Rep. Kelly M. Cassidy
Filed: 4/16/2013
 
 


 




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1
AMENDMENT TO HOUSE BILL 831




2 AMENDMENT NO. ______. Amend House Bill 831 by replacing 
3everything after the enacting clause with the following:


4 "Section 1. Short title. This Act may be cited as the Guns 
5In Public Act.

6 Section 5. Legislative findings; purpose and intent. The 
7General Assembly hereby finds and declares:
8 (a) Gun violence takes an extraordinary toll on families 
9and communities in Illinois. In 2010, over 1,000 individuals 
10died from firearm-related injuries in Illinois. In that same 
11year, incidents of gun murders, gun suicides, and unintentional 
12shootings in Illinois killed 142 children and adolescents ages 
1319 and younger.
14 (b) Firearms carried or possessed in public places increase 
15the risk of deaths and injuries by increasing the chances that 
16firearms will be used to settle disputes, and by increasing the 
 
 
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1risk of an accidental shooting at a place where large numbers 
2of people are gathered. The carrying or possession of firearms 
3in public places also increases the risk that those firearms 
4will be lost or stolen, and end up in the hands of criminals or 
5other persons ineligible to possess firearms.
6 (c) Flawed application processes in existing state systems 
7for licensing individuals to carry concealed weapons ("CCW 
8laws") have allowed numerous persons prohibited from 
9possessing firearms to receive CCW permits. Analyses have found 
10that numerous criminals (including rapists, armed robbers, 
11individuals who had pleaded guilty or no contest to felonies, 
12individuals with outstanding warrants, people with active 
13domestic violence injunctions against them, and 6 registered 
14sex offenders) had been issued CCW licenses under other states' 
15permissive laws.
16 (d) Research has shown that individuals issued CCW permits 
17include not only people who have committed violent crimes in 
18the past, but also those who subsequently commit violent 
19crimes. One study found that Texas CCW permit holders were 
20arrested for weapons-related crimes at a rate 81% higher than 
21that of the state's general adult population. According to the 
22Violence Policy Center (VPC), between May 2007 and November 
232012, individuals licensed to carry concealed weapons ("CCW 
24permit holders") killed at least 14 law enforcement officers 
25and 485 private citizens (including 35 shooters who killed 
26themselves after an attack).
 
 
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1 (e) On December 11, 2012, the Seventh Circuit Court of 
2Appeals in Moore v. Madigan, upheld a challenge to the Illinois 
3law prohibiting the carrying of handguns, either openly or 
4concealed in public places. The Seventh Circuit reversed and 
5remanded the lower court's dismissal of the challenge but 
6stayed the mandate for 180 days to allow the General Assembly 
7to remedy the violation by enacting a new law. Moore v. 
8Madigan, 702 F.3d 933 (7th Cir. Ill. 2012).
9 (f) The Seventh Circuit's opinion in Moore suggested that 
10Illinois adopt a discretionary concealed carry licensing law. 
11The court explained that since Illinois "is not a state with a 
12strong pro-gun culture, unlike the states that began allowing 
13concealed carriage before Heller and MacDonald [sic] enlarged 
14the scope of Second Amendment rights", a discretionary law 
15would be more appropriate for Illinois than a law with only 
16"minimal permit restrictions on carriage of guns outside the 
17home". (emphasis in original). Additionally, the court 
18endorsed a requirement that concealed carry licensing 
19applicants demonstrate that they have experience using, and can 
20safely handle, a firearm. The court also spoke approvingly of 
21state legislation that would allow private property owners to 
22prohibit firearms, including concealed weapons, on their 
23property.
24 (g) On March 21, 2013, the Fourth Circuit Court of Appeals, 
25in Woollard v. Gallagher, upheld
Maryland's law restricting the 
26carrying of firearms in public. Under Maryland's law, in order 
 
 
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1to
obtain a permit to carry a handgun in public, a person must 
2demonstrate "a good and substantial
reason to wear, carry, or 
3transport a handgun, such as a finding that the permit is 
4necessary as a
reasonable precaution against apprehended 
5danger." The Fourth Circuit held that this
requirement does not 
6violate the Second Amendment. Woollard v. Gallagher, 2013 U.S. 
7App.
LEXIS 5617 (4th Cir. Md. 2013).
8 (h) The Seventh Circuit's opinion in Moore favorably cited 
9Kachalsky v. County of Westchester, 701 F.3d 81 (2d Cir. N.Y. 
102012), a recent opinion of the Second Circuit Court of Appeals, 
11which upheld New York's law restricting the carrying of 
12firearms in public. New York's law gives the local issuing 
13authority considerable discretion in deciding whether to issue 
14a license, and has been interpreted to require an applicant for 
15an unrestricted license to demonstrate "a special need for 
16self-protection distinguishable from that of the general 
17community". By favorably citing the Second Circuit's opinion in 
18Kachalsky, the Seventh Circuit in Moore indicated that it 
19agreed that New York's requirements are consistent with the 
20Second Amendment.
21 (i) It is the purpose and intent of the General Assembly to 
22restrict the carrying of firearms in public places in the State 
23in compliance with the Seventh Circuit's opinion in Moore. The 
24General Assembly further believes it is necessary to restrict 
25the carrying of firearms in public places to individuals who 
26have demonstrated a particularized need to carry a firearm in 
 
 
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1public because they are exposed to unusual personal danger, 
2distinct from other members of the community. The General 
3Assembly further believes that individuals who are licensed to 
4carry a concealed firearm in public should first undergo 
5extensive safety training, and a comprehensive background 
6check. The General Assembly believes these restrictions will 
7help to reduce gun deaths and injuries and increase public 
8safety.

9 Section 10. Definitions.  As used in this Act:
10 "Applicant" means a person who is applying for a license to 
11carry a concealed firearm under this Act.
12 "Concealed firearm" means a loaded or unloaded handgun 
13carried on or about a person entirely hidden from view of the 
14public, or carried in a vehicle in such a way as it is entirely 
15hidden from view of the public.
16 "Department" means the Department of State Police.
17 "Director" means the Director of State Police.
18 "Handgun" means any device which is designed to expel a 
19projectile or projectiles by the action of an explosion, 
20expansion of gas, or escape of gas that is designed to be held 
21and fired by the use of a single hand. "Handgun" does not 
22include a stun gun or taser.
23 "License" means a license issued by the Department of State 
24Police to carry a loaded or unloaded concealed firearm.
25 "Licensee" means a person issued a license to carry a 
 
 
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1concealed firearm.
2 "Peace officer" means (1) any person who by virtue of his 
3or her office or public employment is vested by law with a duty 
4to maintain public order or to make arrests for offenses, 
5whether that duty extends to any offenses or is limited to 
6specific offenses, or (2) any person who, by statute, is 
7granted and authorized to exercise powers similar to those 
8conferred upon any peace officer employed by a law enforcement 
9agency of this State.
10 "Particularized need" means that the applicant is exposed 
11to unusual personal danger, distinct from other members of the 
12community.
13 "Superintendent" means the Superintendent of Police for 
14the City of Chicago.


15 Section 15. Issuance of licenses to carry a concealed 
16firearm. 
17 (a) A licensee shall possess a license any time the 
18licensee carries a concealed firearm except: 
19  (1) if the person is carrying or possessing a concealed 
20 firearm and the person is on his or her land or in his or 
21 her abode or legal dwelling or in the abode or legal 
22 dwelling of another adult as an invitee with that adult's 
23 express permission to carry a concealed firearm;
24  (2) if the person is authorized to carry a firearm 
25 under Section 24-2 of the Criminal Code of 2012; or
 
 
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1  (3) the firearm is broken down in a non-functioning 
2 state, is not immediately accessible, or is unloaded and 
3 enclosed in a firearm case, carrying box, shipping box, or 
4 other similar portable container designed for the safe 
5 transportation of firearms.
6 (a-5) A licensee shall display the license upon the request 
7of a peace officer or person designated to enforce the 
8provisions of Section 55.
9 (b) The Department shall make applications for a license 
10available no later than 180 days after the date specified in 
11subsection (g). Applications shall be available at Department 
12locations, sheriff offices, Chicago Police Headquarters, on 
13the Department's official website, and any other location 
14designated by the Department.
15 (c) A completed application for a license shall be 
16submitted to the office of the sheriff of the county in which 
17the applicant resides with any accompanying materials and fees, 
18unless the applicant resides in the City of Chicago, in which 
19case the application shall be submitted to the Superintendent 
20of Police. The applicant shall verify the contents of the 
21application by oath or affirmation in writing before an officer 
22authorized by the sheriff or Superintendent. The sheriff or 
23Superintendent shall review the application and shall promptly 
24return an incomplete application to the applicant. Each 
25applicant for a license or renewal of a license under this Act 
26shall pay at the time of application a fee to the Department in 
 
