98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB4319

Introduced , by Rep. Scott Drury

SYNOPSIS AS INTRODUCED:

430 ILCS 66/65

Amends the Firearm Concealed Carry Act. Provides that a licensee under the Act shall not knowingly carry a firearm into any building, real property, or parking area under the control of (1) a licensed establishment as defined and licensed under the Video Gaming Act, or (2) a licensed fraternal establishment or licensed veterans establishment as defined and licensed under the Video Gaming Act, where alcoholic liquor is drawn, poured, mixed, or otherwise served for consumption on the premises. Provides that a licensee under the Act shall not knowingly carry a firearm into any building under the control of a licensed fraternal establishment, licensed veterans establishment, or licensed truck stop establishment, as defined and licensed under the Video Gaming Act, and alcoholic liquor is not drawn, poured, mixed, or otherwise served for consumption on the premises. Provides that any person (rather than the owner) lawfully in possession and control of private real property of any type may prohibit the carrying of concealed firearms on the property (deletes under his or her control). Provides that if the property is a private residence no sign need be posted and it shall be presumed that the carrying of concealed firearms is prohibited in the residence and a violation of the Act. Effective immediately.

LRB098 16888 RLC 51962 b

A BILL FOR

HB4319

LRB098 16888 RLC 51962 b

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

HB4319

- 2 -

LRB098 16888 RLC 51962 b

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.

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

15 control of a unit of local government.

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

17 the control of an adult or juvenile detention or

18 correctional institution, prison, or jail.

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

20 the control of a public or private hospital or hospital

21 affiliate, mental health facility, or nursing home.

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

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

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

25 public transportation facility paid for in whole or in part

26 with public funds.

HB4319

- 3 -

LRB098 16888 RLC 51962 b

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

2 the control of an establishment that serves alcohol on its

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

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

5 alcohol. The owner of an establishment who knowingly fails

6 to prohibit concealed firearms on its premises as provided

7 in this paragraph or who knowingly makes a false statement

8 or record to avoid the prohibition on concealed firearms

9 under this paragraph is subject to the penalty under

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

11 of 1934.

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

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

14 permit from the unit of local government, provided this

15 prohibition shall not apply to a licensee who must walk

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

17 residence, place of business, or vehicle.

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

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

20 1-3.17.1 of the Liquor Control Act during the time

21 designated for the sale of alcohol by the Special Event

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

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

24 Control Act during the time designated for the sale of

25 alcohol by the Special use permit license.

26 (12) Any public playground.

HB4319

- 4 -

LRB098 16888 RLC 51962 b

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

2 facility under the control of a municipality or park

3 district, provided nothing in this Section shall prohibit a

4 licensee from carrying a concealed firearm while on a trail

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

6 includes a public park.

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

8 County Forest Preserve District.

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

10 clinic, hospital, artistic venue, athletic venue,

11 entertainment venue, officially recognized

12 university-related organization property, whether owned or

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

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

15 or private community college, college, or university.

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

17 the control of (A) a gaming facility licensed under the

18 Riverboat Gambling Act or the Illinois Horse Racing Act of

19 1975, including an inter-track wagering location licensee,

20 or ((B) a licensed establishment as defined and licensed

21 under the Video Gaming Act, or (C) a licensed fraternal

22 establishment or licensed veterans establishment as

23 defined and licensed under the Video Gaming Act, where

24 alcoholic liquor is drawn, poured, mixed, or otherwise

25 served for consumption on the premises.

26 (16.1) Any building under the control of a licensed

HB4319

- 5 -

LRB098 16888 RLC 51962 b

1 fraternal establishment, licensed veterans establishment,

2 or licensed truck stop establishment, as defined and

3 licensed under the Video Gaming Act, and alcoholic liquor

4 is not drawn, poured, mixed, or otherwise served for

5 consumption on the premises.

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

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

8 collegiate or professional sporting event.

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

10 the control of a public library.

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

12 the control of an airport.

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

14 the control of an amusement park.

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

16 the control of a zoo or museum.

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

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

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

20 or facility regulated by the federal Nuclear Regulatory

21 Commission. The licensee shall not under any circumstance

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

23 compartment or container within a vehicle located anywhere

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

25 building, or facility described in this paragraph.

26 (23) Any area where firearms are prohibited under

HB4319

- 6 -

LRB098 16888 RLC 51962 b

1 federal law.

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

3 private community college, college, or university from:

4 (1) prohibiting persons from carrying a firearm within

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

6 university;

7 (2) developing resolutions, regulations, or policies

8 regarding student, employee, or visitor misconduct and

9 discipline, including suspension and expulsion;

10 (3) developing resolutions, regulations, or policies

11 regarding the storage or maintenance of firearms, which

12 must include designated areas where persons can park

13 vehicles that carry firearms; and

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

15 purpose of instruction and curriculum of officially

16 recognized programs, including but not limited to military

17 science and law enforcement training programs, or in any

18 designated area used for hunting purposes or target

19 shooting.

20 (a-10) Any person lawfully in possession and control ~~The~~

21 ~~owner~~ of private real property of any type may prohibit the

22 carrying of concealed firearms on the property ~~under his or her~~

23 ~~control~~. The person ~~owner~~ must post a sign in accordance with

24 subsection (d) of this Section indicating that firearms are

25 prohibited on the property, unless the property is a private

26 residence in which case no sign need be posted and it shall be

HB4319

- 7 -

LRB098 16888 RLC 51962 b

1 presumed that the carrying of concealed firearms is prohibited

2 in the residence and a violation of this Act.

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

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

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

6 into the parking area of a prohibited location specified in

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

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

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

10 firearm or ammunition concealed in a case within a locked

11 vehicle or locked container out of plain view within the

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

13 firearm in the immediate area surrounding his or her vehicle

14 within a prohibited parking lot area only for the limited

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

16 trunk, provided the licensee ensures the concealed firearm is

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

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

19 completely encloses the concealed firearm or ammunition, the

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

21 or other container.

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

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

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

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

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

HB4319

- 8 -

LRB098 16888 RLC 51962 b

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

2 licensee in accordance with all other applicable provisions of

3 law.

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

5 prohibited shall be clearly and conspicuously posted at the

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

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

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

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

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

11 standardized signs to be used under this subsection.

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

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

14 becoming law.