Rep. Brandon W. Phelps

Filed: 12/2/2013

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1
AMENDMENT TO SENATE BILL 114
2 AMENDMENT NO. ______. Amend Senate Bill 114, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
5 "Section 5. The Private Detective, Private Alarm, Private
6Security, Fingerprint Vendor, and Locksmith Act of 2004 is
7amended by changing Section 31-5 as follows:
8 (225 ILCS 447/31-5)
9 (Section scheduled to be repealed on January 1, 2024)
10 Sec. 31-5. Exemptions.
11 (a) The provisions of this Act regarding fingerprint
12vendors do not apply to any of the following, if the person
13performing the service does not hold himself or herself out as
14a fingerprint vendor or fingerprint vendor agency:
15 (1) An employee of the United States, Illinois, or a
16 political subdivision, including public school districts,

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1 of either while the employee is engaged in the performance
2 of his or her official duties within the scope of his or
3 her employment. However, any such person who offers his or
4 her services as a fingerprint vendor or uses a similar
5 title when these services are performed for compensation or
6 other consideration, whether received directly or
7 indirectly, is subject to this Act.
8 (2) A person employed exclusively by only one employer
9 in connection with the exclusive activities of that
10 employer, provided that person does not hold himself or
11 herself out to the public as a fingerprint vendor.
12 (3) Any Notwithstanding any other provisions of this
13 Act, any member of local law enforcement in the performance
14 of his or her duties for criminal justice purposes,
15 notwithstanding whether the . Nothing in this Act shall
16 prohibit local law enforcement agency charges agencies
17 from charging a reasonable fee related to the cost of
18 offering fingerprinting services.
19 (b) The provisions of this Act regarding fingerprint
20vendors do not apply to any member of a local law enforcement
21agency, acting on behalf of the local law enforcement agency
22that is registered with the Department of State Police to
23provide fingerprinting services for non-criminal justice
24purposes, notwithstanding whether the local law enforcement
25agency charges a reasonable fee related to the cost of offering
26fingerprinting services.

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1(Source: P.A. 98-294, eff. 8-9-13.)
2 Section 10. The Firearm Owners Identification Card Act is
3amended by changing Section 8.1 as follows:
4 (430 ILCS 65/8.1) (from Ch. 38, par. 83-8.1)
5 Sec. 8.1. Notifications to the Department of State Police.
6 (a) The Circuit Clerk shall, in the form and manner
7required by the Supreme Court, notify the Department of State
8Police of all final dispositions of cases for which the
9Department has received information reported to it under
10Sections 2.1 and 2.2 of the Criminal Identification Act.
11 (b) Upon adjudication of any individual as a mentally
12disabled person as defined in Section 1.1 of this Act or a
13finding that a person has been involuntarily admitted, the
14court shall direct the circuit court clerk to immediately
15notify the Department of State Police, Firearm Owner's
16Identification (FOID) department, and shall forward a copy of
17the court order to the Department.
18 (c) The Department of Human Services shall, in the form and
19manner prescribed by the Department of State Police, report all
20information collected under subsection (b) of Section 12 of the
21Mental Health and Developmental Disabilities Confidentiality
22Act for the purpose of determining whether a person who may be
23or may have been a patient in a mental health facility is
24disqualified under State or federal law from receiving or

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1retaining a Firearm Owner's Identification Card, or purchasing
2a weapon.
3 (d) If a person is determined to pose a clear and present
4danger to himself, herself, or to others:
5 (1) by a physician, clinical psychologist, or
6 qualified examiner, law enforcement official, or school
7 administrator, or is determined to be developmentally
8 disabled by a physician, clinical psychologist, or
9 qualified examiner, whether employed by the State or
10 privately by a private mental health facility, then the
11 physician, clinical psychologist, or qualified examiner
12 shall, within 24 hours of making the determination, notify
13 the Department of Human Services that the person poses a
14 clear and present danger or is developmentally disabled; or
15 (2) by a law enforcement official or school
16 administrator, then the law enforcement official or school
17 administrator shall, within 24 hours of making the
18 determination, notify the Department of State Police that
19 the person poses a clear and present danger. The Department
20 of Human Services shall immediately update its records and
21 information relating to mental health and developmental
22 disabilities, and if appropriate, shall notify the
23 Department of State Police in a form and manner prescribed
24 by the Department of State Police. The Department of State
25 Police shall determine whether to revoke the person's
26 Firearm Owner's Identification Card under Section 8 of this

