103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2627

Introduced , by Rep. Nabeela Syed

SYNOPSIS AS INTRODUCED:

`55 ILCS 5/5-12022 new`
`65 ILCS 5/11-13-28 new`
`65 ILCS 5/11-42-9`	`from Ch. 24, par. 11-42-9`
`430 ILCS 68/5-20`
`740 ILCS 130/5 rep.`

Amends the Illinois Municipal Code. Provides that the corporate authorities of each municipality may prohibit any offensive or unwholesome business or establishment or any firearm dealer or any firearm range (rather than any offensive or unwholesome business or establishment) only within the municipality and within the distance of one mile beyond the municipal limits. Amends the Firearm Dealer License Certification Act. Provides that a retail location established after the effective date of the amendatory Act shall not be located within 1,500 feet (rather than 500 feet) of any school, preschool, day care, cemetery, library, public park, forest preserve, public housing, or place of religious worship (rather than any school, preschool, or day care). Amends the Counties Code and further amends the Illinois Municipal Code adding similar restrictions for the location of firearm ranges in counties and municipalities. Limits the concurrent exercise of home rule powers.

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A BILL FOR

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1 AN ACT concerning firearms.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 10. The Counties Code is amended by adding Section

5 5-12022 as follows:

6 (55 ILCS 5/5-12022 new)

7 Sec. 5-12022. Firearm ranges.

8 (a) As used in this Section:

9 "Firearm range" means a rifle, pistol, silhouette, skeet,

10 trap, black powder, or other similar range used for

11 discharging firearms in a sporting event, for practice or

12 instruction in the use of a firearm, or for the testing of a

13 firearm.

14 "Prohibited location" means a school building, preschool

15 building, day care facility building, library building, public

16 housing building, cemetery property, public park property,

17 forest preserve property, or place of religious worship.

18 (b) Beginning on the effective date of this amendatory Act

19 of the 103rd General Assembly, a firearm range may not be

20 constructed or used within 1,500 feet from the nearest point

21 of a prohibited location measured to the nearest point on the

22 property line of the property where the firearm range is

23 located.

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1 (c) This Section does not apply to a firearm range:

2 (1) in existence on or before the effective date of

3 this amendatory Act of the 103rd General Assembly, unless

4 the firearm range moves to a different property after the

5 effective date of this amendatory Act of the 103rd General

6 Assembly; or

7 (2) whose application for a business license or for

8 zoning approval is pending on the effective date of this

9 amendatory Act of the 103rd General Assembly.

10 This Section does not apply if a prohibited location is

11 established within 1,500 feet from the nearest point on the

12 property line of the property where the firearm range is to be

13 located (i) after the date when the firearm range's

14 application for a business license at that location or

15 application for zoning approval at that location has been

16 submitted, (ii) after the beginning of construction of the

17 firearm range at that location, or (iii) after the owner of the

18 firearm range enters into a contract for the construction of a

19 firearm range at that location.

20 (d) A home rule county may not regulate firearm ranges in a

21 manner inconsistent with this Section. This Section is a

22 limitation under subsection (i) of Section 6 of Article VII of

23 the Illinois Constitution on the concurrent exercise by home

24 rule units of powers and functions exercised by the State.

25 Section 15. The Illinois Municipal Code is amended by

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1 changing Section 11-42-9 and by adding Section 11-13-28 as

2 follows:

3 (65 ILCS 5/11-13-28 new)

4 Sec. 11-13-28. Firearm ranges.

5 (a) As used in this Section:

6 "Firearm range" means a rifle, pistol, silhouette, skeet,

7 trap, black powder, or other similar range used for

8 discharging firearms in a sporting event, for practice or

9 instruction in the use of a firearm, or for the testing of a

10 firearm.

11 "Prohibited location" means a school building, preschool

12 building, day care facility building, library building, public

13 housing building, cemetery property, public park property,

14 forest preserve property, or place of religious worship.

15 (b) Beginning on the effective date of this amendatory Act

16 of the 103rd General Assembly, a firearm range may not be

17 constructed or used within 1,500 feet from the nearest point

18 of a prohibited location measured to the nearest point on the

19 property line of the property where the firearm range is

20 located.

21 (c) This Section does not apply to a firearm range:

22 (1) in existence on or before the effective date of

23 this amendatory Act of the 103rd General Assembly, unless

24 the firearm range moves to a different property after the

25 effective date of this amendatory Act of the 103rd General

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1 Assembly; or

2 (2) whose application for a business license or for

3 zoning approval is pending on the effective date of this

4 amendatory Act of the 103rd General Assembly.

5 This Section does not apply if a prohibited location is

6 established within 1,500 feet from the nearest point on the

7 property line of the property where the firearm range is to be

8 located (i) after the date when the firearm range's

9 application for a business license at that location or

10 application for zoning approval at that location has been

11 submitted, (ii) after the beginning of construction of the

12 firearm range at that location, or (iii) after the owner of the

13 firearm range enters into a contract for the construction of a

14 firearm range at that location.

15 (d) A home rule county may not regulate firearm ranges in a

16 manner inconsistent with this Section. This Section is a

17 limitation under subsection (i) of Section 6 of Article VII of

18 the Illinois Constitution on the concurrent exercise by home

19 rule units of powers and functions exercised by the State.

20 (65 ILCS 5/11-42-9) (from Ch. 24, par. 11-42-9)

21 Sec. 11-42-9. Prohibitions. The corporate authorities of

22 each municipality may prohibit any offensive or unwholesome

23 business or establishment or any firearm dealer or any firearm

24 rangewithin the municipality and within the distance of one

25 mile beyond the municipal limits.

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1 (Source: Laws 1961, p. 576.)

2 Section 20. The Firearm Dealer License Certification Act

3 is amended by changing Section 5-20 as follows:

4 (430 ILCS 68/5-20)

5 Sec. 5-20. Additional licensee requirements.

6 (a) A certified licensee shall make a photo copy of a

7 buyer's or transferee's valid photo identification card

8 whenever a firearm sale transaction takes place. The photo

9 copy shall be attached to the documentation detailing the

10 record of sale.

11 (b) A certified licensee shall post in a conspicuous

12 position on the premises where the licensee conducts business

13 a sign that contains the following warning in block letters

14 not less than one inch in height:

15 "With few exceptions enumerated in the Firearm Owners

16 Identification Card Act, it is unlawful for you to:

17 (A) store or leave an unsecured firearm in a place

18 where a child can obtain access to it;

19 (B) sell or transfer your firearm to someone else

20 without receiving approval for the transfer from the

21 Illinois State Police, or

22 (C) fail to report the loss or theft of your

23 firearm to local law enforcement within 72 hours.".

24 This sign shall be created by the Illinois State Police and

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1 made available for printing or downloading from the Illinois

2 State Police's website.

3 (c) No retail location established after the effective

4 date of this amendatory Act of the 103rd General Assembly ~~the~~

5 ~~effective date of this Act~~ shall be located within 1,500 ~~500~~

6 feet of any school, pre-school, ~~or~~ day care facility,

7 cemetery, library, public park, forest preserve, public

8 housing, or place of religious worship in existence at its

9 location before the retail location is established as measured

10 from the nearest corner of the building holding the retail

11 location to the corner of the school, pre-school, ~~or~~ day care

12 facility, cemetery, library, public park, forest preserve,

13 public housing, or place of religious worship ~~building~~ nearest

14 the retail location at the time the retail location seeks

15 licensure.

16 (Source: P.A. 102-538, eff. 8-20-21.)

17 (740 ILCS 130/5 rep.)

18 Section 25. The Premises Liability Act is amended by

19 repealing Section 5.