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| 1 |  AN ACT concerning safety.
 | ||||||||||||||||||||||||||||||||||||||||||
| 2 |  Be it enacted by the People of the State of Illinois,
 | ||||||||||||||||||||||||||||||||||||||||||
| 3 | represented in the General Assembly:
 | ||||||||||||||||||||||||||||||||||||||||||
| 4 |  Section 5. The Firearm Owners Identification Card Act is  | ||||||||||||||||||||||||||||||||||||||||||
| 5 | amended by changing Sections 5, 7, 13.2, and 14 as follows:
 | ||||||||||||||||||||||||||||||||||||||||||
| 6 |  (430 ILCS 65/5) (from Ch. 38, par. 83-5)
 | ||||||||||||||||||||||||||||||||||||||||||
| 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  | ||||||||||||||||||||||||||||||||||||||||||
| 
 
 | |||||||
| 
 | |||||||
| 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  | ||||||
| 
 
 | |||||||
| 
 | |||||||
| 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  | ||||||
| 
 
 | |||||||
| 
 | |||||||
| 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.
 | ||||||
| 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: | ||||||
| 
 
 | |||||||
| 
 | |||||||
| 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  | ||||||
| 
 
 | |||||||
| 
 | |||||||
| 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
 | ||||||
| 19 | Owner's Identification Card and who is not otherwise  | ||||||
| 20 | ineligible to obtain a Firearm Owner's Identification Card.
 | ||||||
| 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  | ||||||
| 
 
 | |||||||
| 
 | |||||||
| 1 | instructor certification of a person convicted under this  | ||||||
| 2 | subsection (i).  | ||||||
| 3 | (Source: P.A. 100-607, eff. 1-1-19.) | ||||||
| 4 |  (430 ILCS 66/75)
 | ||||||
| 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  | ||||||
| 
 
 | |||||||
| 
 | |||||||
| 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;
 | ||||||
| 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  | ||||||
| 
 
 | |||||||
| 
 | |||||||
| 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. 
 | ||||||
| 
 
 | |||||||
| 
 | |||||||
| 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
 | ||||||
| 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.)
 | ||||||