(430 ILCS 66/1) Sec. 1. Short title. This Act may be cited as the Firearm Concealed Carry Act. (Source: P.A. 98-63, eff. 7-9-13.)
(430 ILCS 66/5) Sec. 5. Definitions. As used in this Act:"Applicant" means a person who is applying for a license to carry a concealed firearm under this Act."Board" means the Concealed Carry Licensing Review Board."Concealed firearm" means a loaded or unloaded handgun carried on or about a person completely or mostly concealed from view of the public or on or about a person within a vehicle."Department" means the Department of State Police."Director" means the Director of State Police."Handgun" means any device which is designed to expel a projectile or projectiles by the action of an explosion, expansion of gas, or escape of gas that is designed to be held and fired by the use of a single hand. "Handgun" does not include:(1) a stun gun or taser;(2) a machine gun as defined in item (i) of paragraph
(7) of subsection (a) of Section 24-1 of the Criminal Code of 2012;
(3) a short-barreled rifle or shotgun as defined in
item (ii) of paragraph (7) of subsection (a) of Section 24-1 of the Criminal Code of 2012; or
(4) any pneumatic gun, spring gun, paint ball gun, or
B-B gun which expels a single globular projectile not exceeding .18 inch in diameter, or which has a maximum muzzle velocity of less than 700 feet per second, or which expels breakable paint balls containing washable marking colors.
"Law enforcement agency" means any federal, State, or local law enforcement agency, including offices of State's Attorneys and the Office of the Attorney General."License" means a license issued by the Department of State Police to carry a concealed handgun."Licensee" means a person issued a license to carry a concealed handgun."Municipality" has the meaning ascribed to it in Section 1 of Article VII of the Illinois Constitution."Unit of local government" has the meaning ascribed to it in Section 1 of Article VII of the Illinois Constitution. (Source: P.A. 98-63, eff. 7-9-13.)
(430 ILCS 66/10) Sec. 10. Issuance of licenses to carry a concealed firearm. (a) The Department shall issue a license to carry a concealed firearm under this Act to an applicant who:(1) meets the qualifications of Section 25 of this
Act;
(2) has provided the application and documentation
required in Section 30 of this Act;
(3) has submitted the requisite fees; and(4) does not pose a danger to himself, herself, or
others, or a threat to public safety as determined by the Concealed Carry Licensing Review Board in accordance with Section 20.
(b) The Department shall issue a renewal, corrected, or duplicate license as provided in this Act.(c) A license shall be valid throughout the State for a period of 5 years from the date of issuance. A license shall permit the licensee to:(1) carry a loaded or unloaded concealed firearm,
fully concealed or partially concealed, on or about his or her person; and
(2) keep or carry a loaded or unloaded concealed
firearm on or about his or her person within a vehicle.
(d) The Department shall make applications for a license available no later than 180 days after the effective date of this Act. The Department shall establish rules for the availability and submission of applications in accordance with this Act.(e) An application for a license submitted to the Department that contains all the information and materials required by this Act, including the requisite fee, shall be deemed completed. Except as otherwise provided in this Act, no later than 90 days after receipt of a completed application, the Department shall issue or deny the applicant a license.(f) The Department shall deny the applicant a license if the applicant fails to meet the requirements under this Act or the Department receives a determination from the Board that the applicant is ineligible for a license. The Department must notify the applicant stating the grounds for the denial. The notice of denial must inform the applicant of his or her right to an appeal through administrative and judicial review.(g) A licensee shall possess a license at all times the licensee carries a concealed firearm except:(1) when the licensee is carrying or possessing a
concealed firearm on his or her land or in his or her abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission;
(2) when the person is authorized to carry a firearm
under Section 24-2 of the Criminal Code of 2012, except subsection (a-5) of that Section; or
(3) when the handgun is broken down in a
non-functioning state, is not immediately accessible, or is unloaded and enclosed in a case.
(h) If an officer of a law enforcement agency initiates an investigative stop, including but not limited to a traffic stop, of a licensee or a non-resident carrying a concealed firearm under subsection (e) of Section 40 of this Act, upon the request of the officer the licensee or non-resident shall disclose to the officer that he or she is in possession of a concealed firearm under this Act, or present the license upon the request of the officer if he or she is a licensee or present upon the request of the officer evidence under paragraph (2) of subsection (e) of Section 40 of this Act that he or she is a non-resident qualified to carry under that subsection. The disclosure requirement under this subsection (h) is satisfied if the licensee presents his or her license to the officer or the non-resident presents to the officer evidence under paragraph (2) of subsection (e) of Section 40 of this Act that he or she is qualified to carry under that subsection. Upon the request of the officer, the licensee or non-resident shall also identify the location of the concealed firearm and permit the officer to safely secure the firearm for the duration of the investigative stop. During a traffic stop, any passenger within the vehicle who is a licensee or a non-resident carrying under subsection (e) of Section 40 of this Act must comply with the requirements of this subsection (h). (h-1) If a licensee carrying a firearm or a non-resident carrying a firearm in a vehicle under subsection (e) of Section 40 of this Act is contacted by a law enforcement officer or emergency services personnel, the law enforcement officer or emergency services personnel may secure the firearm or direct that it be secured during the duration of the contact if the law enforcement officer or emergency services personnel determines that it is necessary for the safety of any person present, including the law enforcement officer or emergency services personnel. The licensee or nonresident shall submit to the order to secure the firearm. When the law enforcement officer or emergency services personnel have determined that the licensee or non-resident is not a threat to the safety of any person present, including the law enforcement officer or emergency services personnel, and if the licensee or non-resident is physically and mentally capable of possessing the firearm, the law enforcement officer or emergency services personnel shall return the firearm to the licensee or non-resident before releasing him or her from the scene and breaking contact. If the licensee or non-resident is transported for treatment to another location, the firearm shall be turned over to any peace officer. The peace officer shall provide a receipt which includes the make, model, caliber, and serial number of the firearm. (i) The Department shall maintain a database of license applicants and licensees. The database shall be available to all federal, State, and local law enforcement agencies, State's Attorneys, the Attorney General, and authorized court personnel. Within 180 days after the effective date of this Act, the database shall be searchable and provide all information included in the application, including the applicant's previous addresses within the 10 years prior to the license application and any information related to violations of this Act. No law enforcement agency, State's Attorney, Attorney General, or member or staff of the judiciary shall provide any information to a requester who is not entitled to it by law.(j) No later than 10 days after receipt of a completed application, the Department shall enter the relevant information about the applicant into the database under subsection (i) of this Section which is accessible by law enforcement agencies. (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-29, eff. 7-10-15.)