 
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1an amount set by the Department, and a fee to the sheriff or 
2Superintendent in an amount set by the sheriff or 
3Superintendent. 
4 (d) A sheriff or the Superintendent may submit a 
5recommendation for approval of an application to the 
6Department, if the applicant is an eligible individual under 
7Section 20 who has sufficiently demonstrated, in the judgment 
8of the sheriff or Superintendent, that:
9  (1) he or she has a particularized need for the 
10 license;
11  (2) he or she is a responsible person; and
12  (3) the issuance of a license is in the public's 
13 interest.
14 If the application is approved, the sheriff or 
15Superintendent shall submit the application, any accompanying 
16materials, and the application fee to the Department within 30 
17days of receipt, unless good cause exists to extend this time 
18period. Upon request of a municipal law enforcement agency, the 
19sheriff shall notify the department of the name, address, and 
20date of birth of any person submitting an application for a 
21license. The municipal police department may submit to the 
22sheriff information deemed to be relevant to the application, 
23and the sheriff may consider the information when determining 
24whether to submit an objection. If the applicant is found by a 
25sheriff or Superintendent to be ineligible, the sheriff or 
26Superintendent shall deny the application and notify the 
 
 
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1applicant in writing, stating the grounds for denial. The 
2notice of denial must inform the applicant that he or she may, 
3within 30 days, appeal the denial. Upon receiving an appeal, 
4the sheriff or Superintendent shall reconsider its decision and 
5inform the applicant within 30 days of the result of the 
6reconsideration. If upon reconsideration the sheriff or 
7Superintendent denies the application, the applicant must be 
8informed of the right to administrative review.
9 (e) Once the Department has received a recommendation for 
10approval from the sheriff or Superintendent, the Department 
11shall consider whether the applicant is eligible for a license 
12under Section 20, and whether, in the judgment of the 
13Department, the applicant meets the qualifications of 
14subsection (d) of this Section. The Department may issue a 
15license to an applicant who meets these requirements and has 
16obtained the approval of the sheriff or Superintendent. If the 
17applicant is found by the Department to be ineligible, the 
18Department shall follow the procedures set forth in subsection 
19(d) for reconsideration of the application.
20 (f) The license shall be issued or denied by the Department 
21within 3 months of receipt of a completed application from a 
22sheriff or the Superintendent, unless good cause exists to 
23extend this time period. A license shall be valid throughout 
24the State for a period of 5 years.
25 (g) Notwithstanding the other provisions of this Act, no 
26license shall be issued under this Act unless and until the 
 
 
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1Department has reported any persons prohibited from possessing 
2a firearm to the National Instant Criminal Background Check 
3System, Denied Persons Files, in accordance with Public Act 
495-564.
5 (h) Fees authorized by this Act shall be set in amounts 
6sufficient to cover the costs of administering and enforcing 
7this Act, and may be increased at any time as necessary to 
8cover these costs.
9 (i) The Department shall adopt rules to implement the 
10provisions of this Section.

11 Section 20. Eligibility of an applicant for a license. The 
12Department shall not issue a license to an applicant completing 
13an application in accordance with Section 25 of this Act unless 
14the person has demonstrated that he or she:
15 (1) is at least 21 years of age;
16 (2) has a valid Firearm Owner's Identification Card;
17 (3) has been a resident of this State for at least the 
18previous 30 days;
19 (4) has not, in this State or any other state, been 
20convicted of, pled guilty to, or entered a plea of nolo 
21contendere for: (A) a felony, (B) a misdemeanor involving the 
22use or threat of physical force or violence to any person, (C) 
23a misdemeanor involving the use, possession, or distribution of 
24a controlled substance or cannabis within the 10 years 
25preceding the date of the application, or (D) a misdemeanor 
 
 
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1involving the manufacture, sale, carrying, possession, or use 
2of a firearm or dangerous or deadly weapon or ammunition;
3 (5) has not been adjudicated a delinquent minor under the 
4Juvenile Court Act of 1987 or a similar law in another 
5jurisdiction, for an offense which, if committed by an adult, 
6would disqualify the adult for a license under this Section;
7 (6) is not subject to an order of protection under Section 
8112A-14 of the Code of Criminal Procedure of 1963 or under 
9Section 214 of the Illinois Domestic Violence Act of 1986, or 
10any similar law in another jurisdiction;

11 (7) has not been a patient in a mental institution within 
12the past 5 years, has not been adjudicated as having a mental 
13defect, or is not intellectually disabled;
14 (8) is not free on any form of bond or pretrial release, 
15other than for a traffic offense, and has no outstanding 
16warrants in this State or any other state;
17 (9) does not chronically and habitually abuse alcoholic 
18beverages as evidenced by the applicant having one or more 
19conviction for violating Section 11-501 of the Illinois Vehicle 
20Code or similar provision of a local ordinance or another 
21state's law within 5 years preceding the date of the 
22application, or if the applicant has elected treatment under 
23the supervision of a licensed program in accordance with the 
24Alcoholism and Other Drug Abuse and Dependency Act or similar 
25laws of any other state, within 5 years preceding the date of 
26the application;

 
 
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1 (10) has completed firearms training and any educational 
2component required in Section 70 of this Act; and
3 (11) possesses the same powers of eyesight as required for 
4a driver's license under Section 6-109 of the Illinois Vehicle 
5Code.

6 Section 25. Contents of application. 
7 (a) The application shall be in writing, under oath and 
8penalty of perjury, on a standard form adopted by the 
9Department and shall be accompanied by the documentation 
10required in this Section and any applicable fees.

11 (b) The application shall contain the following 
12information:
13  (1) the applicant's name, current address, home and 
14 business telephone numbers, and cell phone number, if any, 
15 gender, date and year of birth, place of birth, height, 
16 weight, hair color, eye color, maiden name or any other 
17 name the applicant has used or identified with, and any 
18 address at which the applicant resided for more than 30 
19 days within the 5 years preceding the date of the 
20 application;
21  (2) the present business or occupation and any business 
22 or occupation in which the applicant has engaged during the 
23 5-year period immediately preceding the application and 
24 the addresses of those businesses or places of employment;
25  (3) the applicant's driver's license or State 
 
 
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1 identification card number and the last 4 digits of the 
2 applicant's social security number;
3  (4) the marital status of the applicant;
4  (5) the names and last known addresses of the 
5 applicant's spouse and any former spouses, children, 
6 stepchildren, and foster children, current household 
7 members and household members during the preceding 5 years:
8  (6) questions to certify or demonstrate the applicant 
9 has completed firearms training and any educational 
10 component required in Section 70 of this Act;
11  (7) proof that the applicant is a resident of this 
12 State and has been for at least the previous 30 days;
13  (8) whether the federal government or a governmental 
14 entity in any state or subdivision of any state has denied 
15 or revoked the applicant's license, permit, registration, 
16 or certificate pertaining to any firearm and if so, the 
17 jurisdiction, the identifying number of the license, 
18 permit, registration, or certificate, the reason, and the 
19 date;
20  (9) whether the applicant has failed a drug test within 
21 the preceding 5 years and if so, the provider of the test, 
22 the specific substance involved, and date of the test;
23  (10) whether the applicant has ever been prohibited by 
24 law from purchasing, possessing, or carrying a firearm and 
25 if so, the jurisdiction, the date, and the reason for the 
26 prohibition;
 
 
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1  (11) whether the applicant has been suspended or 
2 expelled from a postsecondary educational institution, 
3 such as a college or university, because of suspected 
4 mental illness or violent behavior, and if so, the name of 
5 the school, the date, and the reason for the suspension or 
6 expulsion;
7  (12) a description of any incident in which the 
8 applicant threatened, injured or killed any person, if a 
9 firearm was involved or the incident occurred during the 
10 preceding 5 years and the police were involved, including, 
11 for each incident, the date, place, time, circumstances, 
12 and the names of the persons and police agencies involved, 
13 if any;
14  (13) a waiver of privacy and confidentiality rights and 
15 privileges enjoyed by the applicant under any federal and 
16 State laws, including those governing access to juvenile 
17 court, criminal justice, psychological or psychiatric 
18 records, or records relating to the applicant's history of 
19 institutionalization, and an affirmative request that any 
20 person having custody of the record provide it or 
21 information concerning it to the Department;
22  (14) a conspicuous warning that false statements made 
23 by the applicant will result in prosecution for perjury in 
24 accordance with Section 32-2 of the Criminal Code of 2012;
25  (15) an affirmation that the applicant possesses a 
26 currently valid Firearm Owner's Identification Card;
 
