Bill Text: IL HB0329 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Firearm Concealed Carry Act. Provides that a licensee under the Act shall not knowingly carry a firearm into any building, real property, or parking area under the control of (1) a licensed establishment as defined and licensed under the Video Gaming Act, or (2) a licensed fraternal establishment or licensed veterans establishment as defined and licensed under the Video Gaming Act, where alcoholic liquor is drawn, poured, mixed, or otherwise served for consumption on the premises. Provides that a licensee under the Act shall not knowingly carry a firearm into any building under the control of a licensed fraternal establishment, licensed veterans establishment, or licensed truck stop establishment, as defined and licensed under the Video Gaming Act, and alcoholic liquor is not drawn, poured, mixed, or otherwise served for consumption on the premises. Provides that any person (rather than the owner) lawfully in possession and control of private real property of any type may prohibit the carrying of concealed firearms on the property (deletes under his or her control). Provides that if the property is a private residence no sign need be posted and it shall be presumed that the carrying of concealed firearms is prohibited in the residence and a violation of the Act. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2017-03-31 - Rule 19(a) / Re-referred to Rules Committee [HB0329 Detail]

Download: Illinois-2017-HB0329-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0329

Introduced , by Rep. Scott Drury

SYNOPSIS AS INTRODUCED:
430 ILCS 66/65

Amends the Firearm Concealed Carry Act. Provides that a licensee under the Act shall not knowingly carry a firearm into any building, real property, or parking area under the control of (1) a licensed establishment as defined and licensed under the Video Gaming Act, or (2) a licensed fraternal establishment or licensed veterans establishment as defined and licensed under the Video Gaming Act, where alcoholic liquor is drawn, poured, mixed, or otherwise served for consumption on the premises. Provides that a licensee under the Act shall not knowingly carry a firearm into any building under the control of a licensed fraternal establishment, licensed veterans establishment, or licensed truck stop establishment, as defined and licensed under the Video Gaming Act, and alcoholic liquor is not drawn, poured, mixed, or otherwise served for consumption on the premises. Provides that any person (rather than the owner) lawfully in possession and control of private real property of any type may prohibit the carrying of concealed firearms on the property (deletes under his or her control). Provides that if the property is a private residence no sign need be posted and it shall be presumed that the carrying of concealed firearms is prohibited in the residence and a violation of the Act. Effective immediately.
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A BILL FOR

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1 AN ACT concerning safety.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Firearm Concealed Carry Act is amended by
5changing Section 65 as follows:
6 (430 ILCS 66/65)
7 Sec. 65. Prohibited areas.
8 (a) A licensee under this Act shall not knowingly carry a
9firearm on or into:
10 (1) Any building, real property, and parking area under
11 the control of a public or private elementary or secondary
12 school.
13 (2) Any building, real property, and parking area under
14 the control of a pre-school or child care facility,
15 including any room or portion of a building under the
16 control of a pre-school or child care facility. Nothing in
17 this paragraph shall prevent the operator of a child care
18 facility in a family home from owning or possessing a
19 firearm in the home or license under this Act, if no child
20 under child care at the home is present in the home or the
21 firearm in the home is stored in a locked container when a
22 child under child care at the home is present in the home.
23 (3) Any building, parking area, or portion of a

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1 building under the control of an officer of the executive
2 or legislative branch of government, provided that nothing
3 in this paragraph shall prohibit a licensee from carrying a
4 concealed firearm onto the real property, bikeway, or trail
5 in a park regulated by the Department of Natural Resources
6 or any other designated public hunting area or building
7 where firearm possession is permitted as established by the
8 Department of Natural Resources under Section 1.8 of the
9 Wildlife Code.
10 (4) Any building designated for matters before a
11 circuit court, appellate court, or the Supreme Court, or
12 any building or portion of a building under the control of
13 the Supreme Court.
14 (5) Any building or portion of a building under the
15 control of a unit of local government.
16 (6) Any building, real property, and parking area under
17 the control of an adult or juvenile detention or
18 correctional institution, prison, or jail.
19 (7) Any building, real property, and parking area under
20 the control of a public or private hospital or hospital
21 affiliate, mental health facility, or nursing home.
22 (8) Any bus, train, or form of transportation paid for
23 in whole or in part with public funds, and any building,
24 real property, and parking area under the control of a
25 public transportation facility paid for in whole or in part
26 with public funds.

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1 (9) Any building, real property, and parking area under
2 the control of an establishment that serves alcohol on its
3 premises, if more than 50% of the establishment's gross
4 receipts within the prior 3 months is from the sale of
5 alcohol. The owner of an establishment who knowingly fails
6 to prohibit concealed firearms on its premises as provided
7 in this paragraph or who knowingly makes a false statement
8 or record to avoid the prohibition on concealed firearms
9 under this paragraph is subject to the penalty under
10 subsection (c-5) of Section 10-1 of the Liquor Control Act
11 of 1934.
12 (10) Any public gathering or special event conducted on
13 property open to the public that requires the issuance of a
14 permit from the unit of local government, provided this
15 prohibition shall not apply to a licensee who must walk
16 through a public gathering in order to access his or her
17 residence, place of business, or vehicle.
18 (11) Any building or real property that has been issued
19 a Special Event Retailer's license as defined in Section
20 1-3.17.1 of the Liquor Control Act during the time
21 designated for the sale of alcohol by the Special Event
22 Retailer's license, or a Special use permit license as
23 defined in subsection (q) of Section 5-1 of the Liquor
24 Control Act during the time designated for the sale of
25 alcohol by the Special use permit license.
26 (12) Any public playground.