(430 ILCS 66/15) Sec. 15. Objections by law enforcement agencies. (a) Any law enforcement agency may submit an objection to a license applicant based upon a reasonable suspicion that the applicant is a danger to himself or herself or others, or a threat to public safety. The objection shall be made by the chief law enforcement officer of the law enforcement agency, or his or her designee, and must include any information relevant to the objection. If a law enforcement agency submits an objection within 30 days after the entry of an applicant into the database, the Department shall submit the objection and all information available to the Board under State and federal law related to the application to the Board within 10 days of completing all necessary background checks.(b) If an applicant has 5 or more arrests for any reason, that have been entered into the Criminal History Records Information (CHRI) System, within the 7 years preceding the date of application for a license, or has 3 or more arrests within the 7 years preceding the date of application for a license for any combination of gang-related offenses, the Department shall object and submit the applicant's arrest record to the extent the Board is allowed to receive that information under State and federal law, the application materials, and any additional information submitted by a law enforcement agency to the Board. For purposes of this subsection, "gang-related offense" is an offense described in Section 12-6.4, Section 24-1.8, Section 25-5, Section 33-4, or Section 33G-4, or in paragraph (1) of subsection (a) of Section 12-6.2, paragraph (2) of subsection (b) of Section 16-30, paragraph (2) of subsection (b) of Section 31-4, or item (iii) of paragraph (1.5) of subsection (i) of Section 48-1 of the Criminal Code of 2012.(c) The referral of an objection under this Section to the Board shall toll the 90-day period for the Department to issue or deny the applicant a license under subsection (e) of Section 10 of this Act, during the period of review and until the Board issues its decision.(d) If no objection is made by a law enforcement agency or the Department under this Section, the Department shall process the application in accordance with this Act. (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.)
(430 ILCS 66/20) Sec. 20. Concealed Carry Licensing Review Board. (a) There is hereby created within the Department of State Police a Concealed Carry Licensing Review Board to consider any objection to an applicant's eligibility to obtain a license under this Act submitted by a law enforcement agency or the Department under Section 15 of this Act. The Board shall consist of 7 commissioners to be appointed by the Governor, with the advice and consent of the Senate, with 3 commissioners residing within the First Judicial District and one commissioner residing within each of the 4 remaining Judicial Districts. No more than 4 commissioners shall be members of the same political party. The Governor shall designate one commissioner as the Chairperson. The Board shall consist of:(1) one commissioner with at least 5 years of service
as a federal judge;
(2) 2 commissioners with at least 5 years of
experience serving as an attorney with the United States Department of Justice;
(3) 3 commissioners with at least 5 years of
experience as a federal agent or employee with investigative experience or duties related to criminal justice under the United States Department of Justice, Drug Enforcement Administration, Department of Homeland Security, or Federal Bureau of Investigation; and
(4) one member with at least 5 years of experience as
a licensed physician or clinical psychologist with expertise in the diagnosis and treatment of mental illness.
(b) The initial terms of the commissioners shall end on January 12, 2015. Thereafter, the commissioners shall hold office for 4 years, with terms expiring on the second Monday in January of the fourth year. Commissioners may be reappointed. Vacancies in the office of commissioner shall be filled in the same manner as the original appointment, for the remainder of the unexpired term. The Governor may remove a commissioner for incompetence, neglect of duty, malfeasance, or inability to serve. Commissioners shall receive compensation in an amount equal to the compensation of members of the Executive Ethics Commission and may be reimbursed for reasonable expenses actually incurred in the performance of their Board duties, from funds appropriated for that purpose.(c) The Board shall meet at the call of the chairperson as often as necessary to consider objections to applications for a license under this Act. If necessary to ensure the participation of a commissioner, the Board shall allow a commissioner to participate in a Board meeting by electronic communication. Any commissioner participating electronically shall be deemed present for purposes of establishing a quorum and voting.(d) The Board shall adopt rules for the review of objections and the conduct of hearings. The Board shall maintain a record of its decisions and all materials considered in making its decisions. All Board decisions and voting records shall be kept confidential and all materials considered by the Board shall be exempt from inspection except upon order of a court.(e) In considering an objection of a law enforcement agency or the Department, the Board shall review the materials received with the objection from the law enforcement agency or the Department. By a vote of at least 4 commissioners, the Board may request additional information from the law enforcement agency, Department, or the applicant, or the testimony of the law enforcement agency, Department, or the applicant. The Board may require that the applicant submit electronic fingerprints to the Department for an updated background check where the Board determines it lacks sufficient information to determine eligibility. The Board may only consider information submitted by the Department, a law enforcement agency, or the applicant. The Board shall review each objection and determine by a majority of commissioners whether an applicant is eligible for a license.(f) The Board shall issue a decision within 30 days of receipt of the objection from the Department. However, the Board need not issue a decision within 30 days if:(1) the Board requests information from the
applicant, including but not limited to electronic fingerprints to be submitted to the Department, in accordance with subsection (e) of this Section, in which case the Board shall make a decision within 30 days of receipt of the required information from the applicant;
(2) the applicant agrees, in writing, to allow the
Board additional time to consider an objection; or
(3) the Board notifies the applicant and the
Department that the Board needs an additional 30 days to issue a decision.