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1 Act. Any information disclosed under this subsection shall
2 remain privileged and confidential, and shall not be
3 redisclosed, except as required under subsection (e) of
4 Section 3.1 of this Act, nor used for any other purpose.
5 The method of providing this information shall guarantee
6 that the information is not released beyond what is
7 necessary for the purpose of this Section and shall be
8 provided by rule by the Department of Human Services. The
9 identity of the person reporting under this Section shall
10 not be disclosed to the subject of the report. The
11 physician, clinical psychologist, qualified examiner, law
12 enforcement official, or school administrator making the
13 determination and his or her employer shall not be held
14 criminally, civilly, or professionally liable for making
15 or not making the notification required under this
16 subsection, except for willful or wanton misconduct.
17 (e) The Department of State Police shall adopt rules to
18implement this Section.
19(Source: P.A. 97-1131, eff. 1-1-13; 98-63, eff. 7-9-13.)
20 Section 15. The Firearm Concealed Carry Act is amended by
21changing Sections 10, 15, 20, 40, 75, and 80 as follows:
22 (430 ILCS 66/10)
23 Sec. 10. Issuance of licenses to carry a concealed firearm.
24 (a) The Department shall issue a license to carry a

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1concealed firearm under this Act to an applicant who:
2 (1) meets the qualifications of Section 25 of this Act;
3 (2) has provided the application and documentation
4 required in Section 30 of this Act;
5 (3) has submitted the requisite fees; and
6 (4) does not pose a danger to himself, herself, or
7 others, or a threat to public safety as determined by the
8 Concealed Carry Licensing Review Board in accordance with
9 Section 20.
10 (b) The Department shall issue a renewal, corrected, or
11duplicate license as provided in this Act.
12 (c) A license shall be valid throughout the State for a
13period of 5 years from the date of issuance. A license shall
14permit the licensee to:
15 (1) carry a loaded or unloaded concealed firearm, fully
16 concealed or partially concealed, on or about his or her
17 person; and
18 (2) keep or carry a loaded or unloaded concealed
19 firearm on or about his or her person within a vehicle.
20 (d) The Department shall make applications for a license
21available no later than 180 days after the effective date of
22this Act. The Department shall establish rules for the
23availability and submission of applications in accordance with
24this Act.
25 (e) An application for a license submitted to the
26Department that contains all the information and materials

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1required by this Act, including the requisite fee, shall be
2deemed completed. Except as otherwise provided in this Act, no
3later than 90 days after receipt of a completed application,
4the Department shall issue or deny the applicant a license.
5 (f) The Department shall deny the applicant a license if
6the applicant fails to meet the requirements under this Act or
7the Department receives a determination from the Board that the
8applicant is ineligible for a license. The Department must
9notify the applicant stating the grounds for the denial. The
10notice of denial must inform the applicant of his or her right
11to an appeal through administrative and judicial review.
12 (g) A licensee shall possess a license at all times the
13licensee carries a concealed firearm except:
14 (1) when the licensee is carrying or possessing a
15 concealed firearm on his or her land or in his or her
16 abode, legal dwelling, or fixed place of business, or on
17 the land or in the legal dwelling of another person as an
18 invitee with that person's permission;
19 (2) when the person is authorized to carry a firearm
20 under Section 24-2 of the Criminal Code of 2012, except
21 subsection (a-5) of that Section; or
22 (3) when the handgun is broken down in a
23 non-functioning state, is not immediately accessible, or
24 is unloaded and enclosed in a case.
25 (h) If an officer of a law enforcement agency initiates an
26investigative stop, including but not limited to a traffic

