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1 | AN ACT concerning safety.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Firearm Owners Identification Card Act is | ||||||||||||||||||||||||||||||||||||||||||
5 | amended by changing Sections 5, 7, 13.2, and 14 as follows:
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6 | (430 ILCS 65/5) (from Ch. 38, par. 83-5)
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7 | Sec. 5. Application and renewal . | ||||||||||||||||||||||||||||||||||||||||||
8 | (a) The Department of State Police shall either approve or
| ||||||||||||||||||||||||||||||||||||||||||
9 | deny all applications within 30 days from the date they are | ||||||||||||||||||||||||||||||||||||||||||
10 | received ,
except as provided in subsection (b) of this | ||||||||||||||||||||||||||||||||||||||||||
11 | Section, and every applicant found qualified under Section 8 | ||||||||||||||||||||||||||||||||||||||||||
12 | of this Act by
the Department shall be entitled to a Firearm | ||||||||||||||||||||||||||||||||||||||||||
13 | Owner's Identification
Card upon the payment of a $10 fee. Any | ||||||||||||||||||||||||||||||||||||||||||
14 | applicant who is an active duty member of the Armed Forces of | ||||||||||||||||||||||||||||||||||||||||||
15 | the United States, a member of the Illinois National Guard, or | ||||||||||||||||||||||||||||||||||||||||||
16 | a member of the Reserve Forces of the United States is exempt | ||||||||||||||||||||||||||||||||||||||||||
17 | from the application fee. $6 of each fee derived from the
| ||||||||||||||||||||||||||||||||||||||||||
18 | issuance of Firearm Owner's Identification Cards , or renewals | ||||||||||||||||||||||||||||||||||||||||||
19 | thereof,
shall be deposited in the Wildlife and Fish Fund in | ||||||||||||||||||||||||||||||||||||||||||
20 | the State Treasury;
$1 of the fee shall be deposited in the | ||||||||||||||||||||||||||||||||||||||||||
21 | State Police Services Fund and $3 of the fee shall be deposited | ||||||||||||||||||||||||||||||||||||||||||
22 | in the
State Police Firearm Services Fund. | ||||||||||||||||||||||||||||||||||||||||||
23 | (b) (Blank). Renewal applications shall be approved or |
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| |||||||
1 | denied within 60 business days, provided the applicant | ||||||
2 | submitted his or her renewal application prior to the | ||||||
3 | expiration of his or her Firearm Owner's Identification Card. | ||||||
4 | If a renewal application has been submitted prior to the | ||||||
5 | expiration date of the applicant's Firearm Owner's | ||||||
6 | Identification Card, the Firearm Owner's Identification Card | ||||||
7 | shall remain valid while the Department processes the | ||||||
8 | application, unless the person is subject to or becomes | ||||||
9 | subject to revocation under this Act. The cost for a renewal | ||||||
10 | application shall be $10 which shall be deposited into the | ||||||
11 | State Police Firearm Services Fund.
| ||||||
12 | (Source: P.A. 100-906, eff. 1-1-19 .)
| ||||||
13 | (430 ILCS 65/7) (from Ch. 38, par. 83-7)
| ||||||
14 | Sec. 7. Validity of Firearm Owner's Identification Card. | ||||||
15 | (a) Except as provided in Section 8 of this Act or | ||||||
16 | subsection (b) of this Section , a Firearm Owner's
| ||||||
17 | Identification Card issued under the provisions of this Act | ||||||
18 | shall be valid
for the person to whom it is issued for his or | ||||||
19 | her lifetime. A Firearm Owner's
Identification Card issued | ||||||
20 | before the effective date of this amendatory Act of the 102nd | ||||||
21 | General Assembly shall be valid during the Card holder's | ||||||
22 | lifetime regardless of the expiration date on the Card. a | ||||||
23 | period of 10 years from the date
of issuance . | ||||||
24 | (b) (Blank). If a renewal application is submitted to the | ||||||
25 | Department before the expiration date of the applicant's |
| |||||||
| |||||||
1 | current Firearm Owner's Identification Card, the Firearm | ||||||
2 | Owner's Identification Card shall remain valid for a period of | ||||||
3 | 60 business days, unless the person is subject to or becomes | ||||||
4 | subject to revocation under this Act.