 
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1  (16) an affirmation that the applicant has never been 
2 convicted in this State or any other state of (A) a felony, 
3 (B) a misdemeanor involving the use or threat of physical 
4 force or violence to any person, (C) a misdemeanor 
5 involving the use, possession, or distribution of a 
6 controlled substance or cannabis within the 10 years 
7 preceding the date of the application, or (D) a misdemeanor 
8 involving the manufacture, sale, carrying, possession or 
9 use of a firearm or dangerous or deadly weapon or 
10 ammunition;
11  (17) an explanation of the applicant's particularized 
12 need for and intended use of the firearm, including 
13 descriptions of any incident in which the applicant has 
14 been threatened or injured, or copies of police reports or 
15 restraining orders, if applicable;
16  (18) the make, model, manufacturer's name, caliber or 
17 gauge, and serial number of each firearm to be carried 
18 under the license;
19  (19) written agreement that, if the person is 
20 approached by a peace officer while carrying a concealed 
21 firearm under the license, the person will immediately 
22 inform the officer that he or she is in possession of a 
23 firearm and a license to carry a concealed firearm, and 
24 will submit to a pat down search and allow the officer to 
25 take possession of the firearm for the duration of the 
26 encounter;
 
 
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1  (20) written consent to submit to one or more field 
2 sobriety or chemical tests to determine the presence of 
3 alcohol or drugs, at any point when the person is carrying 
4 a concealed firearm and the person is approached by a peace 
5 officer who has a reasonable suspicion that the person is 
6 under the influence of alcohol or a controlled substance;
7  (21) proof that the applicant possesses the same powers 
8 of eyesight as required for a driver's license under 
9 Section 6-109 of the Illinois Vehicle Code. If an applicant 
10 does not possess a current Illinois driver's license, the 
11 applicant may present a current optometrist's or 
12 ophthalmologist's statement certifying the vision reading 
13 obtained from the applicant; and
14  (22) any other information that the sheriff, 
15 Superintendent, or the Department finds necessary to 
16 process an application.
17 (c) A person applying for a license shall provide a head 
18and shoulder color photograph in a size specified by the 
19Department that was taken within the 30 days preceding the date 
20of the application. The applicant shall consent to both the 
21sheriff or Superintendent and the Department reviewing and 
22using the applicant's digital driver's license or Illinois 
23Identification photograph and signature, if available. The 
24Secretary of State shall allow the sheriff or Superintendent 
25and the Department access to the photograph and signature for 
26the purpose of identifying the applicant and issuing to the 
 
 
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1applicant a license.
2 (d) A person applying for a license shall submit with an 
3application a full set of legible fingerprints. Fingerprinting 
4may be administered by the Department or any other federal, 
5State, county, or municipal law enforcement agency. The cost of 
6fingerprinting shall be paid by the applicant. The Department 
7shall accept a hard copy or electronic version of fingerprints.
8 (e) A person applying for a license shall submit a 
9photocopy of a certificate or other evidence of completion of a 
10course to show compliance with Section 70 of this Act.
11 (f) The Department is authorized to establish a system for 
12electronically submitting applications, including applications 
13for renewal or a replacement license.

14 Section 30. Investigation of applicant. 
15 (a) The sheriff, or if the applicant resides in the City of 
16Chicago, the Superintendent of Police, shall complete a 
17background check on an applicant for a license to carry a 
18concealed firearm to ensure compliance with the requirements of 
19this Act and any federal, State, and local laws. The background 
20check shall include a search of the following: 
21  (1) the National Instant Criminal Background Check 
22 System of the Federal Bureau of Investigation;
23  (2) any available State and local criminal history 
24 record information files, including records of juvenile 
25 adjudications;
 
 
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1  (3) any available federal, State, and local records 
2 regarding wanted persons;

3  (4) any available federal, State, and local records of 
4 domestic violence restraining and protective orders;
5  (5) any available federal, State, and local records 
6 identifying persons who are unlawful users of or addicted 
7 to any controlled substance (as defined in Section 802 of 
8 Title 21 of the United States Code);
9  (6) the files of the Department of Human Services 
10 relating to mental health and developmental disabilities; 
11 and
12  (7) any other available files of any federal, State, 
13 local agency, and other entity (private or public) in any 
14 jurisdiction likely to contain information relevant to 
15 whether the applicant is prohibited from purchasing or 
16 possessing a firearm under federal, State, or local law.
17 (b) As part of its investigation, the sheriff, 
18Superintendent, or Department may, at its discretion, conduct 
19interviews of the applicant, any of the applicant's current or 
20former family or household members, co-workers, employers, 
21neighbors, the character references as listed on the 
22application, and any other member of the public who may have 
23information relevant to the application.

24 Section 35. Database of applicants and licensees. 
25 (a) The Department shall maintain a database of applicants 
 
 
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1for a license and licenses. The database shall be available to 
2any law enforcement agencies, State's Attorneys, and the 
3Attorney General. Members and staff of the judiciary may access 
4the database for the purpose of determining whether to 
5confiscate a license or to ensure compliance with this Act or 
6any other law. The database shall be searchable and provide any 
7information included in the application, a photograph of the 
8applicant or licensee, and any information related to 
9violations of this Act. Individual law enforcement agencies 
10shall not maintain a separate, searchable database of 
11applicants and licensees containing information included in 
12the database.
13 (b) The Department shall make available on its website 
14statistical information about the number of licenses issued by 
15county, age, race, or gender. The Department shall also make 
16available on its website and upon request information about the 
17number of arrests and convictions and the types of crimes 
18committed since the last report by licensees. The report shall 
19be updated quarterly. Except as provided in this subsection, 
20applications and information in the database shall be 
21confidential and exempt from disclosure under the Freedom of 
22Information Act. The sheriff, Superintendent, or Department 
23may answer requests to confirm or deny whether a person has 
24been issued a license as part of inquiries dealing with a 
25criminal investigation, and may disclose the existence of an 
26application as necessary to conduct the interviews authorized 
 
 
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1by subsection (b) of Section 30. No law enforcement agency, 
2State's Attorney, or member or staff of the judiciary, other 
3than the Department, shall provide any information to a 
4requester not entitled to it by law, except as provided in this 
5subsection.

6 Section 40. Suspension or revocation of a license. 
7 (a) A license issued or renewed under this Act shall be 
8revoked if, at any time, the licensee is found ineligible for a 
9license based on the criteria set forth in Section 20 of this 
10Act or the licensee no longer possesses a Firearm Owner's 
11Identification Card. This subsection does not apply to a person 
12who has filed an application with the State Police for renewal 
13of a Firearm Owner's Identification Card and who is not 
14otherwise ineligible to obtain a Firearm Owner's 
15Identification Card.
16 (b) A license shall be revoked if an order of protection 
17under Section 112A-14 of the Code of Criminal Procedure of 1963 
18or under Section 214 of the Illinois Domestic Violence Act of 
191986 is issued against a licensee, or if the Department is made 
20aware of a similar order issued against the licensee in any 
21other jurisdiction. If an order of protection is issued against 
22a licensee, the licensee shall surrender the license, as 
23applicable, to the court at the time the order is entered or to 
24the law enforcement agency or entity designated to serve 
25process at the time the licensee is served the order. The 
 
 
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1court, law enforcement agency, or entity responsible for 
2serving the order shall transmit the license to the Department.
3 (c) The Department may temporarily or permanently suspend a 
4license for a violation of Section 55 of this Act in accordance 
5with subsection (g) of Section 55.
6 (d) A license shall be invalid upon expiration of the 
7license, unless the licensee has submitted an application to 
8renew the license. A person who fails to renew his or her 
9application within 30 days after its expiration must reapply 
10for a new license and pay the fee for a new application.
11 (e) The Department may suspend a license if a licensee 
12fails to submit a change of address or name or fails to report 
13a lost or destroyed license to the Department within 30 days.