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1stop, of a licensee or a non-resident carrying a concealed
2firearm under subsection (e) of Section 40 of this Act who is
3carrying a concealed firearm, upon the request of the officer
4the licensee or non-resident shall disclose to the officer that
5he or she is in possession of a concealed firearm under this
6Act, present the license upon the request of the officer if he
7or she is a licensee or present upon the request of the officer
8evidence under paragraph (2) of subsection (e) of Section 40 of
9this Act that he or she is a non-resident qualified to carry
10under that subsection, and identify the location of the
11concealed firearm. During a traffic stop, any passenger within
12the vehicle who is a licensee or a non-resident carrying under
13subsection (e) of Section 40 of this Act must comply with the
14requirements of this subsection (h).
15 (i) The Department shall maintain a database of license
16applicants and licensees. The database shall be available to
17all federal, State, and local law enforcement agencies, State's
18Attorneys, the Attorney General, and authorized court
19personnel. Within 180 days after the effective date of this
20Act, the database shall be searchable and provide all
21information included in the application, including the
22applicant's previous addresses within the 10 years prior to the
23license application and any information related to violations
24of this Act. No law enforcement agency, State's Attorney,
25Attorney General, or member or staff of the judiciary shall
26provide any information to a requester who is not entitled to

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1it by law.
2 (j) No later than 10 days after receipt of a completed
3application, the Department shall enter the relevant
4information about the applicant into the database under
5subsection (i) of this Section which is accessible by law
6enforcement agencies.
7(Source: P.A. 98-63, eff. 7-9-13.)
8 (430 ILCS 66/15)
9 Sec. 15. Objections by law enforcement agencies.
10 (a) Any law enforcement agency may submit an objection to a
11license applicant based upon a reasonable suspicion that the
12applicant is a danger to himself or herself or others, or a
13threat to public safety. The objection shall be made by the
14chief law enforcement officer of the law enforcement agency, or
15his or her designee, and must include any information relevant
16to the objection. If a law enforcement agency submits an
17objection within 30 days after the entry of an applicant into
18the database, the Department shall submit the objection and all
19information available to the Board under State and federal law
20related to the application to the Board within 10 days of
21completing all necessary background checks.
22 (b) If an applicant has 5 or more arrests for any reason,
23that have been entered into the Criminal History Records
24Information (CHRI) System, within the 7 years preceding the
25date of application for a license, or has 3 or more arrests

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1within the 7 years preceding the date of application for a
2license for any combination of gang-related offenses, the
3Department shall object and submit the applicant's arrest
4record to the extent the Board is allowed to receive that
5information under State and federal law, the application
6materials, and any additional information submitted by a law
7enforcement agency to the Board. For purposes of this
8subsection, "gang-related offense" is an offense described in
9Section 12-6.4, Section 24-1.8, Section 25-5, Section 33-4, or
10Section 33G-4, or in paragraph (1) of subsection (a) of Section
1112-6.2, paragraph (2) of subsection (b) of Section 16-30,
12paragraph (2) of subsection (b) of Section 31-4, or item (iii)
13of paragraph (1.5) of subsection (i) of Section 48-1 of the
14Criminal Code of 2012.
15 (c) The referral of an objection under this Section to the
16Board shall toll the 90-day period for the Department to issue
17or deny the applicant a license under subsection (e) of Section
1810 of this Act, during the period of review and until the Board
19issues its decision.
20 (d) If no objection is made by a law enforcement agency or
21the Department under this Section, the Department shall process
22the application in accordance with this Act.
23(Source: P.A. 98-63, eff. 7-9-13.)
24 (430 ILCS 66/20)
25 Sec. 20. Concealed Carry Licensing Review Board.

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1 (a) There is hereby created within the Department of State
2Police a Concealed Carry Licensing Review Board to consider any
3objection to an applicant's eligibility to obtain a license
4under this Act submitted by a law enforcement agency or the
5Department under Section 15 of this Act. The Board shall
6consist of 7 commissioners to be appointed by the Governor,
7with the advice and consent of the Senate, with 3 commissioners
8residing within the First Judicial District and one
9commissioner residing within each of the 4 remaining Judicial
10Districts. No more than 4 commissioners shall be members of the
11same political party. The Governor shall designate one
12commissioner as the Chairperson. The Board shall consist of:
13 (1) one commissioner with at least 5 years of service
14 as a federal judge;
15 (2) 2 commissioners with at least 5 years of experience
16 serving as an attorney with the United States Department of
17 Justice;
18 (3) 3 commissioners with at least 5 years of experience
19 as a federal agent or employee with investigative
20 experience or duties related to criminal justice under the
21 United States Department of Justice, Drug Enforcement
22 Administration, Department of Homeland Security, or
23 Federal Bureau of Investigation; and
24 (4) one member with at least 5 years of experience as a
25 licensed physician or clinical psychologist with expertise
26 in the diagnosis and treatment of mental illness.