| ||||||
5 | (Source: P.A. 100-906, eff. 1-1-19 .)
| ||||||
6 | (430 ILCS 65/13.2) (from Ch. 38, par. 83-13.2)
| ||||||
7 | Sec. 13.2. Name Renewal; name or address change; | ||||||
8 | replacement card. The Department of State Police shall, 60 | ||||||
9 | days
prior to the expiration of a Firearm Owner's | ||||||
10 | Identification Card,
forward by first class mail to each | ||||||
11 | person whose card is to expire a
notification of the
| ||||||
12 | expiration of the card and instructions for renewal.
It is the | ||||||
13 | obligation of the holder of a Firearm Owner's Identification | ||||||
14 | Card
to notify the Department of State Police of any address | ||||||
15 | change since the
issuance of
the Firearm Owner's | ||||||
16 | Identification Card. Whenever any person moves from the | ||||||
17 | residence address named on his or her card, the person shall | ||||||
18 | within 21 calendar days thereafter notify in a form and manner | ||||||
19 | prescribed by the Department of his or her old and new | ||||||
20 | residence addresses and the card number held by him or her. Any | ||||||
21 | person whose legal name has changed from the name on the card | ||||||
22 | that he or she has been previously issued must apply for a | ||||||
23 | corrected card within 30 calendar days after the change. The | ||||||
24 | cost for a corrected card shall be $5. The cost for replacement | ||||||
25 | of a card which has been lost, destroyed, or stolen shall be $5 |
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| |||||||
1 | if the loss, destruction, or theft of the card is reported to | ||||||
2 | the Department of State Police. The fees collected under this | ||||||
3 | Section shall be deposited into the State Police Firearm | ||||||
4 | Services Fund.
| ||||||
5 | (Source: P.A. 100-906, eff. 1-1-19 .)
| ||||||
6 | (430 ILCS 65/14) (from Ch. 38, par. 83-14)
| ||||||
7 | Sec. 14. Sentence.
| ||||||
8 | (a) Until the effective date of this amendatory Act of the | ||||||
9 | 102nd General Assembly, except Except as provided in | ||||||
10 | subsection (a-5), a violation of paragraph (1) of subsection | ||||||
11 | (a) of Section 2, when the
person's Firearm Owner's
| ||||||
12 | Identification Card is expired but the person is not otherwise | ||||||
13 | disqualified
from renewing the card, is a Class A misdemeanor.
| ||||||
14 | (a-5) Until the effective date of this amendatory Act of | ||||||
15 | the 102nd General Assembly, a A violation of paragraph (1) of | ||||||
16 | subsection (a) of Section 2, when the
person's Firearm Owner's
| ||||||
17 | Identification Card is expired but the person is not otherwise | ||||||
18 | disqualified
from owning, purchasing, or possessing firearms, | ||||||
19 | is a petty offense if the card was expired for 6 months or less | ||||||
20 | from the date of expiration. | ||||||
21 | (b) Except as provided in subsection (a) with respect to | ||||||
22 | an expired
card, a violation of paragraph (1) of subsection | ||||||
23 | (a) of Section 2 is a
Class A misdemeanor when the person does | ||||||
24 | not possess a currently valid Firearm
Owner's Identification | ||||||
25 | Card, but is otherwise eligible under this Act. A
second or |
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| |||||||
1 | subsequent violation is a Class 4 felony.
| ||||||
2 | (c) A violation of paragraph (1) of subsection (a) of | ||||||
3 | Section 2 is a Class
3 felony when:
| ||||||
4 | (1) the person's Firearm Owner's Identification Card | ||||||
5 | is revoked or
subject to revocation under Section 8; or
| ||||||
6 | (2) Until the effective date of this amendatory Act of | ||||||
7 | the 102nd General Assembly, the person's Firearm Owner's | ||||||
8 | Identification Card is expired and not
otherwise eligible | ||||||
9 | for renewal under this Act; or
| ||||||
10 | (3) the person does not possess a currently valid | ||||||
11 | Firearm Owner's
Identification Card, and the person is not | ||||||
12 | otherwise eligible under this
Act.
| ||||||
13 | (d) A violation of subsection (a) of Section 3 is a Class 4 | ||||||
14 | felony.