14 Section 45. Renewal of license. 
15 (a) Not later than 120 days before the expiration of any 
16license issued under this Act, the Department shall notify the 
17licensee in writing of the expiration and furnish an 
18application for renewal of the license or make the application 
19available on-line.
20 (b) Applications for renewal of a license shall be made to 
21the office of the sheriff of the county in which the applicant 
22resides with any accompanying materials and fees, unless the 
23applicant resides in the City of Chicago, in which case the 
24application shall be made to the Superintendent of Police. The 
25sheriff or Superintendent shall follow the procedures in 
 
 
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1Section 15 for submittal of the renewal application and 
2accompanying materials to the Department. A license may be 
3renewed for a period of 5 years upon receipt of a completed 
4renewal application, renewal fees, and completion of an 
5investigation under Section 30. The renewal application shall 
6contain the information required in Section 25, except that the 
7applicant need not resubmit a full set of fingerprints. A 
8license holder must repeat the safety training and testing 
9requirements in Section 70 at least once every 5 years, and 
10more frequently at the discretion of the sheriff or 
11Superintendent.

12 Section 50. Change of address, change of name, or lost or 
13destroyed licenses. 
14 (a) The licensee shall notify the Department within 30 days 
15of moving or changing a residence or any change of name, and 
16upon the discovery of the loss or destruction of a license.
17 (b) If a licensee changes residence within this State or 
18changes his or her name, the licensee shall request a new 
19license. The licensee shall submit a fee in an amount set by 
20the Department, a notarized statement that the licensee has 
21changed residence or his or her name, and a photograph as 
22required in Section 25 of this Act. The statement must include 
23the prior and current address or name and the date the 
24applicant moved or changed his or her name.
25 (c) A lost or destroyed license shall be invalid. To 
 
 
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1request a new license, the licensee shall submit (1) a fee in 
2an amount set by the Department, (2) a notarized statement that 
3the licensee no longer possesses the license and that it was 
4lost or destroyed, (3) a copy of a police report stating that 
5the license was lost, destroyed, or stolen, and (4) a 
6photograph as required in Section 25 of this Act.

7 Section 55. Restrictions. 
8 (a) No license issued under this Act shall authorize any 
9person to knowingly carry a concealed firearm into:
10  (1) Any building under the control of the Governor, 
11 Lieutenant Governor, Attorney General, Secretary of State, 
12 Comptroller, or Treasurer.
13  (2) Any building under control of the General Assembly 
14 or any of its support service agencies, including the 
15 portion of a building in which a committee of the General 
16 Assembly convenes for the purpose of conducting meetings of 
17 committees, joint committees, or legislative commissions.
18  (3) Any courthouse or building occupied in whole or in 
19 part by the Circuit, Appellate, or Supreme Court or a room 
20 designated as a courtroom for court proceedings by any of 
21 these courts.
22  (4) Any meeting of the governing body of a unit of 
23 local government or special district.
24  (5) Any place which is licensed to sell intoxicating 
25 beverages.
 
 
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1  (6) Any area of an airport to which access is 
2 controlled by the inspection of persons and property.
3  (7) Any place where the carrying of a firearm is 
4 prohibited by federal law.
5  (8) Any elementary or secondary school.
6  (9) Any portion of a building used as a child care 
7 facility. Nothing in this Section shall prevent the 
8 operator of a child care facility in a family home from 
9 owning or possessing a firearm or license, so long as the 
10 firearm is stored unloaded in a locked container.
11  (10) Any gaming facility licensed under the Riverboat 
12 Gambling Act or the Illinois Horse Racing Act of 1975.
13  (11) Any gated area of an amusement park.
14  (12) Any stadium, arena, or collegiate or professional 
15 sporting event.
16  (13) A hospital or mental health facility.
17  (14) A library without the written consent of the 
18 library's governing body. The governing body shall inform 
19 the appropriate law enforcement agency of the consent.
20  (15) Any police, sheriff, or State Police office or 
21 station without the consent of the chief law enforcement 
22 officer in charge of that office or station.
23  (16) Any adult or juvenile detention or correctional 
24 institution, prison, or jail.
25  (17) Any polling place on any election day.
26  (18) Any street fair or festival, farmer's market, 
 
 
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1 carnival, concert, protest, parade or other temporary 
2 special event, that is conducted primarily outdoors on 
3 property open to the public, and that requires the issuance 
4 of a permit from the city or county where it occurs, unless 
5 the city or county specifically authorizes licensees to 
6 carry concealed firearms at the event.
7  (19) Any private property without the express 
8 permission of the owner, manager, operator, or individual 
9 with the authority to control activities in that place at 
10 that time. This provision shall apply to private property 
11 of any kind, including private residences and places of 
12 business, regardless of whether they are open or closed to 
13 members of the public.
14  (20) Any building owned, leased, or controlled by a 
15 municipality or any building or property owned, leased or 
16 controlled by a school district unless authorized by a 
17 majority vote of members of its governing board. Nothing in 
18 this paragraph shall prohibit a licensee from carrying a 
19 concealed firearm on any sidewalk, on any highway or 
20 roadway, in any public restroom, or in the licensee's own 
21 residence.
22 (a-1) Nothing in this Act shall preempt, abridge, limit, or 
23diminish the authority of community colleges, and public and 
24private colleges and universities from prohibiting, 
25restricting or otherwise regulating firearms on their 
26campuses, grounds and other property, including but not limited 
 
 
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1to sidewalks, and commons, owned by the school district, 
2community college, or public or private college or university 
3or in buildings used in whole or in part for housing, 
4classrooms, laboratories, medical clinics, hospitals, and 
5artistic, athletic and entertainment venues; or on or in 
6property owned, controlled or leased by officially recognized 
7student organizations or officially recognized 
8university-related organizations.
9 (a-2) Nothing in this Act shall preempt, abridge, limit or 
10diminish the authority of community colleges, and public and 
11private colleges and universities from prohibiting persons 
12from carrying a firearm into a vehicle owned, leased or 
13controlled by the school districts, community colleges, or 
14public or private college or universities regardless of where 
15the vehicle travels. School districts, community colleges, and 
16public or private colleges or universities may develop 
17resolutions, regulations, or policies regarding the storage 
18and maintenance of firearms, including but not limited to 
19designating areas where individuals may park vehicles that 
20carry firearms. These resolutions, regulations, or policies 
21may specify that persons in violation of the resolutions, 
22regulations, or policies may be denied entrance to the campus, 
23grounds, building, vehicles or other property and subjected to 
24a civil fine of no more than $1,500 for any violation of the 
25provisions of the resolution, regulation, or policy.
26 (a-3) Nothing in this Act shall preempt, abridge, limit, or 
 
 
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1diminish the authority of community colleges, and public or 
2private colleges or universities from taking actions 
3proscribed by their resolutions, regulations, or policies 
4against violations of the resolutions, regulations, or 
5policies, which may qualify as student, employee, or visitor 
6misconduct and may result in discipline, including, but not 
7limited to, expulsion from the school district, community 
8college, or public or private college or university, 
9termination of employment or appointment, or suspension or 
10banning from the school district, community college, or public 
11or private college or university campuses, grounds and other 
12property.
13 (a-4) Nothing in this Act shall preempt, abridge, limit, or 
14diminish the authority of community colleges, and public or 
15private colleges and universities from permitting the carrying 
16or use of firearms for the purposes of instruction and 
17curriculum of officially recognized programs, such as military 
18science programs. These programs shall be authorized by the 
19chief executive officer of the community college, or public or 
20private college or university or his or her designee.
21 (b) A licensee shall not be in violation of this Section 
22while he or she is traveling along a public right of way that 
23touches or crosses any of the premises specified in subsection 
24(a) if the handgun is carried on his or her person in 
25accordance with the provisions of this Act or is being 
26transported in a vehicle by the licensee in accordance with any 
 
 
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1other applicable provisions of law.
2 (c) A license to carry a concealed firearm issued or 
3renewed under this Act may include any additional reasonable 
4restrictions or conditions which the Department deems 
5warranted, including restrictions as to the time, place, 
6manner, and circumstances under which the person may carry a 
7firearm. No license to carry a concealed firearm issued under 
8this Act shall be valid within the City of Chicago unless the 
9Superintendent of Police of that City has issued a special 
10permit authorizing the license holder to carry a concealed 
11firearm in the City. No license to carry a concealed firearm 
12shall be valid in Cook County outside the City of Chicago 
13unless the Cook County Sheriff has issued a special permit 
14authorizing the license holder to carry a concealed firearm in 
15Cook County, except that a license holder who has received a 
16special permit from the Superintendent of Police of the City of 
17Chicago shall be authorized to carry a concealed firearm 
18throughout Cook County.
19 (d) If a law enforcement officer initiates an investigative 
20stop, including but not limited to a traffic stop, of a 
21licensee who is carrying a concealed firearm, the licensee 
22shall immediately disclose to the officer that he or she is in 
23possession of a concealed firearm under this Act. The licensee 
24shall comply with any lawful orders and directions from the 
25officer. For the safety of the officer and the public, the 
26officer may conduct a pat down of the licensee and take 
 
