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| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4395 Introduced , by Rep. Patrick Windhorst SYNOPSIS AS INTRODUCED:
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Amends the Firearm Concealed Carry Act. Provides that nothing in the provisions prohibiting the carrying of a concealed firearm in certain areas prevents a concealed carry licensee who
is a judge of the
Supreme, Appellate, or Circuit Court of this State or an Associate Judge of the Circuit Court, a judge of the
United States District Court, United States Court of Appeals, or the United States Supreme Court, a State's Attorney, or Assistant State's
Attorney with the consent of the State's Attorney, from
carrying a concealed firearm in any area prohibited by these provisions, other than an area where firearms are prohibited under federal law.
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| | A BILL FOR |
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| 1 | | AN ACT concerning safety.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Firearm Concealed Carry Act is amended by |
| 5 | | changing Section 65 as follows:
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| 6 | | (430 ILCS 66/65)
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| 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. |
| 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. |
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| 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. |
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| 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 gaming facility licensed under the |
| 18 | | Illinois Gambling Act or the Illinois Horse Racing Act of |
| 19 | | 1975, including an inter-track wagering location licensee. |
| 20 | | (17) Any stadium, arena, or the real property or |
| 21 | | parking area under the control of a stadium, arena, or any |
| 22 | | collegiate or professional sporting event. |
| 23 | | (18) Any building, real property, or parking area under |
| 24 | | the control of a public library. |
| 25 | | (19) Any building, real property, or parking area under |
| 26 | | the control of an airport. |
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| 1 | | (20) Any building, real property, or parking area under |
| 2 | | the control of an amusement park. |
| 3 | | (21) Any building, real property, or parking area under |
| 4 | | the control of a zoo or museum. |
| 5 | | (22) Any street, driveway, parking area, property, |
| 6 | | building, or facility, owned, leased, controlled, or used |
| 7 | | by a nuclear energy, storage, weapons, or development site |
| 8 | | or facility regulated by the federal Nuclear Regulatory |
| 9 | | Commission. The licensee shall not under any circumstance |
| 10 | | store a firearm or ammunition in his or her vehicle or in a |
| 11 | | compartment or container within a vehicle located anywhere |
| 12 | | in or on the street, driveway, parking area, property, |
| 13 | | building, or facility described in this paragraph. |
| 14 | | (23) Any area where firearms are prohibited under |
| 15 | | federal law. |
| 16 | | (a-5) Nothing in this Act shall prohibit a public or |
| 17 | | private community college, college, or university from: |
| 18 | | (1) prohibiting persons from carrying a firearm within |
| 19 | | a vehicle owned, leased, or controlled by the college or |
| 20 | | university; |
| 21 | | (2) developing resolutions, regulations, or policies |
| 22 | | regarding student, employee, or visitor misconduct and |
| 23 | | discipline, including suspension and expulsion; |
| 24 | | (3) developing resolutions, regulations, or policies |
| 25 | | regarding the storage or maintenance of firearms, which |
| 26 | | must include designated areas where persons can park |
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| 1 | | vehicles that carry firearms; and |
| 2 | | (4) permitting the carrying or use of firearms for the |
| 3 | | purpose of instruction and curriculum of officially |
| 4 | | recognized programs, including but not limited to military |
| 5 | | science and law enforcement training programs, or in any |
| 6 | | designated area used for hunting purposes or target |
| 7 | | shooting. |
| 8 | | (a-10) The owner of private real property of any type may |
| 9 | | prohibit the carrying of concealed firearms on the property |
| 10 | | under his or her control. The owner must post a sign in |
| 11 | | accordance with subsection (d) of this Section indicating that |
| 12 | | firearms are prohibited on the property, unless the property is |
| 13 | | a private residence. |
| 14 | | (b) Notwithstanding subsections (a), (a-5), and (a-10) of |
| 15 | | this Section except under paragraph (22) or (23) of subsection |
| 16 | | (a), any licensee prohibited from carrying a concealed firearm |
| 17 | | into the parking area of a prohibited location specified in |
| 18 | | subsection (a), (a-5), or (a-10) of this Section shall be |
| 19 | | permitted to carry a concealed firearm on or about his or her |
| 20 | | person within a vehicle into the parking area and may store a |
| 21 | | firearm or ammunition concealed in a case within a locked |
| 22 | | vehicle or locked container out of plain view within the |
| 23 | | vehicle in the parking area. A licensee may carry a concealed |
| 24 | | firearm in the immediate area surrounding his or her vehicle |
| 25 | | within a prohibited parking lot area only for the limited |
| 26 | | purpose of storing or retrieving a firearm within the vehicle's |
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| 1 | | trunk. For purposes of this subsection, "case" includes a glove |
| 2 | | compartment or console that completely encloses the concealed |
| 3 | | firearm or ammunition, the trunk of the vehicle, or a firearm |
| 4 | | carrying box, shipping box, or other container. |
| 5 | | (c) A licensee shall not be in violation of this Section |
| 6 | | while he or she is traveling along a public right of way that |
| 7 | | touches or crosses any of the premises under subsection (a), |
| 8 | | (a-5), or (a-10) of this Section if the concealed firearm is |
| 9 | | carried on his or her person in accordance with the provisions |
| 10 | | of this Act or is being transported in a vehicle by the |
| 11 | | licensee in accordance with all other applicable provisions of |
| 12 | | law. |
| 13 | | (c-5) Nothing in this Section prevents a licensee who
is a |
| 14 | | judge of the
Supreme, Appellate, or Circuit Court of this State |
| 15 | | or an Associate Judge of the Circuit Court, a judge of the
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| 16 | | United States District Court, United States Court of Appeals, |
| 17 | | or the United States Supreme Court, a State's Attorney, or |
| 18 | | Assistant State's
Attorney with the consent of the State's |
| 19 | | Attorney, from
carrying a concealed firearm in any area |
| 20 | | prohibited by this Section, other than an area where firearms |
| 21 | | are prohibited under federal law. |
| 22 | | (d) Signs stating that the carrying of firearms is |
| 23 | | prohibited shall be clearly and conspicuously posted at the |
| 24 | | entrance of a building, premises, or real property specified in |
| 25 | | this Section as a prohibited area, unless the building or |
| 26 | | premises is a private residence. Signs shall be of a uniform |