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1 (b) The initial terms of the commissioners shall end on
2January 12, 2015. Thereafter, the commissioners shall hold
3office for 4 years, with terms expiring on the second Monday in
4January of the fourth year. Commissioners may be reappointed.
5Vacancies in the office of commissioner shall be filled in the
6same manner as the original appointment, for the remainder of
7the unexpired term. The Governor may remove a commissioner for
8incompetence, neglect of duty, malfeasance, or inability to
9serve. Commissioners shall receive compensation in an amount
10equal to the compensation of members of the Executive Ethics
11Commission and may be reimbursed for reasonable expenses
12actually incurred in the performance of their Board duties,
13from funds appropriated for that purpose.
14 (c) The Board shall meet at the call of the chairperson as
15often as necessary to consider objections to applications for a
16license under this Act. If necessary to ensure the
17participation of a commissioner, the Board shall allow a
18commissioner to participate in a Board meeting by electronic
19communication. Any commissioner participating electronically
20shall be deemed present for purposes of establishing a quorum
21and voting.
22 (d) The Board shall adopt rules for the review of
23objections and the conduct of hearings. The Board shall
24maintain a record of its decisions and all materials considered
25in making its decisions. All Board decisions and voting records
26shall be kept confidential and all materials considered by the

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1Board shall be exempt from inspection except upon order of a
2court.
3 (e) In considering an objection of a law enforcement agency
4or the Department, the Board shall review the materials
5received with the objection from the law enforcement agency or
6the Department. By a vote of at least 4 commissioners, the
7Board may request additional information from the law
8enforcement agency, Department, or the applicant, or the
9testimony of the law enforcement agency, Department, or the
10applicant. The Board may require that the applicant submit
11electronic fingerprints to the Department for an updated
12background check where the Board determines it lacks sufficient
13information to determine eligibility. The Board may only
14consider information submitted by the Department, a law
15enforcement agency, or the applicant. The Board shall review
16each objection and determine by a majority of commissioners
17whether an applicant is eligible for a license.
18 (f) The Board shall issue a decision within 30 days of
19receipt of the objection from the Department. However, the
20Board need not issue a decision within 30 days if:
21 (1) the Board requests information from the applicant,
22 including but not limited to electronic fingerprints to be
23 submitted to the Department, in accordance with subsection
24 (e) of this Section, in which case the Board shall make a
25 decision within 30 days of receipt of the required
26 information from the applicant;

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1 (2) the applicant agrees, in writing, to allow the
2 Board additional time to consider an objection; or
3 (3) the Board notifies the applicant and the Department
4 that the Board needs an additional 30 days to issue a
5 decision.
6 (g) If the Board determines by a preponderance of the
7evidence that the applicant poses a danger to himself or
8herself or others, or is a threat to public safety, then the
9Board shall affirm the objection of the law enforcement agency
10or the Department and shall notify the Department that the
11applicant is ineligible for a license. If the Board does not
12determine by a preponderance of the evidence that the applicant
13poses a danger to himself or herself or others, or is a threat
14to public safety, then the Board shall notify the Department
15that the applicant is eligible for a license.
16 (h) Meetings of the Board shall not be subject to the Open
17Meetings Act and records of the Board shall not be subject to
18the Freedom of Information Act.
19 (i) The Board shall report monthly to the Governor and the
20General Assembly on the number of objections received and
21provide details of the circumstances in which the Board has
22determined to deny licensure based on law enforcement or
23Department objections under Section 15 of this Act. The report
24shall not contain any identifying information about the
25applicants.
26(Source: P.A. 98-63, eff. 7-9-13.)

