99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB5792
 
Introduced , by Rep. Margo McDermed
 
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. Effective immediately.



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A BILL FOR
 


HB5792LRB099 19513 SLF 43906 b



1 AN ACT concerning safety.


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

3represented in the General Assembly:



4 Section 5. The Firearm Concealed Carry Act is amended by 
5changing 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 
9firearm 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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1private 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 
19prohibit the carrying of concealed firearms on the property 
20under his or her control. The owner must post a sign in 
21accordance with subsection (d) of this Section indicating that 
22firearms are prohibited on the property, unless the property is 
23a private residence.
24 (b) Notwithstanding subsections (a), (a-5), and (a-10) of 
25this Section except under paragraph (22) or (23) of subsection 
26(a), any licensee prohibited from carrying a concealed firearm 
 
 
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1into the parking area of a prohibited location specified in 
2subsection (a), (a-5), or (a-10) of this Section shall be 
3permitted to carry a concealed firearm on or about his or her 
4person within a vehicle into the parking area and may store a 
5firearm or ammunition concealed in a case within a locked 
6vehicle or locked container out of plain view within the 
7vehicle in the parking area. A licensee may carry a concealed 
8firearm in the immediate area surrounding his or her vehicle 
9within a prohibited parking lot area only for the limited 
10purpose of storing or retrieving a firearm within the vehicle's 
11trunk. For purposes of this subsection, "case" includes a glove 
12compartment or console that completely encloses the concealed 
13firearm or ammunition, the trunk of the vehicle, or a firearm 
14carrying box, shipping box, or other container.
15 (c) A licensee shall not be in violation of this Section 
16while he or she is traveling along a public right of way that 
17touches or crosses any of the premises under subsection (a), 
18(a-5), or (a-10) of this Section if the concealed firearm is 
19carried on his or her person in accordance with the provisions 
20of this Act or is being transported in a vehicle by the 
21licensee in accordance with all other applicable provisions of 
22law.
23 (d) Signs stating that the carrying of firearms is 
24prohibited shall be clearly and conspicuously posted at the 
25entrance of a building, premises, or real property specified in 
26this Section as a prohibited area, unless the building or 
 
 
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1premises is a private residence. Signs shall be of a uniform 
2design as established by the Department and shall be 4 inches 
3by 6 inches in size. The Department shall adopt rules for 
4standardized signs to be used under this subsection.

5(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)


6 Section 99. Effective date. This Act takes effect upon 
7becoming law.