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1 (13) Any public park, athletic area, or athletic
2 facility under the control of a municipality or park
3 district, provided nothing in this Section shall prohibit a
4 licensee from carrying a concealed firearm while on a trail
5 or bikeway if only a portion of the trail or bikeway
6 includes a public park.
7 (14) Any real property under the control of the Cook
8 County Forest Preserve District.
9 (15) Any building, classroom, laboratory, medical
10 clinic, hospital, artistic venue, athletic venue,
11 entertainment venue, officially recognized
12 university-related organization property, whether owned or
13 leased, and any real property, including parking areas,
14 sidewalks, and common areas under the control of a public
15 or private community college, college, or university.
16 (16) Any building, real property, or parking area under
17 the control of (A) a gaming facility licensed under the
18 Riverboat Gambling Act or the Illinois Horse Racing Act of
19 1975, including an inter-track wagering location licensee,
20 or (B) a licensed establishment as defined and licensed
21 under the Video Gaming Act, or (C) a licensed fraternal
22 establishment or licensed veterans establishment as
23 defined and licensed under the Video Gaming Act, where
24 alcoholic liquor is drawn, poured, mixed, or otherwise
25 served for consumption on the premises.
26 (16.1) Any building under the control of a licensed

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1 fraternal establishment, licensed veterans establishment,
2 or licensed truck stop establishment, as defined and
3 licensed under the Video Gaming Act, and alcoholic liquor
4 is not drawn, poured, mixed, or otherwise served for
5 consumption on the premises.
6 (17) Any stadium, arena, or the real property or
7 parking area under the control of a stadium, arena, or any
8 collegiate or professional sporting event.
9 (18) Any building, real property, or parking area under
10 the control of a public library.
11 (19) Any building, real property, or parking area under
12 the control of an airport.
13 (20) Any building, real property, or parking area under
14 the control of an amusement park.
15 (21) Any building, real property, or parking area under
16 the control of a zoo or museum.
17 (22) Any street, driveway, parking area, property,
18 building, or facility, owned, leased, controlled, or used
19 by a nuclear energy, storage, weapons, or development site
20 or facility regulated by the federal Nuclear Regulatory
21 Commission. The licensee shall not under any circumstance
22 store a firearm or ammunition in his or her vehicle or in a
23 compartment or container within a vehicle located anywhere
24 in or on the street, driveway, parking area, property,
25 building, or facility described in this paragraph.
26 (23) Any area where firearms are prohibited under

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1 federal law.
2 (a-5) Nothing in this Act shall prohibit a public or
3private community college, college, or university from:
4 (1) prohibiting persons from carrying a firearm within
5 a vehicle owned, leased, or controlled by the college or
6 university;
7 (2) developing resolutions, regulations, or policies
8 regarding student, employee, or visitor misconduct and
9 discipline, including suspension and expulsion;
10 (3) developing resolutions, regulations, or policies
11 regarding the storage or maintenance of firearms, which
12 must include designated areas where persons can park
13 vehicles that carry firearms; and
14 (4) permitting the carrying or use of firearms for the
15 purpose of instruction and curriculum of officially
16 recognized programs, including but not limited to military
17 science and law enforcement training programs, or in any
18 designated area used for hunting purposes or target
19 shooting.
20 (a-10) Any person lawfully in possession and control The
21owner of private real property of any type may prohibit the
22carrying of concealed firearms on the property under his or her
23control. The person owner must post a sign in accordance with
24subsection (d) of this Section indicating that firearms are
25prohibited on the property, unless the property is a private
26residence in which case no sign need be posted and it shall be

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1presumed that the carrying of concealed firearms is prohibited
2in the residence and a violation of this Act.
3 (b) Notwithstanding subsections (a), (a-5), and (a-10) of
4this Section except under paragraph (22) or (23) of subsection
5(a), any licensee prohibited from carrying a concealed firearm
6into the parking area of a prohibited location specified in
7subsection (a), (a-5), or (a-10) of this Section shall be
8permitted to carry a concealed firearm on or about his or her
9person within a vehicle into the parking area and may store a
10firearm or ammunition concealed in a case within a locked
11vehicle or locked container out of plain view within the
12vehicle in the parking area. A licensee may carry a concealed
13firearm in the immediate area surrounding his or her vehicle
14within a prohibited parking lot area only for the limited
15purpose of storing or retrieving a firearm within the vehicle's
16trunk. For purposes of this subsection, "case" includes a glove
17compartment or console that completely encloses the concealed
18firearm or ammunition, the trunk of the vehicle, or a firearm
19carrying box, shipping box, or other container.
20 (c) A licensee shall not be in violation of this Section
21while he or she is traveling along a public right of way that
22touches or crosses any of the premises under subsection (a),
23(a-5), or (a-10) of this Section if the concealed firearm is
24carried on his or her person in accordance with the provisions
25of this Act or is being transported in a vehicle by the
26licensee in accordance with all other applicable provisions of

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1law.
2 (d) Signs stating that the carrying of firearms is
3prohibited shall be clearly and conspicuously posted at the
4entrance of a building, premises, or real property specified in
5this Section as a prohibited area, unless the building or
6premises is a private residence. Signs shall be of a uniform
7design as established by the Department and shall be 4 inches
8by 6 inches in size. The Department shall adopt rules for
9standardized signs to be used under this subsection.
10(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)
11 Section 99. Effective date. This Act takes effect upon
12becoming law.
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