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1 (430 ILCS 66/40)
2 Sec. 40. Non-resident license applications.
3 (a) For the purposes of this Section, "non-resident" means
4a person who has not resided within this State for more than 30
5days and resides in another state or territory.
6 (b) The Department shall by rule allow for non-resident
7license applications from any state or territory of the United
8States with laws related to firearm ownership, possession, and
9carrying, that are substantially similar to the requirements to
10obtain a license under this Act.
11 (c) A resident of a state or territory approved by the
12Department under subsection (b) of this Section may apply for a
13non-resident license. The applicant shall apply to the
14Department and must meet all of the qualifications established
15in Section 25 of this Act, except for the Illinois residency
16requirement in item (xiv) of paragraph (2) of subsection (a) of
17Section 4 of the Firearm Owners Identification Card Act. The
18applicant shall submit:
19 (1) the application and documentation required under
20 Section 30 of this Act and the applicable fee;
21 (2) a notarized document stating that the applicant:
22 (A) is eligible under federal law and the laws of
23 his or her state or territory of residence to own or
24 possess a firearm;
25 (B) if applicable, has a license or permit to carry

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1 a firearm or concealed firearm issued by his or her
2 state or territory of residence and attach a copy of
3 the license or permit to the application;
4 (C) understands Illinois laws pertaining to the
5 possession and transport of firearms, and
6 (D) acknowledges that the applicant is subject to
7 the jurisdiction of the Department and Illinois courts
8 for any violation of this Act; and
9 (3) a photocopy of any certificates or other evidence
10 of compliance with the training requirements under Section
11 75 of this Act; and
12 (4) a head and shoulder color photograph in a size
13 specified by the Department taken within the 30 days
14 preceding the date of the application.
15 (d) In lieu of an Illinois driver's license or Illinois
16identification card, a non-resident applicant shall provide
17similar documentation from his or her state or territory of
18residence. In lieu of a valid Firearm Owner's Identification
19Card, the applicant shall submit documentation and information
20required by the Department to obtain a Firearm Owner's
21Identification Card, including an affidavit that the
22non-resident meets the mental health standards to obtain a
23firearm under Illinois law, and the Department shall ensure
24that the applicant would meet the eligibility criteria to
25obtain a Firearm Owner's Identification card if he or she was a
26resident of this State.

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1 (e) Nothing in this Act shall prohibit a non-resident from
2transporting a concealed firearm within his or her vehicle in
3Illinois, if the concealed firearm remains within his or her
4vehicle and the non-resident:
5 (1) is not prohibited from owning or possessing a
6 firearm under federal law;
7 (2) is eligible to carry a firearm in public under the
8 laws of his or her state or territory of residence, as
9 evidenced by the possession of a concealed carry license or
10 permit issued by his or her state of residence, if
11 applicable; and
12 (3) is not in possession of a license under this Act.
13 If the non-resident leaves his or her vehicle unattended,
14he or she shall store the firearm within a locked vehicle or
15locked container within the vehicle in accordance with
16subsection (b) of Section 65 of this Act.
17(Source: P.A. 98-63, eff. 7-9-13.)
18 (430 ILCS 66/75)
19 Sec. 75. Applicant firearm training.
20 (a) Within 60 days of the effective date of this Act, the
21Department shall begin approval of firearm training courses and
22shall make a list of approved courses available on the
23Department's website.
24 (b) An applicant for a new license shall provide proof of
25completion of a firearms training course or combination of

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1courses approved by the Department of at least 16 hours, which
2includes range qualification time under subsection (c) of this
3Section, that covers the following:
4 (1) firearm safety;
5 (2) the basic principles of marksmanship;
6 (3) care, cleaning, loading, and unloading of a
7 concealable firearm;
8 (4) all applicable State and federal laws relating to
9 the ownership, storage, carry, and transportation of a
10 firearm; and
11 (5) instruction on the appropriate and lawful
12 interaction with law enforcement while transporting or
13 carrying a concealed firearm.
14 (c) An applicant for a new license shall provide proof of
15certification by a certified instructor that the applicant
16passed a live fire exercise with a concealable firearm
17consisting of:
18 (1) a minimum of 30 rounds; and
19 (2) 10 rounds from a distance of 5 yards; 10 rounds
20 from a distance of 7 yards; and 10 rounds from a distance
21 of 10 yards at a B-27 silhouette target approved by the
22 Department.
23 (d) An applicant for renewal of a license shall provide
24proof of completion of a firearms training course or
25combination of courses approved by the Department of at least 3
26hours.