A third or subsequent conviction is a Class 1 felony.
| ||||||
15 | (d-5) Any person who knowingly enters false information on | ||||||
16 | an application
for a Firearm Owner's Identification Card, who | ||||||
17 | knowingly gives a false answer
to any question on the | ||||||
18 | application, or who knowingly submits false evidence in
| ||||||
19 | connection with an application is guilty of a Class 2 felony.
| ||||||
20 | (e) Except as provided by Section 6.1 of this Act, any | ||||||
21 | other
violation of this Act is a Class A misdemeanor.
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22 | (Source: P.A. 97-1131, eff. 1-1-13.)
| ||||||
23 | Section 10. The Firearm Concealed Carry Act is amended by | ||||||
24 | changing Sections 10, 45, 50, 60, 70, and 75 as follows:
|
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| |||||||
1 | (430 ILCS 66/10)
| ||||||
2 | Sec. 10. Issuance of licenses to carry a concealed | ||||||
3 | firearm. | ||||||
4 | (a) The Department shall issue a license to carry a | ||||||
5 | concealed firearm under this Act to an applicant who: | ||||||
6 | (1) meets the qualifications of Section 25 of this | ||||||
7 | Act; | ||||||
8 | (2) has provided the application and documentation | ||||||
9 | required in Section 30 of this Act; | ||||||
10 | (3) has submitted the requisite fees; and | ||||||
11 | (4) does not pose a danger to himself, herself, or | ||||||
12 | others, or a threat to public safety as determined by the | ||||||
13 | Concealed Carry Licensing Review Board in accordance with | ||||||
14 | Section 20. | ||||||
15 | (b) The Department shall issue a renewal, corrected , or | ||||||
16 | duplicate license as provided in this Act. | ||||||
17 | (c) A license shall be valid throughout the State for a | ||||||
18 | period of 5 years from the date of issuance. A license shall | ||||||
19 | permit the licensee to: | ||||||
20 | (1) carry a loaded or unloaded concealed firearm, | ||||||
21 | fully concealed or partially concealed, on or about his or | ||||||
22 | her person; and
| ||||||
23 | (2) keep or carry a loaded or unloaded concealed | ||||||
24 | firearm on or about his or her person within a vehicle. | ||||||
25 | (d) The Department shall make applications for a license | ||||||
26 | available no later than 180 days after the effective date of |
| |||||||
| |||||||
1 | this Act. The Department shall establish rules for the | ||||||
2 | availability and submission of applications in accordance with | ||||||
3 | this Act. | ||||||
4 | (e) An application for a license submitted to the | ||||||
5 | Department that contains all the information and materials | ||||||
6 | required by this Act, including the requisite fee, shall be | ||||||
7 | deemed completed. Except as otherwise provided in this Act, no | ||||||
8 | later than 90 days after receipt of a completed application, | ||||||
9 | the Department shall issue or deny the applicant a license. | ||||||
10 | (f) The Department shall deny the applicant a license if | ||||||
11 | the applicant fails to meet the requirements under this Act or | ||||||
12 | the Department receives a determination from the Board that | ||||||
13 | the applicant is ineligible for a license. The Department must | ||||||
14 | notify the applicant stating the grounds for the denial. The | ||||||
15 | notice of denial must inform the applicant of his or her right | ||||||
16 | to an appeal through administrative and judicial review. | ||||||
17 | (g) A licensee shall possess a license at all times the | ||||||
18 | licensee carries a concealed firearm except: | ||||||
19 | (1) when the licensee is carrying or possessing a | ||||||
20 | concealed firearm on his or her land or in his or her | ||||||
21 | abode, legal dwelling, or fixed place of business, or on | ||||||
22 | the land or in the legal dwelling of another person as an | ||||||
23 | invitee with that person's permission; | ||||||
24 | (2) when the person is authorized to carry a firearm | ||||||
25 | under Section 24-2 of the Criminal Code of 2012, except | ||||||
26 | subsection (a-5) of that Section; or |
| |||||||
| |||||||
1 | (3) when the handgun is broken down in a | ||||||
2 | non-functioning state, is not immediately accessible, or | ||||||
3 | is unloaded and enclosed in a case. | ||||||
4 | (h) If an officer of a law enforcement agency initiates an | ||||||
5 | investigative stop, including but not limited to a traffic | ||||||
6 | stop, of a licensee or a non-resident carrying a concealed | ||||||