(g) If the Board determines by a preponderance of the evidence that the applicant poses a danger to himself or herself or others, or is a threat to public safety, then the Board shall affirm the objection of the law enforcement agency or the Department and shall notify the Department that the applicant is ineligible for a license. If the Board does not determine by a preponderance of the evidence that the applicant poses a danger to himself or herself or others, or is a threat to public safety, then the Board shall notify the Department that the applicant is eligible for a license.(h) Meetings of the Board shall not be subject to the Open Meetings Act and records of the Board shall not be subject to the Freedom of Information Act.(i) The Board shall report monthly to the Governor and the General Assembly on the number of objections received and provide details of the circumstances in which the Board has determined to deny licensure based on law enforcement or Department objections under Section 15 of this Act. The report shall not contain any identifying information about the applicants. (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.)
(430 ILCS 66/25) Sec. 25. Qualifications for a license. The Department shall issue a license to an applicant completing an application in accordance with Section 30 of this Act if the person:(1) is at least 21 years of age;(2) has a currently valid Firearm Owner's
Identification Card and at the time of application meets the requirements for the issuance of a Firearm Owner's Identification Card and is not prohibited under the Firearm Owners Identification Card Act or federal law from possessing or receiving a firearm;
(3) has not been convicted or found guilty in this
State or in any other state of:
(A) a misdemeanor involving the use or threat of
physical force or violence to any person within the 5 years preceding the date of the license application; or
(B) 2 or more violations related to driving
while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof, within the 5 years preceding the date of the license application;
(4) is not the subject of a pending arrest warrant,
prosecution, or proceeding for an offense or action that could lead to disqualification to own or possess a firearm;
(5) has not been in residential or court-ordered
treatment for alcoholism, alcohol detoxification, or drug treatment within the 5 years immediately preceding the date of the license application; and
(6) has completed firearms training and any
education component required under Section 75 of this Act.
(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
(430 ILCS 66/30) Sec. 30. Contents of license application. (a) The license application shall be in writing, under penalty of perjury, on a standard form adopted by the Department and shall be accompanied by the documentation required in this Section and the applicable fee. Each application form shall include the following statement printed in bold type: "Warning: Entering false information on this form is punishable as perjury under Section 32-2 of the Criminal Code of 2012."(b) The application shall contain the following:(1) the applicant's name, current address, date and
year of birth, place of birth, height, weight, hair color, eye color, maiden name or any other name the applicant has used or identified with, and any address where the applicant resided for more than 30 days within the 10 years preceding the date of the license application;
(2) the applicant's valid driver's license number
or valid state identification card number;
(3) a waiver of the applicant's privacy and
confidentiality rights and privileges under all federal and state laws, including those limiting access to juvenile court, criminal justice, psychological, or psychiatric records or records relating to any institutionalization of the applicant, and an affirmative request that a person having custody of any of these records provide it or information concerning it to the Department. The waiver only applies to records sought in connection with determining whether the applicant qualifies for a license to carry a concealed firearm under this Act, or whether the applicant remains in compliance with the Firearm Owners Identification Card Act;
(4) an affirmation that the applicant possesses a
currently valid Firearm Owner's Identification Card and card number if possessed or notice the applicant is applying for a Firearm Owner's Identification Card in conjunction with the license application;
(5) an affirmation that the applicant has not been
convicted or found guilty of:
(A) a felony;(B) a misdemeanor involving the use or threat of
physical force or violence to any person within the 5 years preceding the date of the application; or
(C) 2 or more violations related to driving while
under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof, within the 5 years preceding the date of the license application; and
(6) whether the applicant has failed a drug test for
a drug for which the applicant did not have a prescription, within the previous year, and if so, the provider of the test, the specific substance involved, and the date of the test;
(7) written consent for the Department to review and
use the applicant's Illinois digital driver's license or Illinois identification card photograph and signature;
(8) a full set of fingerprints submitted to the
Department in electronic format, provided the Department may accept an application submitted without a set of fingerprints in which case the Department shall be granted 30 days in addition to the 90 days provided under subsection (e) of Section 10 of this Act to issue or deny a license;
(9) a head and shoulder color photograph in a size
specified by the Department taken within the 30 days preceding the date of the license application; and
(10) a photocopy of any certificates or other
evidence of compliance with the training requirements under this Act.
(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)
(430 ILCS 66/35) Sec. 35. Investigation of the applicant. The Department shall conduct a background check of the applicant to ensure compliance with the requirements of this Act and all federal, State, and local laws. The background check shall include a search of the following:(1) the National Instant Criminal Background Check
System of the Federal Bureau of Investigation;
(2) all available state and local criminal history
record information files, including records of juvenile adjudications;
(3) all available federal, state, and local records
regarding wanted persons;
(4) all available federal, state, and local records
of domestic violence restraining and protective orders;
(5) the files of the Department of Human Services
relating to mental health and developmental disabilities; and
(6) all other available records of a federal, state,
or local agency or other public entity in any jurisdiction likely to contain information relevant to whether the applicant is prohibited from purchasing, possessing, or carrying a firearm under federal, state, or local law.