 
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1possession of the firearm for the duration of the encounter.
2 (e) A licensee shall not carry a concealed firearm while 
3under the influence of alcohol or any drug, substance, or 
4compound in an amount that would render the licensee unfit to 
5drive under Section 11-501 of the Illinois Vehicle Code. If a 
6licensee is approached by a peace officer while carrying a 
7concealed firearm and the officer has a reasonable suspicion 
8that the licensee is under the influence, the officer may 
9require the licensee to submit to one or more field sobriety or 
10chemical tests to determine the presence of alcohol or any 
11drug, substance, or compound that would render the licensee 
12unfit to drive under Section 11-501 of the Illinois Vehicle 
13Code.
14 (f) A violation of subsection (a), (b), (c), (d), or (e) is 
15a Class B misdemeanor. A knowing violation of subsection (a), 
16(b), (c), (d), or (e) is a Class A misdemeanor. The court may 
17require a licensee to pay a $150 fee, in addition to any other 
18fees or court costs, for a violation of subsection (d).
19 (g) The Department may suspend a license for up to 180 days 
20for a second or subsequent violation of subsection (a), (b), 
21(c), (d), or (e). The Department shall permanently revoke a 
22license for a willful violation of this Section.

23 Section 60. Immunity, employees, and agents.  The office of 
24the county sheriff, or any employee or agent of the county 
25sheriff, or the Superintendent of the Chicago Police Department 
 
 
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1or any employee or agent of the Superintendent, or the 
2Department of State Police shall not be liable for damages in 
3any civil action arising from alleged wrongful or improper 
4granting, denying, renewing, revoking, suspending, or failure 
5to grant, deny, renew, revoke, or suspend licenses issued under 
6this Act, except for willful or wanton misconduct. 

7 Section 65. Statistical report. 
8 (a) By March 1 of each year, the Department shall submit a 
9statistical report to the Governor, the President of the 
10Senate, and the Speaker of the House of Representatives 
11indicating the number of licenses issued, revoked, suspended, 
12denied, and issued after appeal since the last report and in 
13total and also the number of licenses currently valid. The 
14report shall also include the number of arrests and convictions 
15and the types of crimes committed since the last report by 
16licensees, including the name of any licensee who has been 
17convicted of a crime, and the type of crime.
18 (b) The Secretary of State shall conduct a study to 
19determine the cost and feasibility of creating a method of 
20adding an identifiable code, background, or other means to show 
21that an individual has been issued a license by the Department 
22on the person's driver's license.

23 Section 70. Applicant training. 
24 (a) Students in the applicant training course shall provide 
 
 
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1their own safe, functional handgun and factory-loaded 
2ammunition. The applicant shall complete the requirements of 
3this Section for each particular make and model of handguns 
4that the applicant may be licensed to carry.
5 (b) The applicant training course shall be the standardized 
6training course approved by the Department. The sheriff, or, if 
7the applicant resides in the City of Chicago, the 
8Superintendent may impose additional requirements for the 
9training course. The course shall be taught by a qualified 
10firearms instructor, consisting of at least 8 hours of 
11instruction, covering at least the following topics for each 
12particular handgun to be carried by the applicant:

13  (1) handgun safety in the classroom, at home, on the 
14 firing range, or while carrying the firearm;
15  (2) the basic principles of marksmanship;
16  (3) care and cleaning of each particular handgun to be 
17 carried by the applicant;
18  (4) by means of a instruction and videotape produced or 
19 approved by the Department:
20   (A) the requirements for obtaining a license to 
21 carry a concealed firearm in this State;
22   (B) laws relating to firearms as prescribed in this 
23 Act, the Firearm Owners Identification Card Act, 
24 Article 24 of the Criminal Code of 2012, and 18 U.S.C. 
25 921 through 930; and
26   (C) laws relating to the justifiable use of force 
 
 
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1 as prescribed in Article 7 of the Criminal Code of 
2 2012.
3  (5) live firing exercises of sufficient duration for 
4 each applicant to fire each particular handgun to be 
5 carried by the applicant:
6   (A) a minimum of 50 rounds; and
7   (B) 30 rounds from a distance of 7 yards and 20 
8 rounds from a distance of 15 yards at a B-21 silhouette 
9 or equivalent target as approved by the Department;

10  (6) methods for safely storing and securing firearms 
11 and ammunition and preventing access by children and other 
12 unauthorized persons; and
13  (7) techniques for avoiding a criminal attack and how 
14 to manage a violent confrontation, including conflict 
15 resolution.

16 (c) Prior to conducting range firing, the course instructor 
17shall:
18  (1) inspect each applicant's firearm; and
19  (2) not allow the firing of a handgun which is not in 
20 sound mechanical condition or otherwise may pose a safety 
21 hazard.

22 (d) The classroom portion of the course may, at the 
23qualified firearms instructor's discretion, be divided into 
24segments of not less than 2 hours each.
25 (e) Applicant training courses shall not be open to anyone 
26under the age of 21 and no certificate of completion shall be 
 
 
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1issued to persons less than 21 years of age.
2 (f) Instructors shall maintain any records for students' 
3performance for not less than 5 years.
4 (g) At the conclusion of the classroom portion of the 
5applicant training course, the qualified firearms instructor 
6shall:
7  (1) distribute a standard course examination to the 
8 students;
9  (2) not leave the room in which the examination is 
10 being held while the examination is in progress;
11  (3) collect examination booklets and answer sheets 
12 from each student at the end of the examination period; and
13  (4) not grade the examinations in the presence of 
14 students.
15 (h) A person shall not:
16  (1) make an unauthorized copy of the applicant training 
17 course examination, in whole or in part; or
18  (2) possess the applicant training course examination, 
19 or questions from the examination, unless authorized by the 
20 Department.
21 (i) During the firearms safety training course, the 
22applicant must satisfactorily demonstrate to the course 
23instructor the safe handling of each particular handgun to be 
24carried by the applicant. This demonstration must include the 
25proper loading and unloading of the handgun, the proper 
26engaging and disengaging of common firearm safety mechanisms, 
 
 
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1and the proper firing of the handgun. If the handgun has a 
2detachable magazine, the demonstration must also include the 
3proper removal and reattachment of the magazine.
4 (j) Grades of "passing" shall not be given on range work to 
5an applicant who:

6  (1) does not follow the orders of the certified 
7 firearms instructor;
8  (2) in the judgment of the certified firearms 
9 instructor, handles a firearm in a manner that poses a 
10 danger to the applicant or to others; or
11  (3) during the testing portion of the range work fails 
12 to hit the silhouette portion of the target with 70% of the 
13 30 rounds fired for each particular handgun to be carried 
14 by the applicant.
15 (k) Certified firearms instructors shall:

16  (1) allow monitoring of their classes by officials of 
17 any certifying agency;

18  (2) make any course records available upon demand to 
19 authorized personnel of the Department; and
20  (3) not divulge course records except as authorized by 
21 the certifying agency.
22 (l) Fees for applicant training courses shall be set by the 
23instructor.
24 (m) An applicant training course shall not have more than 
2540 students in the classroom portion or more than 5 students 
26per range officer engaged in range firing.
 
 
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1 (n) Within 3 business days after the completion of the 
2course, the certified firearms instructor shall:
3  (1) grade the examinations; and
4  (2) issue to the student:
5   (A) a certificate of successful course completion; 
6 or
7   (B) notification that the applicant has failed the 
8 written portion of the course, the live firing portion 
9 of the course, or both, and will not be issued a 
10 certificate of completion.

11 (o) A student shall be issued a certificate of completion 
12if he or she:
13  (1) answers at least 70% of the written examination 
14 questions correctly. The Department shall develop the 
15 written exam not to exceed 50 questions; and
16  (2) achieves a grade of "passing" on the range work.
17 (p)(1) Students who score below 70% on the written 
18examination may retake the examination one time without having 
19to retake the course.
20 (2) Students who do not achieve a grade of "passing" on the 
21range work may repeat the range work one time without having to 
22retake the course.
23 (q) For purposes of this Section, successful completion of 
24Firearms Instructor Training under Section 75 shall meet the 
25training requirements of this Section if approved by the 
26sheriff or Superintendent.