7 | firearm under subsection (e) of
Section 40 of this Act, upon | ||||||
8 | the request of the officer the licensee or non-resident shall | ||||||
9 | disclose to the officer that he or she is in possession of a | ||||||
10 | concealed firearm under this Act, or present the license upon | ||||||
11 | the request of the officer if he or she is a licensee or | ||||||
12 | present upon the request of the officer evidence
under | ||||||
13 | paragraph (2) of subsection (e) of Section 40 of this Act that | ||||||
14 | he or she is a non-resident qualified to carry
under that | ||||||
15 | subsection. The disclosure requirement under this subsection | ||||||
16 | (h) is satisfied if the licensee presents his or her license to | ||||||
17 | the officer or the non-resident presents to the officer | ||||||
18 | evidence under paragraph (2) of subsection (e) of Section 40 | ||||||
19 | of this Act that he or she is qualified to carry under that | ||||||
20 | subsection. Upon the request of the officer, the licensee or | ||||||
21 | non-resident shall also identify the location of the concealed | ||||||
22 | firearm and permit the officer to safely secure the firearm | ||||||
23 | for the duration of the investigative stop. During a traffic | ||||||
24 | stop, any
passenger within the vehicle who is a licensee or a | ||||||
25 | non-resident carrying under subsection (e) of
Section 40 of | ||||||
26 | this Act must comply with the requirements of this subsection |
| |||||||
| |||||||
1 | (h). | ||||||
2 | (h-1) If a licensee carrying a firearm or a non-resident | ||||||
3 | carrying a firearm in a vehicle under subsection (e) of | ||||||
4 | Section 40 of this Act is contacted by a law enforcement | ||||||
5 | officer or emergency
services personnel, the law enforcement | ||||||
6 | officer or emergency services personnel may secure the firearm
| ||||||
7 | or direct that it be secured during the duration of the contact | ||||||
8 | if the law enforcement officer or emergency
services personnel | ||||||
9 | determines that it is necessary for the safety of any person
| ||||||
10 | present, including the law enforcement officer or emergency | ||||||
11 | services personnel. The licensee or nonresident
shall submit | ||||||
12 | to the order to secure the firearm. When the law enforcement | ||||||
13 | officer or emergency services
personnel have determined that | ||||||
14 | the licensee or non-resident is not a threat to
the safety of | ||||||
15 | any person present, including the law enforcement officer or | ||||||
16 | emergency services personnel, and
if the licensee or | ||||||
17 | non-resident is physically and mentally capable of
possessing | ||||||
18 | the firearm, the law enforcement officer or emergency services | ||||||
19 | personnel shall return the
firearm to the licensee or | ||||||
20 | non-resident before releasing him or her from the
scene and | ||||||
21 | breaking contact. If the licensee or non-resident is | ||||||
22 | transported for
treatment to another location, the firearm | ||||||
23 | shall be turned over to any peace
officer. The peace officer | ||||||
24 | shall provide a receipt which includes the make,
model, | ||||||
25 | caliber, and serial number of the firearm. | ||||||
26 | (i) The Department shall maintain a database of license |
| |||||||
| |||||||
1 | applicants and licensees. The database shall be available to | ||||||
2 | all federal, State, and local law enforcement agencies, | ||||||
3 | State's Attorneys, the Attorney General, and authorized court | ||||||
4 | personnel. Within 180 days after the effective date of this | ||||||
5 | Act, the database shall be searchable and provide all | ||||||
6 | information included in the application, including the | ||||||
7 | applicant's previous addresses within the 10 years prior to | ||||||
8 | the license application and any information related to | ||||||
9 | violations of this Act. No law enforcement agency, State's | ||||||
10 | Attorney, Attorney General, or member or staff of the | ||||||
11 | judiciary shall provide any information to a requester who is | ||||||
12 | not entitled to it by law. | ||||||
13 | (j) No later than 10 days after receipt of a completed | ||||||
14 | application, the Department shall enter the relevant | ||||||
15 | information about the applicant into the database under | ||||||
16 | subsection (i) of this Section which is accessible by law | ||||||
17 | enforcement agencies.