Fingerprints collected under Section 30 shall be checked against the Department of State Police and Federal Bureau of Investigation criminal history record databases now and hereafter filed. The Department shall charge applicants a fee for conducting the criminal history records check, which shall be deposited in the State Police Services Fund and shall not exceed the actual cost of the records check. (Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
(430 ILCS 66/40) Sec. 40. Non-resident license applications. (a) For the purposes of this Section, "non-resident" means a person who has not resided within this State for more than 30 days and resides in another state or territory.(b) The Department shall by rule allow for non-resident license applications from any state or territory of the United States with laws related to firearm ownership, possession, and carrying, that are substantially similar to the requirements to obtain a license under this Act.(c) A resident of a state or territory approved by the Department under subsection (b) of this Section may apply for a non-resident license. The applicant shall apply to the Department and must meet all of the qualifications established in Section 25 of this Act, except for the Illinois residency requirement in item (xiv) of paragraph (2) of subsection (a) of Section 4 of the Firearm Owners Identification Card Act. The applicant shall submit:(1) the application and documentation required under
Section 30 of this Act and the applicable fee;
(2) a notarized document stating that the applicant:(A) is eligible under federal law and the laws of
his or her state or territory of residence to own or possess a firearm;
(B) if applicable, has a license or permit to
carry a firearm or concealed firearm issued by his or her state or territory of residence and attach a copy of the license or permit to the application;
(C) understands Illinois laws pertaining to the
possession and transport of firearms; and
(D) acknowledges that the applicant is subject to
the jurisdiction of the Department and Illinois courts for any violation of this Act;
(3) a photocopy of any certificates or other evidence
of compliance with the training requirements under Section 75 of this Act; and
(4) a head and shoulder color photograph in a size
specified by the Department taken within the 30 days preceding the date of the application.
(d) In lieu of an Illinois driver's license or Illinois identification card, a non-resident applicant shall provide similar documentation from his or her state or territory of residence. In lieu of a valid Firearm Owner's Identification Card, the applicant shall submit documentation and information required by the Department to obtain a Firearm Owner's Identification Card, including an affidavit that the non-resident meets the mental health standards to obtain a firearm under Illinois law, and the Department shall ensure that the applicant would meet the eligibility criteria to obtain a Firearm Owner's Identification card if he or she was a resident of this State.(e) Nothing in this Act shall prohibit a non-resident from transporting a concealed firearm within his or her vehicle in Illinois, if the concealed firearm remains within his or her vehicle and the non-resident:(1) is not prohibited from owning or possessing a
firearm under federal law;
(2) is eligible to carry a firearm in public under
the laws of his or her state or territory of residence, as evidenced by the possession of a concealed carry license or permit issued by his or her state of residence, if applicable; and
(3) is not in possession of a license under this Act.If the non-resident leaves his or her vehicle unattended, he or she shall store the firearm within a locked vehicle or locked container within the vehicle in accordance with subsection (b) of Section 65 of this Act. (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-78, eff. 7-20-15.)
(430 ILCS 66/45) Sec. 45. Civil immunity; Board, employees, and agents. The Board, Department, local law enforcement agency, or the employees and agents of the Board, Department, or local law enforcement agency participating in the licensing process under this Act shall not be held liable for damages in any civil action arising from alleged wrongful or improper granting, denying, renewing, revoking, suspending, or failing to grant, deny, renew, revoke, or suspend a license under this Act, except for willful or wanton misconduct. (Source: P.A. 98-63, eff. 7-9-13.)
(430 ILCS 66/50) Sec. 50. License renewal. (a) This subsection (a) applies through the 180th day following the effective date of this amendatory Act of the 101st General Assembly. Applications for renewal of a license shall be made to the Department. A license shall be renewed for a period of 5 years upon receipt of a completed renewal application, completion of 3 hours of training required under Section 75 of this Act, payment of the applicable renewal fee, and completion of an investigation under Section 35 of this Act. The renewal application shall contain the information required in Section 30 of this Act, except that the applicant need not resubmit a full set of fingerprints.(b) This subsection (b) applies on and after the 181st day following the effective date of this amendatory Act of the 101st General Assembly. Applications for renewal of a license shall be made to the Department. A license shall be renewed for a period of 5 years from the date of expiration on the applicant's current license upon the receipt of a completed renewal application, completion of 3 hours of training required under Section 75 of this Act, payment of the applicable renewal fee, and completion of an investigation under Section 35 of this Act. The renewal application shall contain the information required in Section 30 of this Act, except that the applicant need not resubmit a full set of fingerprints. (Source: P.A. 101-80, eff. 7-12-19.)
(430 ILCS 66/55) Sec. 55. Change of address or name; lost, destroyed, or stolen licenses. (a) A licensee shall notify the Department within 30 days of moving or changing residence or any change of name. The licensee shall submit the requisite fee and the Department may require a notarized statement that the licensee has changed his or her residence or his or her name, including the prior and current address or name and the date the applicant moved or changed his or her name.(b) A licensee shall notify the Department within 10 days of discovering that a license has been lost, destroyed, or stolen. A lost, destroyed, or stolen license is invalid. To request a replacement license, the licensee shall submit:(1) a notarized statement that the licensee no longer
possesses the license, and that it was lost, destroyed, or stolen;
(2) if applicable, a copy of a police report stating
that the license was stolen; and
(3) the requisite fee.(c) A violation of this Section is a petty offense with a fine of $150 which shall be deposited into the Mental Health Reporting Fund. (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)
(430 ILCS 66/60) Sec. 60. Fees. (a) All fees collected under this Act shall be deposited as provided in this Section. Application, renewal, and replacement fees shall be non-refundable.(b) An applicant for a new license or a renewal shall submit $150 with the application, of which $120 shall be apportioned to the State Police Firearm Services Fund, $20 shall be apportioned to the Mental Health Reporting Fund, and $10 shall be apportioned to the State Crime Laboratory Fund.(c) A non-resident applicant for a new license or renewal shall submit $300 with the application, of which $250 shall be apportioned to the State Police Firearm Services Fund, $40 shall be apportioned to the Mental Health Reporting Fund, and $10 shall be apportioned to the State Crime Laboratory Fund.(d) A licensee requesting a new license in accordance with Section 55 shall submit $75, of which $60 shall be apportioned to the State Police Firearm Services Fund, $5 shall be apportioned to the Mental Health Reporting Fund, and $10 shall be apportioned to the State Crime Laboratory Fund. (Source: P.A. 98-63, eff. 7-9-13.)
