such weapons or ammunition, but
19    only with respect to activities which are within the lawful
20    scope of such business, such as the manufacture,
21    transportation, or testing of such weapons or ammunition.
22    This exemption does not authorize the general private
23    possession of any weapon from which 8 or more shots or
24    bullets can be discharged by a single function of the
25    firing device, but only such possession and activities as
26    are within the lawful scope of a licensed manufacturing

SB2150- 36 -LRB097 07202 RLC 50285 b

1    business described in this paragraph.
2        During transportation, such weapons shall be broken
3    down in a non-functioning state or not immediately
4    accessible.
5        (6) The manufacture, transport, testing, delivery,
6    transfer or sale, and all lawful commercial or experimental
7    activities necessary thereto, of rifles, shotguns, and
8    weapons made from rifles or shotguns, or ammunition for
9    such rifles, shotguns or weapons, where engaged in by a
10    person operating as a contractor or subcontractor pursuant
11    to a contract or subcontract for the development and supply
12    of such rifles, shotguns, weapons or ammunition to the
13    United States government or any branch of the Armed Forces
14    of the United States, when such activities are necessary
15    and incident to fulfilling the terms of such contract.
16        The exemption granted under this subdivision (c)(6)
17    shall also apply to any authorized agent of any such
18    contractor or subcontractor who is operating within the
19    scope of his employment, where such activities involving
20    such weapon, weapons or ammunition are necessary and
21    incident to fulfilling the terms of such contract.
22        During transportation, any such weapon shall be broken
23    down in a non-functioning state, or not immediately
24    accessible.
25    (d) Subsection 24-1(a)(1) does not apply to the purchase,
26possession or carrying of a black-jack or slung-shot by a peace

SB2150- 37 -LRB097 07202 RLC 50285 b

1officer.
2    (e) Subsection 24-1(a)(8) does not apply to any owner,
3manager or authorized employee of any place specified in that
4subsection nor to any law enforcement officer.
5    (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
6Section 24-1.6 do not apply to members of any club or
7organization organized for the purpose of practicing shooting
8at targets upon established target ranges, whether public or
9private, while using their firearms on those target ranges.
10    (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
11to:
12        (1) Members of the Armed Services or Reserve Forces of
13    the United States or the Illinois National Guard, while in
14    the performance of their official duty.
15        (2) Bonafide collectors of antique or surplus military
16    ordinance.
17        (3) Laboratories having a department of forensic
18    ballistics, or specializing in the development of
19    ammunition or explosive ordinance.
20        (4) Commerce, preparation, assembly or possession of
21    explosive bullets by manufacturers of ammunition licensed
22    by the federal government, in connection with the supply of
23    those organizations and persons exempted by subdivision
24    (g)(1) of this Section, or like organizations and persons
25    outside this State, or the transportation of explosive
26    bullets to any organization or person exempted in this

SB2150- 38 -LRB097 07202 RLC 50285 b

1    Section by a common carrier or by a vehicle owned or leased
2    by an exempted manufacturer.
3    (g-5) Subsection 24-1(a)(6) does not apply to or affect
4persons licensed under federal law to manufacture any device or
5attachment of any kind designed, used, or intended for use in
6silencing the report of any firearm, firearms, or ammunition
7for those firearms equipped with those devices, and actually
8engaged in the business of manufacturing those devices,
9firearms, or ammunition, but only with respect to activities
10that are within the lawful scope of that business, such as the
11manufacture, transportation, or testing of those devices,
12firearms, or ammunition. This exemption does not authorize the
13general private possession of any device or attachment of any
14kind designed, used, or intended for use in silencing the
15report of any firearm, but only such possession and activities
16as are within the lawful scope of a licensed manufacturing
17business described in this subsection (g-5). During
18transportation, those devices shall be detached from any weapon
19or not immediately accessible.
20    (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
2124-1.6 do not apply to or affect any parole agent or parole
22supervisor who meets the qualifications and conditions
23prescribed in Section 3-14-1.5 of the Unified Code of
24Corrections.
25    (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
2624-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an

SB2150- 39 -LRB097 07202 RLC 50285 b

1athlete's possession, transport on official Olympic and
2Paralympic transit systems established for athletes, or use of
3competition firearms sanctioned by the International Olympic
4Committee, the International Paralympic Committee, the
5International Shooting Sport Federation, or USA Shooting in
6connection with such athlete's training for and participation
7in shooting competitions at the 2016 Olympic and Paralympic
8Games and sanctioned test events leading up to the 2016 Olympic
9and Paralympic Games.
10    (h) An information or indictment based upon a violation of
11any subsection of this Article need not negative any exemptions
12contained in this Article. The defendant shall have the burden
13of proving such an exemption.
14    (i) Nothing in this Article shall prohibit, apply to, or
15affect the transportation, carrying, or possession, of any
16pistol or revolver, stun gun, taser, or other firearm consigned
17to a common carrier operating under license of the State of
18Illinois or the federal government, where such transportation,
19carrying, or possession is incident to the lawful
20transportation in which such common carrier is engaged; and
21nothing in this Article shall prohibit, apply to, or affect the
22transportation, carrying, or possession of any pistol,
23revolver, stun gun, taser, or other firearm, not the subject of
24and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of
25this Article, which is unloaded and enclosed in a case, firearm
26carrying box, shipping box, or other container, by the

SB2150- 40 -LRB097 07202 RLC 50285 b

1possessor of a valid Firearm Owners Identification Card.
2(Source: P.A. 95-331, eff. 8-21-07; 95-613, eff. 9-11-07;
395-885, eff. 1-1-09; 96-7, eff. 4-3-09; 96-230, eff. 1-1-10;
496-742, eff. 8-25-09; 96-1000, eff. 7-2-10.) 
 
5    Section 999. Effective date. This Act takes effect January
61, 2012.