| ||||||
18 | (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-29, | ||||||
19 | eff. 7-10-15.)
| ||||||
20 | (430 ILCS 66/45)
| ||||||
21 | Sec. 45. Civil immunity; Board, employees, and agents. The | ||||||
22 | Board, Department, local law enforcement agency, or the | ||||||
23 | employees and agents of the Board, Department, or local law | ||||||
24 | enforcement agency participating in the licensing process | ||||||
25 | under this Act shall not be held liable for damages in any |
| |||||||
| |||||||
1 | civil action arising from alleged wrongful or improper | ||||||
2 | granting, denying, renewing, revoking, suspending, or failing | ||||||
3 | to grant, deny, renew, revoke, or suspend a license under this | ||||||
4 | Act, except for willful or wanton misconduct.
| ||||||
5 | (Source: P.A. 98-63, eff. 7-9-13.)
| ||||||
6 | (430 ILCS 66/50)
| ||||||
7 | Sec. 50. Lifetime license License renewal . | ||||||
8 | (a) A license shall be valid during the licensee's | ||||||
9 | lifetime. A license issued before the effective date of this | ||||||
10 | amendatory Act of the 102nd General Assembly shall be valid | ||||||
11 | during the licensee's lifetime regardless of the expiration | ||||||
12 | date on the license. This subsection (a) applies through the | ||||||
13 | 180th day following the effective date of this amendatory Act | ||||||
14 | of the 101st General Assembly. Applications for renewal of a | ||||||
15 | license shall be made to the Department. A license shall be | ||||||
16 | renewed for a period of 5 years upon receipt of a completed | ||||||
17 | renewal application, completion of 3 hours of training | ||||||
18 | required under Section 75 of this Act, payment of the | ||||||
19 | applicable renewal fee, and completion of an investigation | ||||||
20 | under Section 35 of this Act. The renewal application shall | ||||||
21 | contain the information required in Section 30 of this Act, | ||||||
22 | except that the applicant need not resubmit a full set of | ||||||
23 | fingerprints. | ||||||
24 | (b) (Blank). This subsection (b) applies on and after the | ||||||
25 | 181st day following the effective date of this amendatory Act |
| |||||||
| |||||||
1 | of the 101st General Assembly. Applications for renewal of a | ||||||
2 | license shall be made to the Department. A license shall be | ||||||
3 | renewed for a period of 5 years from the date of expiration on | ||||||
4 | the applicant's current license upon the receipt of a | ||||||
5 | completed renewal application, completion of 3 hours of | ||||||
6 | training required under Section 75 of this Act, payment of the | ||||||
7 | applicable renewal fee, and completion of an investigation | ||||||
8 | under Section 35 of this Act. The renewal application shall | ||||||
9 | contain the information required in Section 30 of this Act, | ||||||
10 | except that the applicant need not resubmit a full set of | ||||||
11 | fingerprints.
| ||||||
12 | (Source: P.A. 101-80, eff. 7-12-19.)
| ||||||
13 | (430 ILCS 66/60)
| ||||||
14 | Sec. 60. Fees. | ||||||
15 | (a) All fees collected under this Act shall be deposited | ||||||
16 | as provided in this Section. Application , renewal, and | ||||||
17 | replacement fees shall be non-refundable. | ||||||
18 | (b) An applicant for a new license or a renewal shall | ||||||
19 | submit $150 with the application, of which $120 shall be | ||||||
20 | apportioned to the State Police Firearm Services Fund, $20 | ||||||
21 | shall be apportioned to the Mental Health Reporting Fund, and | ||||||
22 | $10 shall be apportioned to the State Crime Laboratory Fund. | ||||||
23 | (c) A non-resident applicant for a new license or renewal | ||||||
24 | shall submit $300 with the application, of which $250 shall be | ||||||
25 | apportioned to the State Police Firearm Services Fund, $40 |
| |||||||
| |||||||
1 | shall be apportioned to the Mental Health Reporting Fund, and | ||||||
2 | $10 shall be apportioned to the State Crime Laboratory Fund. | ||||||
3 | (d) A licensee requesting a new license replacement in | ||||||
4 | accordance with Section 55 shall submit $75, of which $60 | ||||||
5 | shall be apportioned to the State Police Firearm Services | ||||||
6 | Fund, $5 shall be apportioned to the Mental Health Reporting | ||||||
7 | Fund, and $10 shall be apportioned to the State Crime | ||||||
8 | Laboratory Fund.