(430 ILCS 66/65) Sec. 65. Prohibited areas. (a) A licensee under this Act shall not knowingly carry a firearm on or into:(1) Any building, real property, and parking area
under the control of a public or private elementary or secondary school.
(2) Any building, real property, and parking area
under the control of a pre-school or child care facility, including any room or portion of a building under the control of a pre-school or child care facility. Nothing in this paragraph shall prevent the operator of a child care facility in a family home from owning or possessing a firearm in the home or license under this Act, if no child under child care at the home is present in the home or the firearm in the home is stored in a locked container when a child under child care at the home is present in the home.
(3) Any building, parking area, or portion of a
building under the control of an officer of the executive or legislative branch of government, provided that nothing in this paragraph shall prohibit a licensee from carrying a concealed firearm onto the real property, bikeway, or trail in a park regulated by the Department of Natural Resources or any other designated public hunting area or building where firearm possession is permitted as established by the Department of Natural Resources under Section 1.8 of the Wildlife Code.
(4) Any building designated for matters before a
circuit court, appellate court, or the Supreme Court, or any building or portion of a building under the control of the Supreme Court.
(5) Any building or portion of a building under the
control of a unit of local government.
(6) Any building, real property, and parking area
under the control of an adult or juvenile detention or correctional institution, prison, or jail.
(7) Any building, real property, and parking area
under the control of a public or private hospital or hospital affiliate, mental health facility, or nursing home.
(8) Any bus, train, or form of transportation paid
for in whole or in part with public funds, and any building, real property, and parking area under the control of a public transportation facility paid for in whole or in part with public funds.
(9) Any building, real property, and parking area
under the control of an establishment that serves alcohol on its premises, if more than 50% of the establishment's gross receipts within the prior 3 months is from the sale of alcohol. The owner of an establishment who knowingly fails to prohibit concealed firearms on its premises as provided in this paragraph or who knowingly makes a false statement or record to avoid the prohibition on concealed firearms under this paragraph is subject to the penalty under subsection (c-5) of Section 10-1 of the Liquor Control Act of 1934.
(10) Any public gathering or special event conducted
on property open to the public that requires the issuance of a permit from the unit of local government, provided this prohibition shall not apply to a licensee who must walk through a public gathering in order to access his or her residence, place of business, or vehicle.
(11) Any building or real property that has been
issued a Special Event Retailer's license as defined in Section 1-3.17.1 of the Liquor Control Act during the time designated for the sale of alcohol by the Special Event Retailer's license, or a Special use permit license as defined in subsection (q) of Section 5-1 of the Liquor Control Act during the time designated for the sale of alcohol by the Special use permit license.
(12) Any public playground.(13) Any public park, athletic area, or athletic
facility under the control of a municipality or park district, provided nothing in this Section shall prohibit a licensee from carrying a concealed firearm while on a trail or bikeway if only a portion of the trail or bikeway includes a public park.
(14) Any real property under the control of the Cook
County Forest Preserve District.
(15) Any building, classroom, laboratory, medical
clinic, hospital, artistic venue, athletic venue, entertainment venue, officially recognized university-related organization property, whether owned or leased, and any real property, including parking areas, sidewalks, and common areas under the control of a public or private community college, college, or university.
(16) Any building, real property, or parking area
under the control of a gaming facility licensed under the Illinois Gambling Act or the Illinois Horse Racing Act of 1975, including an inter-track wagering location licensee.
(17) Any stadium, arena, or the real property or
parking area under the control of a stadium, arena, or any collegiate or professional sporting event.
(18) Any building, real property, or parking area
under the control of a public library.
(19) Any building, real property, or parking area
under the control of an airport.
(20) Any building, real property, or parking area
under the control of an amusement park.
(21) Any building, real property, or parking area
under the control of a zoo or museum.
(22) Any street, driveway, parking area, property,
building, or facility, owned, leased, controlled, or used by a nuclear energy, storage, weapons, or development site or facility regulated by the federal Nuclear Regulatory Commission. The licensee shall not under any circumstance store a firearm or ammunition in his or her vehicle or in a compartment or container within a vehicle located anywhere in or on the street, driveway, parking area, property, building, or facility described in this paragraph.
(23) Any area where firearms are prohibited under
federal law.
(a-5) Nothing in this Act shall prohibit a public or private community college, college, or university from:(1) prohibiting persons from carrying a firearm
within a vehicle owned, leased, or controlled by the college or university;
(2) developing resolutions, regulations, or policies
regarding student, employee, or visitor misconduct and discipline, including suspension and expulsion;
(3) developing resolutions, regulations, or policies
regarding the storage or maintenance of firearms, which must include designated areas where persons can park vehicles that carry firearms; and
(4) permitting the carrying or use of firearms for
the purpose of instruction and curriculum of officially recognized programs, including but not limited to military science and law enforcement training programs, or in any designated area used for hunting purposes or target shooting.