 
 
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1 Section 75. Firearms instructors training. 
2 (a) Not later than 90 days after the effective date of this 
3Act, the Department shall offer and teach courses to qualify 
4instructors under this Section in each State Police District 
5that has a suitable gun range. Courses shall be available at 
6least bi-monthly, or whenever 5 or more individuals request a 
7class in any State Police District. However, nothing in this 
8Section shall require a course to be held if there are no 
9requests pending, and adjoining districts may combine classes 
10in order to have at least 5 participants.
11 (b) Persons who are not qualified firearms instructors 
12shall not teach applicant training courses or advertise or 
13otherwise represent courses they teach as qualifying their 
14students to meet the requirements to receive a license under 
15this Act.
16 (c) Persons who are not certified instructor trainers shall 
17not teach instructor qualification courses.
18 (d) Persons wishing to become qualified firearms 
19instructors shall:
20  (1) be at least 21 years of age;
21  (2) be a citizen of the United States; and
22  (3) meet the requirements of Section 20, and any 
23 additional requirements established by the Department.
24 (e) Persons wishing to become instructor trainers, in 
25addition to the requirements of subsection (d) of this Section, 
 
 
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1shall:
2  (1) possess a high school diploma or GED certificate; 
3 and
4  (2) have at least one of the following valid firearms 
5 instructor certifications:
6   (A) certification from a firearms instructor's 
7 course offered by a State or federal governmental 
8 agency; or
9   (B) a similar firearms instructor qualifying 
10 course, approved by the Director of State Police or his 
11 or her designee.
12 (f)(1) Persons wishing to become qualified firearms 
13instructors or instructor trainers shall agree to background 
14checks.
15  (2) An applicant to become a qualified firearms 
16 instructor may be disqualified from taking firearms 
17 instructor training, or have his or her instructor 
18 qualification revoked, if the applicant:
19   (A) does not meet the requirements of Section 20 of 
20 this Act;
21   (B) provides false or misleading information on 
22 the application; or
23   (C) has had a prior instructor qualification 
24 revoked by the Department or other issuing body.
25 (g) The training course to certify firearms instructors and 
26instructor trainers shall include:
 
 
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1  (1) At least 16 hours of instruction covering at least 
2 the following topics by means of a videotape produced or 
3 approved by the Department:
4   (A) the requirements for obtaining a license under 
5 this Act;
6   (B) laws relating to firearms as contained in this 
7 Act, the Firearm Owners Identification Card Act, 
8 Article 24 of the Criminal Code of 2012, and 18 U.S.C. 
9 921 through 930;
10   (C) laws relating to the justifiable use of force 
11 as contained in Article 7 of the Criminal Code of 2012;
12   (D) the conducting of applicant training courses;
13   (E) record-keeping requirements of this Act;
14   (F) the basic nomenclature of handguns;
15   (G) the basic principles of marksmanship; and
16   (H) the safe handling of handguns.

17  (2) A classroom demonstration, during which the 
18 instructor candidate shall receive instruction on and 
19 demonstrate competency in the ability to prepare and 
20 deliver a classroom presentation using materials from the 
21 applicant curriculum.
22  (3) Range instruction and firing of live ammunition, 
23 during which the instructor candidate shall receive 
24 instruction on and demonstrate competency in the ability 
25 to:
26   (A) handle and fire a handgun safely and 
 
 
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1 accurately;
2   (B) conduct a function test and safety inspection 
3 of revolvers and pistols;
4   (C) clean revolvers and pistols; and
5   (D) supervise and conduct live firing exercises in 
6 a safe and efficient manner.
7 (h) To qualify as a certified firearms instructor or 
8instructor trainer, instructor candidates shall meet any 
9requirements established by the Department, and achieve:
10  (1) a minimum score of 80% on a written examination 
11 covering the material taught during the classroom portion 
12 of the course; and
13  (2) a minimum score of 80% on range firing of a handgun 
14 while aiming at a B-21 silhouette target or an equivalent 
15 as approved by the Department, with a minimum of:

16   (A) 20 rounds from 7 yards; and
17   (B) 10 rounds from 15 yards; and
18   (C) a score of "passing" from the course instructor 
19 for demonstrating competency in each of the following:

20    (i) supervising and conducting live fire;
21    (ii) cleaning and inspecting handguns; and
22    (iii) preparing and delivering the classroom 
23 lecture.
24 (i) Instructor candidates who fail to meet the minimum 
25requirements of subsection (h) of this Section may retake the 
26examination, range work, or classroom demonstration one time 
 
 
09800HB0831ham001- 40 -LRB098 03658 RLC 44679 a


1without having to repeat the course.
2 (j) Qualified firearms instructor and instructor trainer 
3certificates shall be valid for 10 years from the date of 
4issue. Qualified firearms instructors or instructor trainers 
5may renew their certification by successfully completing a 
6refresher course offered or approved by the Department.
7 (k) The fees for instructor courses or refresher courses 
8shall be $100 per student paid to the Department. Fees shall 
9not be refunded to those who do not pass or otherwise fail to 
10complete a course.
11 (l) Course participants shall provide their own safe, 
12functional handgun and factory-loaded ammunition.
13 (m) Prior to conducting range firing, the course instructor 
14shall:

15  (1) inspect each applicant's firearm; and

16  (2) 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 80. Features of a license. 
20 (a) If an application for a license to carry a concealed 
21firearm is approved, the Department shall issue to the 
22applicant a license to carry a concealed firearm on a form 
23prescribed by the Department which contains the applicant's 
24name, photograph, residence address, date of birth, a unique 
25license number, the make, model, caliber or gauge, and serial 
 
 
09800HB0831ham001- 41 -LRB098 03658 RLC 44679 a


1number of the firearm or firearms to be carried, other personal 
2information as may be required by the Department, the date the 
3license expires, and any additional restrictions or conditions 
4the Department may impose on the applicant's carrying of a 
5firearm.
6 (b) A license to carry a concealed firearm issued by the 
7this State shall not exempt the licensee from the requirements 
8of a background check, including a check of the National 
9Instant Criminal Background Check System, upon purchase or 
10transfer of a firearm.

11 Section 105. The Freedom of Information Act is amended by 
12changing Section 7.5 as follows:

13 (5 ILCS 140/7.5)
14 Sec. 7.5. Statutory Exemptions. To the extent provided for 
15by the statutes referenced below, the following shall be exempt 
16from inspection and copying:
17 (a) All information determined to be confidential under 
18Section 4002 of the Technology Advancement and Development Act.
19 (b) Library circulation and order records identifying 
20library users with specific materials under the Library Records 
21Confidentiality Act.
22 (c) Applications, related documents, and medical records 
23received by the Experimental Organ Transplantation Procedures 
24Board and any and all documents or other records prepared by 
 
 
09800HB0831ham001- 42 -LRB098 03658 RLC 44679 a


1the Experimental Organ Transplantation Procedures Board or its 
2staff relating to applications it has received.
3 (d) Information and records held by the Department of 
4Public Health and its authorized representatives relating to 
5known or suspected cases of sexually transmissible disease or 
6any information the disclosure of which is restricted under the 
7Illinois Sexually Transmissible Disease Control Act.
8 (e) Information the disclosure of which is exempted under 
9Section 30 of the Radon Industry Licensing Act.
10 (f) Firm performance evaluations under Section 55 of the 
11Architectural, Engineering, and Land Surveying Qualifications 
12Based Selection Act.
13 (g) Information the disclosure of which is restricted and 
14exempted under Section 50 of the Illinois Prepaid Tuition Act.
15 (h) Information the disclosure of which is exempted under 
16the State Officials and Employees Ethics Act, and records of 
17any lawfully created State or local inspector general's office 
18that would be exempt if created or obtained by an Executive 
19Inspector General's office under that Act.
20 (i) Information contained in a local emergency energy plan 
21submitted to a municipality in accordance with a local 
22emergency energy plan ordinance that is adopted under Section 
2311-21.5-5 of the Illinois Municipal Code.
24 (j) Information and data concerning the distribution of 
25surcharge moneys collected and remitted by wireless carriers 
26under the Wireless Emergency Telephone Safety Act.
 