| ||||||
9 | (Source: P.A. 98-63, eff. 7-9-13.)
| ||||||
10 | (430 ILCS 66/70) | ||||||
11 | Sec. 70. Violations. | ||||||
12 | (a) A license issued or renewed under this Act shall be | ||||||
13 | revoked if, at any time, the licensee is found to be ineligible | ||||||
14 | for a license under this Act or the licensee no longer meets | ||||||
15 | the eligibility requirements of the Firearm Owners | ||||||
16 | Identification Card Act. | ||||||
17 | (b) A license shall be suspended if an order of | ||||||
18 | protection, including an emergency order of protection, | ||||||
19 | plenary order of protection, or interim order of protection | ||||||
20 | under Article 112A of the Code of Criminal Procedure of 1963 or | ||||||
21 | under the Illinois Domestic Violence Act of 1986, or if a | ||||||
22 | firearms restraining order, including an emergency firearms | ||||||
23 | restraining order, under the Firearms Restraining Order Act, | ||||||
24 | is issued against a licensee for the duration of the order, or | ||||||
25 | if the Department is made aware of a similar order issued |
| |||||||
| |||||||
1 | against the licensee in any other jurisdiction. If an order of | ||||||
2 | protection is issued against a licensee, the licensee shall | ||||||
3 | surrender the license, as applicable, to the court at the time | ||||||
4 | the order is entered or to the law enforcement agency or entity | ||||||
5 | serving process at the time the licensee is served the order. | ||||||
6 | The court, law enforcement agency, or entity responsible for | ||||||
7 | serving the order of protection shall notify the Department | ||||||
8 | within 7 days and transmit the license to the Department. | ||||||
9 | (c) (Blank). A license is invalid upon expiration of the | ||||||
10 | license, unless the licensee has submitted an application to | ||||||
11 | renew the license, and the applicant is otherwise eligible to | ||||||
12 | possess a license under this Act. | ||||||
13 | (d) A licensee shall not carry a concealed firearm while | ||||||
14 | under the influence of alcohol, other drug or drugs, | ||||||
15 | intoxicating compound or combination of compounds, or any | ||||||
16 | combination thereof, under the standards set forth in | ||||||
17 | subsection (a) of Section 11-501 of the Illinois Vehicle Code. | ||||||
18 | A licensee in violation of this subsection (d) shall be | ||||||
19 | guilty of a Class A misdemeanor for a first or second violation | ||||||
20 | and a Class 4 felony for a third violation. The Department may | ||||||
21 | suspend a license for up to 6 months for a second violation and | ||||||
22 | shall permanently revoke a license for a third violation. | ||||||
23 | (e) Except as otherwise provided, a licensee in violation | ||||||
24 | of this Act shall be guilty of a Class B misdemeanor. A second | ||||||
25 | or subsequent violation is a Class A misdemeanor. The | ||||||
26 | Department may suspend a license for up to 6 months for a |
| |||||||
| |||||||
1 | second violation and shall permanently revoke a license for 3 | ||||||
2 | or more violations of Section 65 of this Act. Any person | ||||||
3 | convicted of a violation under this Section shall pay a $150 | ||||||
4 | fee to be deposited into the Mental Health Reporting Fund, | ||||||
5 | plus any applicable court costs or fees. | ||||||
6 | (f) A licensee convicted or found guilty of a violation of | ||||||
7 | this Act who has a valid license and is otherwise eligible to | ||||||
8 | carry a concealed firearm shall only be subject to the | ||||||
9 | penalties under this Section and shall not be subject to the | ||||||
10 | penalties under Section 21-6, paragraph (4), (8), or (10) of | ||||||
11 | subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5) | ||||||
12 | of paragraph (3) of subsection (a) of Section 24-1.6 of the | ||||||
13 | Criminal Code of 2012. Except as otherwise provided in this | ||||||
14 | subsection, nothing in this subsection prohibits the licensee | ||||||
15 | from being subjected to penalties for violations other than | ||||||
16 | those specified in this Act. | ||||||
17 | (g) A licensee whose license is revoked, suspended, or | ||||||
18 | denied shall, within 48 hours of receiving notice of the | ||||||
19 | revocation, suspension, or denial, surrender his or her | ||||||
20 | concealed carry license to the local law enforcement agency | ||||||