(a-10) The owner of private real property of any type may prohibit the carrying of concealed firearms on the property under his or her control. The owner must post a sign in accordance with subsection (d) of this Section indicating that firearms are prohibited on the property, unless the property is a private residence.(b) Notwithstanding subsections (a), (a-5), and (a-10) of this Section except under paragraph (22) or (23) of subsection (a), any licensee prohibited from carrying a concealed firearm into the parking area of a prohibited location specified in subsection (a), (a-5), or (a-10) of this Section shall be permitted to carry a concealed firearm on or about his or her person within a vehicle into the parking area and may store a firearm or ammunition concealed in a case within a locked vehicle or locked container out of plain view within the vehicle in the parking area. A licensee may carry a concealed firearm in the immediate area surrounding his or her vehicle within a prohibited parking lot area only for the limited purpose of storing or retrieving a firearm within the vehicle's trunk. For purposes of this subsection, "case" includes a glove compartment or console that completely encloses the concealed firearm or ammunition, the trunk of the vehicle, or a firearm carrying box, shipping box, or other container.(c) A licensee shall not be in violation of this Section while he or she is traveling along a public right of way that touches or crosses any of the premises under subsection (a), (a-5), or (a-10) of this Section if the concealed firearm is carried on his or her person in accordance with the provisions of this Act or is being transported in a vehicle by the licensee in accordance with all other applicable provisions of law.(d) Signs stating that the carrying of firearms is prohibited shall be clearly and conspicuously posted at the entrance of a building, premises, or real property specified in this Section as a prohibited area, unless the building or premises is a private residence. Signs shall be of a uniform design as established by the Department and shall be 4 inches by 6 inches in size. The Department shall adopt rules for standardized signs to be used under this subsection. (Source: P.A. 101-31, eff. 6-28-19.)
(430 ILCS 66/70) Sec. 70. Violations. (a) A license issued or renewed under this Act shall be revoked if, at any time, the licensee is found to be ineligible for a license under this Act or the licensee no longer meets the eligibility requirements of the Firearm Owners Identification Card Act.(b) A license shall be suspended if an order of protection, including an emergency order of protection, plenary order of protection, or interim order of protection under Article 112A of the Code of Criminal Procedure of 1963 or under the Illinois Domestic Violence Act of 1986, or if a firearms restraining order, including an emergency firearms restraining order, under the Firearms Restraining Order Act, is issued against a licensee for the duration of the order, or if the Department is made aware of a similar order issued against the licensee in any other jurisdiction. If an order of protection is issued against a licensee, the licensee shall surrender the license, as applicable, to the court at the time the order is entered or to the law enforcement agency or entity serving process at the time the licensee is served the order. The court, law enforcement agency, or entity responsible for serving the order of protection shall notify the Department within 7 days and transmit the license to the Department.(c) A license is invalid upon expiration of the license, unless the licensee has submitted an application to renew the license, and the applicant is otherwise eligible to possess a license under this Act.(d) A licensee shall not carry a concealed firearm while under the influence of alcohol, other drug or drugs, intoxicating compound or combination of compounds, or any combination thereof, under the standards set forth in subsection (a) of Section 11-501 of the Illinois Vehicle Code.A licensee in violation of this subsection (d) shall be guilty of a Class A misdemeanor for a first or second violation and a Class 4 felony for a third violation. The Department may suspend a license for up to 6 months for a second violation and shall permanently revoke a license for a third violation.(e) Except as otherwise provided, a licensee in violation of this Act shall be guilty of a Class B misdemeanor. A second or subsequent violation is a Class A misdemeanor. The Department may suspend a license for up to 6 months for a second violation and shall permanently revoke a license for 3 or more violations of Section 65 of this Act. Any person convicted of a violation under this Section shall pay a $150 fee to be deposited into the Mental Health Reporting Fund, plus any applicable court costs or fees.(f) A licensee convicted or found guilty of a violation of this Act who has a valid license and is otherwise eligible to carry a concealed firearm shall only be subject to the penalties under this Section and shall not be subject to the penalties under Section 21-6, paragraph (4), (8), or (10) of subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5) of paragraph (3) of subsection (a) of Section 24-1.6 of the Criminal Code of 2012. Except as otherwise provided in this subsection, nothing in this subsection prohibits the licensee from being subjected to penalties for violations other than those specified in this Act.(g) A licensee whose license is revoked, suspended, or denied shall, within 48 hours of receiving notice of the revocation, suspension, or denial, surrender his or her concealed carry license to the local law enforcement agency where the person resides. The local law enforcement agency shall provide the licensee a receipt and transmit the concealed carry license to the Department of State Police. If the licensee whose concealed carry license has been revoked, suspended, or denied fails to comply with the requirements of this subsection, the law enforcement agency where the person resides may petition the circuit court to issue a warrant to search for and seize the concealed carry license in the possession and under the custody or control of the licensee whose concealed carry license has been revoked, suspended, or denied. The observation of a concealed carry license in the possession of a person whose license has been revoked, suspended, or denied constitutes a sufficient basis for the arrest of that person for violation of this subsection. A violation of this subsection is a Class A misdemeanor.(h) A license issued or renewed under this Act shall be revoked if, at any time, the licensee is found ineligible for a Firearm Owner's Identification Card, or the licensee no longer possesses a valid Firearm Owner's Identification Card. A licensee whose license is revoked under this subsection (h) shall surrender his or her concealed carry license as provided for in subsection (g) of this Section. This subsection shall not apply to a person who has filed an application with the State Police for renewal of a Firearm Owner's Identification Card and who is not otherwise ineligible to obtain a Firearm Owner's Identification Card. (i) A certified firearms instructor who knowingly provides or offers to provide a false certification that an applicant has completed firearms training as required under this Act is guilty of a Class A misdemeanor. A person guilty of a violation of this subsection (i) is not eligible for court supervision. The Department shall permanently revoke the firearms instructor certification of a person convicted under this subsection (i). (Source: P.A. 100-607, eff. 1-1-19.)