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1 (e) A certificate of completion for an applicant's firearm
2training course shall not be issued to a student who:
3 (1) does not follow the orders of the certified
4 firearms instructor;
5 (2) in the judgment of the certified instructor,
6 handles a firearm in a manner that poses a danger to the
7 student or to others; or
8 (3) during the range firing portion of testing fails to
9 hit the target with 70% of the rounds fired.
10 (f) An instructor shall maintain a record of each student's
11performance for at least 5 years, and shall make all records
12available upon demand of authorized personnel of the
13Department.
14 (g) The Department and certified firearms instructors
15instructor shall recognize up to 8 hours of training already
16completed toward the 16 hour training requirement under this
17Section if the training course is submitted to and approved by
18the Department and recognized under the laws of another state.
19Any remaining hours that the applicant completes must at least
20cover the classroom subject matter of paragraph (4) of
21subsection (b) of this Section, and the range qualification in
22subsection (c) of this Section.
23 (h) A person who has qualified to carry a firearm as an
24active law enforcement or corrections officer, who has
25successfully completed firearms training as required by his or
26her law enforcement agency and is authorized by his or her

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1agency to carry a firearm; a person currently certified as a
2firearms instructor by this Act or by the Illinois Law
3Enforcement Training Standards Board; , or a person who has
4completed the required training and has been issued a firearm
5control card by the Department of Financial and Professional
6Regulation shall be exempt from the requirements of this
7Section.
8 (i) The Department and certified firearms instructors
9shall recognize accept 8 hours of training as completed toward
10the 16 hour training requirement under this Section, if the
11applicant is an active, retired, or honorably discharged member
12of the United States Armed Forces. Any remaining hours that the
13applicant completes must at least cover the classroom subject
14matter of paragraph (4) of subsection (b) of this Section, and
15the range qualification in subsection (c) of this Section.
16 (j) The Department and certified firearms instructors
17shall recognize up to 8 hours of training already completed
18toward the 16 hour training requirement under this Section if
19the training course is approved by the Department and was
20completed in connection with the applicant's previous
21employment as a law enforcement or corrections officer. Any
22remaining hours that the applicant completes must at least
23cover the classroom subject matter of paragraph (4) of
24subsection (b) of this Section, and the range qualification in
25subsection (c) of this Section. A former law enforcement or
26corrections officer seeking credit under this subsection (j)

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1shall provide evidence that he or she separated from employment
2in good standing from each law enforcement agency where he or
3she was employed. An applicant who was discharged from a law
4enforcement agency for misconduct or disciplinary reasons is
5not eligible for credit under this subsection (j).
6(Source: P.A. 98-63, eff. 7-9-13.)
7 (430 ILCS 66/80)
8 Sec. 80. Certified firearms instructors Firearms
9instructor training.
10 (a) Within 60 days of the effective date of this Act, the
11Department shall begin approval of certified firearms
12instructors and enter certified firearms instructors into an
13online registry on the Department's website.
14 (b) A person who is not a certified firearms instructor
15shall not teach applicant training courses or advertise or
16otherwise represent courses they teach as qualifying their
17students to meet the requirements to receive a license under
18this Act. Each violation of this subsection is a business
19offense with a fine of at least $1,000 per violation.
20 (c) A person seeking to become a certified firearms
21instructor shall:
22 (1) be at least 21 years of age;
23 (2) be a legal resident of the United States; and
24 (3) meet the requirements of Section 25 of this Act,
25 except for the Illinois residency requirement in item (xiv)

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1 of paragraph (2) of subsection (a) of Section 4 of the
2 Firearm Owners Identification Card Act; and any additional
3 uniformly applied requirements established by the
4 Department.
5 (d) A person seeking to become a certified firearms
6instructor trainer, in addition to the requirements of
7subsection (c) of this Section, shall:
8 (1) possess a high school diploma or GED certificate;
9 and
10 (2) have at least one of the following valid firearms
11 instructor certifications:
12 (A) certification from a law enforcement agency;
13 (B) certification from a firearm instructor course
14 offered by a State or federal governmental agency;
15 (C) certification from a firearm instructor
16 qualification course offered by the Illinois Law
17 Enforcement Training Standards Board; or
18 (D) certification from an entity approved by the
19 Department that offers firearm instructor education
20 and training in the use and safety of firearms.
21 (e) A person may have his or her firearms instructor
22certification denied or revoked if he or she does not meet the
23requirements to obtain a license under this Act, provides false
24or misleading information to the Department, or has had a prior
25instructor certification revoked or denied by the Department.
26(Source: P.A. 98-63, eff. 7-9-13.)

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1 Section 99. Effective date. This Act takes effect upon
2becoming law.".