21 | where the person resides. The local law enforcement agency | ||||||
22 | shall provide the licensee a receipt and transmit the | ||||||
23 | concealed carry license to the Department of State Police. If | ||||||
24 | the licensee whose concealed carry license has been revoked, | ||||||
25 | suspended, or denied fails to comply with the requirements of | ||||||
26 | this subsection, the law enforcement agency where the person |
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1 | resides may petition the circuit court to issue a warrant to | ||||||
2 | search for and seize the concealed carry license in the | ||||||
3 | possession and under the custody or control of the licensee | ||||||
4 | whose concealed carry license has been revoked, suspended, or | ||||||
5 | denied. The observation of a concealed carry license in the | ||||||
6 | possession of a person whose license has been revoked, | ||||||
7 | suspended, or denied constitutes a sufficient basis for the | ||||||
8 | arrest of that person for violation of this subsection. A | ||||||
9 | violation of this subsection is a Class A misdemeanor. | ||||||
10 | (h) A license issued or renewed under this Act shall be | ||||||
11 | revoked if, at any time, the licensee is found ineligible for a | ||||||
12 | Firearm Owner's Identification Card, or the licensee no longer | ||||||
13 | possesses a valid Firearm Owner's Identification Card. A | ||||||
14 | licensee whose license is revoked under this subsection (h) | ||||||
15 | shall surrender his or her concealed carry license as provided | ||||||
16 | for in subsection (g) of this Section. | ||||||
17 | This subsection shall not apply to a person who has filed | ||||||
18 | an application with the State Police for renewal of a Firearm
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19 | Owner's Identification Card and who is not otherwise | ||||||
20 | ineligible to obtain a Firearm Owner's Identification Card.
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21 | (i) A certified firearms instructor who knowingly provides | ||||||
22 | or offers to provide a false certification that an applicant | ||||||
23 | has completed firearms training as required under this Act is | ||||||
24 | guilty of a Class A misdemeanor. A person guilty of a violation | ||||||
25 | of this subsection (i) is not eligible for court supervision. | ||||||
26 | The Department shall permanently revoke the firearms |
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1 | instructor certification of a person convicted under this | ||||||
2 | subsection (i). | ||||||
3 | (Source: P.A. 100-607, eff. 1-1-19 .)
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4 | (430 ILCS 66/75)
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5 | Sec. 75. Applicant firearm training. | ||||||
6 | (a) Within 60 days of the effective date of this Act, the | ||||||
7 | Department shall begin approval of firearm training courses | ||||||
8 | and shall make a list of approved courses available on the | ||||||
9 | Department's website. | ||||||
10 | (b) An applicant for a new license shall provide proof of | ||||||
11 | completion of a firearms training course or combination of | ||||||
12 | courses approved by the Department of at least 16 hours, which | ||||||
13 | includes range qualification time under subsection (c) of this | ||||||
14 | Section, that covers the following: | ||||||
15 | (1) firearm safety; | ||||||
16 | (2) the basic principles of marksmanship; | ||||||
17 | (3) care, cleaning, loading, and unloading of a | ||||||
18 | concealable firearm; | ||||||
19 | (4) all applicable State and federal laws relating to | ||||||
20 | the ownership, storage, carry, and transportation of a | ||||||
21 | firearm; and | ||||||
22 | (5) instruction on the appropriate and lawful | ||||||
23 | interaction with law enforcement while transporting or | ||||||
24 | carrying a concealed firearm. | ||||||
25 | (c) An applicant for a new license shall provide proof of |
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1 | certification by a certified instructor that the applicant | ||||||
2 | passed a live fire exercise with a concealable firearm | ||||||
3 | consisting of: | ||||||
4 | (1) a minimum of 30 rounds; and | ||||||
5 | (2) 10 rounds from a distance of 5 yards; 10 rounds | ||||||
6 | from a distance of 7 yards; and 10 rounds from a distance | ||||||
7 | of 10 yards at a B-27 silhouette target approved by the | ||||||