(430 ILCS 66/75) Sec. 75. Applicant firearm training. (a) Within 60 days of the effective date of this Act, the Department shall begin approval of firearm training courses and shall make a list of approved courses available on the Department's website.(b) An applicant for a new license shall provide proof of completion of a firearms training course or combination of courses approved by the Department of at least 16 hours, which includes range qualification time under subsection (c) of this Section, that covers the following:(1) firearm safety;(2) the basic principles of marksmanship;(3) care, cleaning, loading, and unloading of a
concealable firearm;
(4) all applicable State and federal laws relating to
the ownership, storage, carry, and transportation of a firearm; and
(5) instruction on the appropriate and lawful
interaction with law enforcement while transporting or carrying a concealed firearm.
(c) An applicant for a new license shall provide proof of certification by a certified instructor that the applicant passed a live fire exercise with a concealable firearm consisting of:(1) a minimum of 30 rounds; and(2) 10 rounds from a distance of 5 yards; 10 rounds
from a distance of 7 yards; and 10 rounds from a distance of 10 yards at a B-27 silhouette target approved by the Department.
(d) An applicant for renewal of a license shall provide proof of completion of a firearms training course or combination of courses approved by the Department of at least 3 hours.(e) A certificate of completion for an applicant's firearm training course shall not be issued to a student who:(1) does not follow the orders of the certified
firearms instructor;
(2) in the judgment of the certified instructor,
handles a firearm in a manner that poses a danger to the student or to others; or
(3) during the range firing portion of testing fails
to hit the target with 70% of the rounds fired.
(f) An instructor shall maintain a record of each student's performance for at least 5 years, and shall make all records available upon demand of authorized personnel of the Department.(g) The Department and certified firearms instructors shall recognize up to 8 hours of training already completed toward the 16 hour training requirement under this Section if the training course is submitted to and approved by the Department. Any remaining hours that the applicant completes must at least cover the classroom subject matter of paragraph (4) of subsection (b) of this Section, and the range qualification in subsection (c) of this Section.(h) A person who has qualified to carry a firearm as an active law enforcement or corrections officer, who has successfully completed firearms training as required by his or her law enforcement agency and is authorized by his or her agency to carry a firearm; a person currently certified as a firearms instructor by this Act or by the Illinois Law Enforcement Training Standards Board; or a person who has completed the required training and has been issued a firearm control card by the Department of Financial and Professional Regulation shall be exempt from the requirements of this Section.(i) The Department and certified firearms instructors shall recognize 8 hours of training as completed toward the 16 hour training requirement under this Section, if the applicant is an active, retired, or honorably discharged member of the United States Armed Forces. Any remaining hours that the applicant completes must at least cover the classroom subject matter of paragraph (4) of subsection (b) of this Section, and the range qualification in subsection (c) of this Section. (j) The Department and certified firearms instructors shall recognize up to 8 hours of training already completed toward the 16 hour training requirement under this Section if the training course is approved by the Department and was completed in connection with the applicant's previous employment as a law enforcement or corrections officer. Any remaining hours that the applicant completes must at least cover the classroom subject matter of paragraph (4) of subsection (b) of this Section, and the range qualification in subsection (c) of this Section. A former law enforcement or corrections officer seeking credit under this subsection (j) shall provide evidence that he or she separated from employment in good standing from each law enforcement agency where he or she was employed. An applicant who was discharged from a law enforcement agency for misconduct or disciplinary reasons is not eligible for credit under this subsection (j). (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.)
(430 ILCS 66/80) Sec. 80. Certified firearms instructors. (a) Within 60 days of the effective date of this Act, the Department shall begin approval of certified firearms instructors and enter certified firearms instructors into an online registry on the Department's website.(b) A person who is not a certified firearms instructor shall not teach applicant training courses or advertise or otherwise represent courses they teach as qualifying their students to meet the requirements to receive a license under this Act. Each violation of this subsection is a business offense with a fine of at least $1,000 per violation.(c) A person seeking to become a certified firearms instructor shall:(1) be at least 21 years of age;(2) be a legal resident of the United States; and(3) meet the requirements of Section 25 of this Act,
except for the Illinois residency requirement in item (xiv) of paragraph (2) of subsection (a) of Section 4 of the Firearm Owners Identification Card Act; and any additional uniformly applied requirements established by the Department.
(d) A person seeking to become a certified firearms instructor, in addition to the requirements of subsection (c) of this Section, shall:(1) possess a high school diploma or high school
equivalency certificate; and
(2) have at least one of the following valid firearms
instructor certifications:
(A) certification from a law enforcement agency;(B) certification from a firearm instructor
course offered by a State or federal governmental agency;
(C) certification from a firearm instructor
qualification course offered by the Illinois Law Enforcement Training Standards Board; or
(D) certification from an entity approved by the
Department that offers firearm instructor education and training in the use and safety of firearms.
(e) A person may have his or her firearms instructor certification denied or revoked if he or she does not meet the requirements to obtain a license under this Act, provides false or misleading information to the Department, or has had a prior instructor certification revoked or denied by the Department. (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 98-718, eff. 1-1-15.)
(430 ILCS 66/85) Sec. 85. Background checks for sales. A license to carry a concealed firearm issued by this State shall not exempt the licensee from the requirements of a background check, including a check of the National Instant Criminal Background Check System, upon purchase or transfer of a firearm. (Source: P.A. 98-63, eff. 7-9-13.)
(430 ILCS 66/87) Sec. 87. Administrative and judicial review. (a) Whenever an application for a concealed carry license is denied, whenever the Department fails to act on an application within 90 days of its receipt, or whenever a license is revoked or suspended as provided in this Act, the aggrieved party may appeal to the Director for a hearing upon the denial, revocation, suspension, or failure to act on the application, unless the denial was made by the Concealed Carry Licensing Review Board, in which case the aggrieved party may petition the circuit court in writing in the county of his or her residence for a hearing upon the denial.(b) All final administrative decisions of the Department or the Concealed Carry Licensing Review Board under this Act shall be subject to judicial review under the provisions of the Administrative Review Law. The term "administrative decision" is defined as in Section 3-101 of the Code of Civil Procedure. (Source: P.A. 98-63, eff. 7-9-13.)