 
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1 (k) Law enforcement officer identification information or 
2driver identification information compiled by a law 
3enforcement agency or the Department of Transportation under 
4Section 11-212 of the Illinois Vehicle Code.
5 (l) Records and information provided to a residential 
6health care facility resident sexual assault and death review 
7team or the Executive Council under the Abuse Prevention Review 
8Team Act.
9 (m) Information provided to the predatory lending database 
10created pursuant to Article 3 of the Residential Real Property 
11Disclosure Act, except to the extent authorized under that 
12Article.
13 (n) Defense budgets and petitions for certification of 
14compensation and expenses for court appointed trial counsel as 
15provided under Sections 10 and 15 of the Capital Crimes 
16Litigation Act. This subsection (n) shall apply until the 
17conclusion of the trial of the case, even if the prosecution 
18chooses not to pursue the death penalty prior to trial or 
19sentencing.
20 (o) Information that is prohibited from being disclosed 
21under Section 4 of the Illinois Health and Hazardous Substances 
22Registry Act.
23 (p) Security portions of system safety program plans, 
24investigation reports, surveys, schedules, lists, data, or 
25information compiled, collected, or prepared by or for the 
26Regional Transportation Authority under Section 2.11 of the 
 
 
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1Regional Transportation Authority Act or the St. Clair County 
2Transit District under the Bi-State Transit Safety Act. 
3 (q) Information prohibited from being disclosed by the 
4Personnel Records Review Act. 
5 (r) Information prohibited from being disclosed by the 
6Illinois School Student Records Act. 
7 (s) Information the disclosure of which is restricted under 
8Section 5-108 of the Public Utilities Act. 

9 (t) All identified or deidentified health information in 
10the form of health data or medical records contained in, stored 
11in, submitted to, transferred by, or released from the Illinois 
12Health Information Exchange, and identified or deidentified 
13health information in the form of health data and medical 
14records of the Illinois Health Information Exchange in the 
15possession of the Illinois Health Information Exchange 
16Authority due to its administration of the Illinois Health 
17Information Exchange. The terms "identified" and 
18"deidentified" shall be given the same meaning as in the Health 
19Insurance Accountability and Portability Act of 1996, Public 
20Law 104-191, or any subsequent amendments thereto, and any 
21regulations promulgated thereunder. 
22 (u) Records and information provided to an independent team 
23of experts under Brian's Law. 
24 (v) Names and information of people who have applied for or 
25received Firearm Owner's Identification Cards under the 
26Firearm Owners Identification Card Act. 
 
 
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1 (w) Personally identifiable information which is exempted 
2from disclosure under subsection (g) of Section 19.1 of the 
3Toll Highway Act.
4 (x) Information which is exempted from disclosure under 
5Section 5-1014.3 of the Counties Code or Section 8-11-21 of the 
6Illinois Municipal Code. 
7 (y) Information maintained by the Department of State 
8Police in accordance with subsection (a) of Section 35 of the 
9Guns In Public Act, except as authorized by that Act. 
10(Source: P.A. 96-542, eff. 1-1-10; 96-1235, eff. 1-1-11; 
1196-1331, eff. 7-27-10; 97-80, eff. 7-5-11; 97-333, eff. 
128-12-11; 97-342, eff. 8-12-11; 97-813, eff. 7-13-12; 97-976, 
13eff. 1-1-13.)

14 Section 110. The Criminal Code of 2012 is amended by 
15changing Sections 21-6 and 24-2 as follows:




16 (720 ILCS 5/21-6) (from Ch. 38, par. 21-6)



17 Sec. 21-6. Unauthorized Possession or Storage of Weapons. 

18 (a) Whoever possesses or stores any weapon enumerated in 
19Section 33A-1
in any building or on land supported in whole or 
20in part with public
funds or in any building on such land 
21without
prior written permission from the chief security 
22officer for such land or
building commits a Class A 
23misdemeanor.

24 (b) The chief security officer must grant any reasonable 
 
 
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1request for
permission under paragraph (a).

2 (c) This Section does not apply to a person acting lawfully 
3under the Guns In Public Act. 
4(Source: P.A. 89-685, eff. 6-1-97.)




5 (720 ILCS 5/24-2)



6 Sec. 24-2. Exemptions. 

7 (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and 
824-1(a)(13) and Section
24-1.6 do not apply to
or affect any of 
9the following:


10  (1) Peace officers, and any person summoned by a peace 
11 officer to
assist in making arrests or preserving the 
12 peace, while actually engaged in
assisting such officer.


13  (2) Wardens, superintendents and keepers of prisons,

14 penitentiaries, jails and other institutions for the 
15 detention of persons
accused or convicted of an offense, 
16 while in the performance of their
official duty, or while 
17 commuting between their homes and places of employment.


18  (3) Members of the Armed Services or Reserve Forces of 
19 the United States
or the Illinois National Guard or the 
20 Reserve Officers Training Corps,
while in the performance 
21 of their official duty.


22  (4) Special agents employed by a railroad or a public 
23 utility to
perform police functions, and guards of armored 
24 car companies, while
actually engaged in the performance of 
25 the duties of their employment or
commuting between their 
 
 
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1 homes and places of employment; and watchmen
while actually 
2 engaged in the performance of the duties of their 
3 employment.


4  (5) Persons licensed as private security contractors, 
5 private
detectives, or private alarm contractors, or 
6 employed by an agency
certified by the Department of 
7 Financial and Professional Regulation, if their duties

8 include the carrying of a weapon under the provisions of 
9 the Private
Detective, Private Alarm,
Private Security, 
10 Fingerprint Vendor, and Locksmith Act of 2004,
while 
11 actually
engaged in the performance of the duties of their 
12 employment or commuting
between their homes and places of 
13 employment, provided that such commuting
is accomplished 
14 within one hour from departure from home or place of

15 employment, as the case may be. A person shall be 
16 considered eligible for this
exemption if he or she has 
17 completed the required 20
hours of training for a private 
18 security contractor, private
detective, or private alarm 
19 contractor, or employee of a licensed agency and 20 hours 
20 of required firearm
training, and has been issued a firearm 
21 control card by
the Department of Financial and 
22 Professional Regulation. Conditions for the renewal of

23 firearm control cards issued under the provisions of this 
24 Section
shall be the same as for those cards issued under 
25 the provisions of the
Private Detective, Private Alarm,

26 Private Security, Fingerprint Vendor, and Locksmith Act of 
 
 
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1 2004. The
firearm control card shall be carried by the 
2 private security contractor, private
detective, or private 
3 alarm contractor, or employee of the licensed agency at all

4 times when he or she is in possession of a concealable 
5 weapon.


6  (6) Any person regularly employed in a commercial or 
7 industrial
operation as a security guard for the protection 
8 of persons employed
and private property related to such 
9 commercial or industrial
operation, while actually engaged 
10 in the performance of his or her
duty or traveling between 
11 sites or properties belonging to the
employer, and who, as 
12 a security guard, is a member of a security force of
at 
13 least 5 persons registered with the Department of Financial 
14 and Professional
Regulation; provided that such security 
15 guard has successfully completed a
course of study, 
16 approved by and supervised by the Department of
Financial 
17 and Professional Regulation, consisting of not less than 40 
18 hours of training
that includes the theory of law 
19 enforcement, liability for acts, and the
handling of 
20 weapons. A person shall be considered eligible for this

21 exemption if he or she has completed the required 20
hours 
22 of training for a security officer and 20 hours of required 
23 firearm
training, and has been issued a firearm control 
24 card by
the Department of Financial and Professional 
25 Regulation. Conditions for the renewal of
firearm control 
26 cards issued under the provisions of this Section
shall be 
 
 
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1 the same as for those cards issued under the provisions of 
2 the
Private Detective, Private Alarm,
Private Security, 
3 Fingerprint Vendor, and Locksmith Act of 2004. The
firearm 
4 control card shall be carried by the security guard at all

5 times when he or she is in possession of a concealable 
6 weapon.


7  (7) Agents and investigators of the Illinois 
8 Legislative Investigating
Commission authorized by the 
9 Commission to carry the weapons specified in
subsections 
10 24-1(a)(3) and 24-1(a)(4), while on duty in the course of

11 any investigation for the Commission.


12  (8) Persons employed by a financial institution for the 
13 protection of
other employees and property related to such 
14 financial institution, while
actually engaged in the 
15 performance of their duties, commuting between
their homes 
16 and places of employment, or traveling between sites or

17 properties owned or operated by such financial 
18 institution, provided that
any person so employed has 
19 successfully completed a course of study,
approved by and 
20 supervised by the Department of Financial and Professional 
21 Regulation,
consisting of not less than 40 hours of 
22 training which includes theory of
law enforcement, 
23 liability for acts, and the handling of weapons.
A person 
24 shall be considered to be eligible for this exemption if he 
25 or
she has completed the required 20 hours of training for 
26 a security officer
and 20 hours of required firearm 
 
 
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1 training, and has been issued a
firearm control card by the 
2 Department of Financial and Professional Regulation.