8 | Department. | ||||||
9 | (d) (Blank). An applicant for renewal of a license shall | ||||||
10 | provide proof of completion of a firearms training course or | ||||||
11 | combination of courses approved by the Department of at least | ||||||
12 | 3 hours. | ||||||
13 | (e) A certificate of completion for an applicant's firearm | ||||||
14 | training course shall not be issued to a student who: | ||||||
15 | (1) does not follow the orders of the certified | ||||||
16 | firearms instructor;
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17 | (2) in the judgment of the certified instructor, | ||||||
18 | handles a firearm in a manner that poses a danger to the | ||||||
19 | student or to others; or
| ||||||
20 | (3) during the range firing portion of testing fails | ||||||
21 | to hit the target with 70% of the rounds fired. | ||||||
22 | (f) An instructor shall maintain a record of each | ||||||
23 | student's performance for at least 5 years, and shall make all | ||||||
24 | records available upon demand of authorized personnel of the | ||||||
25 | Department. | ||||||
26 | (g) The Department and certified firearms instructors |
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1 | shall recognize up to 8 hours of training already completed | ||||||
2 | toward the 16 hour training requirement under this Section if | ||||||
3 | the training course is submitted to and approved by the | ||||||
4 | Department. Any remaining hours that the applicant completes | ||||||
5 | must at least cover the classroom subject matter of paragraph | ||||||
6 | (4) of subsection (b) of this Section, and the range | ||||||
7 | qualification in subsection (c) of this Section. | ||||||
8 | (h) A person who has qualified to carry a firearm as an | ||||||
9 | active law enforcement or corrections officer, who has | ||||||
10 | successfully completed firearms training as required by his or | ||||||
11 | her law enforcement agency and is authorized by his or her | ||||||
12 | agency to carry a firearm; a person currently certified as a | ||||||
13 | firearms instructor by this Act or by the Illinois Law | ||||||
14 | Enforcement Training Standards Board; or a person who has | ||||||
15 | completed the required training and has been issued a firearm | ||||||
16 | control card by the Department of Financial and Professional | ||||||
17 | Regulation shall be exempt from the requirements of this | ||||||
18 | Section. | ||||||
19 | (i) The Department and certified firearms instructors | ||||||
20 | shall recognize 8 hours of training as completed toward the 16 | ||||||
21 | hour training requirement under this Section, if the applicant | ||||||
22 | is an active, retired, or honorably discharged member of the | ||||||
23 | United States Armed Forces. Any remaining hours that the | ||||||
24 | applicant completes must at least cover the classroom subject | ||||||
25 | matter of paragraph (4) of subsection (b) of this Section, and | ||||||
26 | the range qualification in subsection (c) of this Section.
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1 | (j) The Department and certified firearms instructors | ||||||
2 | shall recognize up to 8 hours of training already
completed | ||||||
3 | toward the 16 hour training requirement under this Section if | ||||||
4 | the training course is approved
by the Department and was | ||||||
5 | completed in connection with the applicant's previous | ||||||
6 | employment as a law
enforcement or corrections officer. Any | ||||||
7 | remaining hours that the applicant completes must at least | ||||||
8 | cover the classroom
subject matter of paragraph (4) of | ||||||
9 | subsection (b) of this Section, and the range qualification in
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10 | subsection (c) of this Section. A former law enforcement or | ||||||
11 | corrections officer seeking credit under this subsection (j) | ||||||
12 | shall provide evidence that he or she separated from | ||||||
13 | employment in good standing from each law enforcement agency | ||||||
14 | where he or she was employed. An applicant who was discharged | ||||||
15 | from a law enforcement agency for misconduct or disciplinary | ||||||
16 | reasons is not eligible for credit under this subsection (j). | ||||||
17 | (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.)
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