(430 ILCS 66/90) Sec. 90. Preemption. The regulation, licensing, possession, registration, and transportation of handguns and ammunition for handguns by licensees are exclusive powers and functions of the State. Any ordinance or regulation, or portion thereof, enacted on or before the effective date of this Act that purports to impose regulations or restrictions on licensees or handguns and ammunition for handguns in a manner inconsistent with this Act shall be invalid in its application to licensees under this Act on the effective date of this Act. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution. (Source: P.A. 98-63, eff. 7-9-13.)
(430 ILCS 66/92) Sec. 92. (Repealed). (Source: P.A. 98-63, eff. 7-9-13. Repealed internally, eff. 3-2-14.)
(430 ILCS 66/95) Sec. 95. Procurement; rulemaking. (a) The Department of State Police, in consultation with and subject to the approval of the Chief Procurement Officer, may procure a single contract or multiple contracts to implement the provisions of this Act. A contract or contracts under this paragraph are not subject to the provisions of the Illinois Procurement Code, except for Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of that Code, provided that the Chief Procurement Officer may, in writing with justification, waive any certification required under Article 50. This exemption shall be repealed one year from the effective date of this Act.(b) The Department shall adopt rules to implement the provisions of this Act. The Department may adopt rules necessary to implement the provisions of this Act through the use of emergency rulemaking in accordance with Section 5-45 of the Illinois Administrative Procedure Act for a period not to exceed 180 days after the effective date of this Act. (Source: P.A. 98-63, eff. 7-9-13.)
(430 ILCS 66/100) Sec. 100. Short title. Sections 100 through 110 may be cited as the School Administrator Reporting of Mental Health Clear and Present Danger Determinations Law. (Source: P.A. 98-63, eff. 7-9-13.)
(430 ILCS 66/105) Sec. 105. Duty of school administrator. It is the duty of the principal of a public elementary or secondary school, or his or her designee, and the chief administrative officer of a private elementary or secondary school or a public or private community college, college, or university, or his or her designee, to report to the Department of State Police when a student is determined to pose a clear and present danger to himself, herself, or to others, within 24 hours of the determination as provided in Section 6-103.3 of the Mental Health and Developmental Disabilities Code. "Clear and present danger" has the meaning as provided in paragraph (2) of the definition of "clear and present danger" in Section 1.1 of the Firearm Owners Identification Card Act. (Source: P.A. 98-63, eff. 7-9-13.)
(430 ILCS 66/110) Sec. 110. Immunity. A principal or chief administrative officer, or the designee of a principal or chief administrative officer, making the determination and reporting under Section 105 of this Law shall not be held criminally, civilly, or professionally liable, except for willful or wanton misconduct. (Source: P.A. 98-63, eff. 7-9-13.)
(430 ILCS 66/115) Sec. 115. (Amendatory provisions; text omitted). (Source: P.A. 98-63, eff. 7-9-13; text omitted.)
(430 ILCS 66/120) Sec. 120. (Amendatory provisions; text omitted). (Source: P.A. 98-63, eff. 7-9-13; text omitted.)
(430 ILCS 66/122) Sec. 122. (Amendatory provisions; text omitted). (Source: P.A. 98-63, eff. 7-9-13; text omitted.)
(430 ILCS 66/125) Sec. 125. (Amendatory provisions; text omitted). (Source: P.A. 98-63, eff. 7-9-13; text omitted.)
(430 ILCS 66/130) Sec. 130. (Amendatory provisions; text omitted). (Source: P.A. 98-63, eff. 7-9-13; text omitted.)
(430 ILCS 66/135) Sec. 135. The State Finance Act is amended by repealing Section 5.206. (Source: P.A. 98-63, eff. 7-9-13.)
(430 ILCS 66/140) Sec. 140. (Amendatory provisions; text omitted). (Source: P.A. 98-63, eff. 7-9-13; text omitted.)
(430 ILCS 66/142) Sec. 142. (Amendatory provisions; text omitted). (Source: P.A. 98-63, eff. 7-9-13; text omitted.)
(430 ILCS 66/145) Sec. 145. (Amendatory provisions; text omitted). (Source: P.A. 98-63, eff. 7-9-13; text omitted.)
(430 ILCS 66/150) Sec. 150. (Amendatory provisions; text omitted). (Source: P.A. 98-63, eff. 7-9-13; text omitted.)
(430 ILCS 66/155) Sec. 155. (Amendatory provisions; text omitted). (Source: P.A. 98-63, eff. 7-9-13; text omitted.)
(430 ILCS 66/160) Sec. 160. (Amendatory provisions; text omitted). (Source: P.A. 98-63, eff. 7-9-13; text omitted.)
(430 ILCS 66/165) Sec. 165. (Amendatory provisions; text omitted). (Source: P.A. 98-63, eff. 7-9-13; text omitted.)
(430 ILCS 66/170) Sec. 170. (Amendatory provisions; text omitted). (Source: P.A. 98-63, eff. 7-9-13; text omitted.)
(430 ILCS 66/195) Sec. 195. No acceleration or delay. Where this Act makes changes in a statute that is represented in this Act by text that is not yet or no longer in effect (for example, a Section represented by multiple versions), the use of that text does not accelerate or delay the taking effect of (i) the changes made by this Act or (ii) provisions derived from any other Public Act. (Source: P.A. 98-63, eff. 7-9-13.)
(430 ILCS 66/999) Sec. 999. Effective date. This Act takes effect upon becoming law. (Source: P.A. 98-63, eff. 7-9-13.)