3 Conditions for renewal of firearm control cards issued 
4 under the
provisions of this Section shall be the same as 
5 for those issued under the
provisions of the Private 
6 Detective, Private Alarm,
Private Security, Fingerprint 
7 Vendor, and Locksmith Act of 2004.
Such firearm control 
8 card shall be carried by the person so
trained at all times 
9 when such person is in possession of a concealable
weapon. 
10 For purposes of this subsection, "financial institution" 
11 means a
bank, savings and loan association, credit union or 
12 company providing
armored car services.


13  (9) Any person employed by an armored car company to 
14 drive an armored
car, while actually engaged in the 
15 performance of his duties.


16  (10) Persons who have been classified as peace officers 
17 pursuant
to the Peace Officer Fire Investigation Act.


18  (11) Investigators of the Office of the State's 
19 Attorneys Appellate
Prosecutor authorized by the board of 
20 governors of the Office of the
State's Attorneys Appellate 
21 Prosecutor to carry weapons pursuant to
Section 7.06 of the 
22 State's Attorneys Appellate Prosecutor's Act.


23  (12) Special investigators appointed by a State's 
24 Attorney under
Section 3-9005 of the Counties Code.


25  (12.5) Probation officers while in the performance of 
26 their duties, or
while commuting between their homes, 
 
 
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1 places of employment or specific locations
that are part of 
2 their assigned duties, with the consent of the chief judge 
3 of
the circuit for which they are employed.


4  (13) Court Security Officers while in the performance 
5 of their official
duties, or while commuting between their 
6 homes and places of employment, with
the
consent of the 
7 Sheriff.


8  (13.5) A person employed as an armed security guard at 
9 a nuclear energy,
storage, weapons or development site or 
10 facility regulated by the Nuclear
Regulatory Commission 
11 who has completed the background screening and training

12 mandated by the rules and regulations of the Nuclear 
13 Regulatory Commission.


14  (14) Manufacture, transportation, or sale of weapons 
15 to
persons
authorized under subdivisions (1) through 
16 (13.5) of this
subsection
to
possess those weapons.

17 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 
1824-1.6 do not
apply to or affect
any of the following:


19  (1) Members of any club or organization organized for 
20 the purpose of
practicing shooting at targets upon 
21 established target ranges, whether
public or private, and 
22 patrons of such ranges, while such members
or patrons are 
23 using their firearms on those target ranges.


24  (2) Duly authorized military or civil organizations 
25 while parading,
with the special permission of the 
26 Governor.


 
 
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1  (3) Hunters, trappers or fishermen with a license or

2 permit while engaged in hunting,
trapping or fishing.


3  (4) Transportation of weapons that are broken down in a

4 non-functioning state or are not immediately accessible.

5  (5) Carrying or possessing any pistol, revolver, stun 
6 gun or taser or other firearm on the land or in the legal 
7 dwelling of another adult person as an invitee with that 
8 adult's person's permission to carry a concealed firearm. 
9  (6) Carrying a concealed firearm in accordance with the 
10 Guns In Public Act. 
11 (c) Subsection 24-1(a)(7) does not apply to or affect any 
12of the
following:


13  (1) Peace officers while in performance of their 
14 official duties.


15  (2) Wardens, superintendents and keepers of prisons, 
16 penitentiaries,
jails and other institutions for the 
17 detention of persons accused or
convicted of an offense.


18  (3) Members of the Armed Services or Reserve Forces of 
19 the United States
or the Illinois National Guard, while in 
20 the performance of their official
duty.


21  (4) Manufacture, transportation, or sale of machine 
22 guns to persons
authorized under subdivisions (1) through 
23 (3) of this subsection to
possess machine guns, if the 
24 machine guns are broken down in a
non-functioning state or 
25 are not immediately accessible.


26  (5) Persons licensed under federal law to manufacture 
 
 
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1 any weapon from
which 8 or more shots or bullets can be 
2 discharged by a
single function of the firing device, or 
3 ammunition for such weapons, and
actually engaged in the 
4 business of manufacturing such weapons or
ammunition, but 
5 only with respect to activities which are within the lawful

6 scope of such business, such as the manufacture, 
7 transportation, or testing
of such weapons or ammunition. 
8 This exemption does not authorize the
general private 
9 possession of any weapon from which 8 or more
shots or 
10 bullets can be discharged by a single function of the 
11 firing
device, but only such possession and activities as 
12 are within the lawful
scope of a licensed manufacturing 
13 business described in this paragraph.


14  During transportation, such weapons shall be broken 
15 down in a
non-functioning state or not immediately 
16 accessible.


17  (6) The manufacture, transport, testing, delivery, 
18 transfer or sale,
and all lawful commercial or experimental 
19 activities necessary thereto, of
rifles, shotguns, and 
20 weapons made from rifles or shotguns,
or ammunition for 
21 such rifles, shotguns or weapons, where engaged in
by a 
22 person operating as a contractor or subcontractor pursuant 
23 to a
contract or subcontract for the development and supply 
24 of such rifles,
shotguns, weapons or ammunition to the 
25 United States government or any
branch of the Armed Forces 
26 of the United States, when such activities are
necessary 
 
 
09800HB0831ham001- 54 -LRB098 03658 RLC 44679 a


1 and incident to fulfilling the terms of such contract.


2  The exemption granted under this subdivision (c)(6)

3 shall also apply to any authorized agent of any such 
4 contractor or
subcontractor who is operating within the 
5 scope of his employment, where
such activities involving 
6 such weapon, weapons or ammunition are necessary
and 
7 incident to fulfilling the terms of such contract.


8  During transportation, any such weapon shall be broken 
9 down in a
non-functioning state, or not immediately 
10 accessible.

11  (7) A person possessing a rifle with a barrel or 
12 barrels less than 16 inches in length if: (A) the person 
13 has been issued a Curios and Relics license from the U.S. 
14 Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B) 
15 the person is an active member of a bona fide, nationally 
16 recognized military re-enacting group and the modification 
17 is required and necessary to accurately portray the weapon 
18 for historical re-enactment purposes; the re-enactor is in 
19 possession of a valid and current re-enacting group 
20 membership credential; and the overall length of the weapon 
21 as modified is not less than 26 inches.
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 
 
 
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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 
 
 
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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, these 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-7) Subsection 24-1(a)(6) does not apply to a peace 
26officer while serving as a member of a tactical response team 
 
 
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1or special operations team. A peace officer may not personally 
2own or apply for ownership of a device or attachment of any 
3kind designed, used, or intended for use in silencing the 
4report of any firearm. These devices shall be owned and 
5maintained by lawfully recognized units of government whose 
6duties include the investigation of criminal acts.
7 (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and 
824-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an 
9athlete's possession, transport on official Olympic and 
10Paralympic transit systems established for athletes, or use of 
11competition firearms sanctioned by the International Olympic 
12Committee, the International Paralympic Committee, the 
13International Shooting Sport Federation, or USA Shooting in 
14connection with such athlete's training for and participation 
15in shooting competitions at the 2016 Olympic and Paralympic 
16Games and sanctioned test events leading up to the 2016 Olympic 
17and Paralympic Games. 
18 (h) An information or indictment based upon a violation of 
19any
subsection of this Article need not negative any exemptions 
20contained in
this Article. The defendant shall have the burden 
21of proving such an
exemption.

22 (i) Nothing in this Article shall prohibit, apply to, or 
23affect
the transportation, carrying, or possession, of any 
24pistol or revolver,
stun gun, taser, or other firearm consigned 
25to a common carrier operating
under license of the State of 
26Illinois or the federal government, where
such transportation, 
 
 
09800HB0831ham001- 58 -LRB098 03658 RLC 44679 a


1carrying, or possession is incident to the lawful

2transportation in which such common carrier is engaged; and 
3nothing in this
Article shall prohibit, apply to, or affect the 
4transportation, carrying,
or possession of any pistol, 
5revolver, stun gun, taser, or other firearm,
not the subject of 
6and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of 
7this Article, which is unloaded and enclosed in a case, firearm

8carrying box, shipping box, or other container, by the 
9possessor of a valid
Firearm Owners Identification Card.

10(Source: P.A. 96-7, eff. 4-3-09; 96-230, eff. 1-1-10; 96-742, 
11eff. 8-25-09; 96-1000, eff. 7-2-10; 97-465, eff. 8-22-11; 
1297-676, eff. 6-1-12; 97-936, eff. 1-1-13; 97-1010, eff. 1-1-13; 
13revised 8-23-12.)


14 Section 999. Effective date. This Act takes effect upon 
15becoming law.".