Bill Text: IL HB4403 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Firearm Concealed Carry Act. Permits certain judicial officers, some with written consent required, to carry a concealed firearm to any building, parking area, or portion of a building under the control of an officer of the executive or legislative branch of government, 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 and any building or portion of a building under the control of a unit of local government.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-04-12 - Tabled [HB4403 Detail]

Download: Illinois-2017-HB4403-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4403

Introduced , by Rep. Margo McDermed

SYNOPSIS AS INTRODUCED:
430 ILCS 66/65

Amends the Firearm Concealed Carry Act. Permits certain judicial officers, some with written consent required, to carry a concealed firearm to any building, parking area, or portion of a building under the control of an officer of the executive or legislative branch of government, 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 and any building or portion of a building under the control of a unit of local government.
LRB100 18280 SLF 33484 b

A BILL FOR

HB4403LRB100 18280 SLF 33484 b
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

HB4403- 2 -LRB100 18280 SLF 33484 b
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.

HB4403- 3 -LRB100 18280 SLF 33484 b
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.

HB4403- 4 -LRB100 18280 SLF 33484 b
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 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 (17) Any stadium, arena, or the real property or
21 parking area under the control of a stadium, arena, or any
22 collegiate or professional sporting event.
23 (18) Any building, real property, or parking area under
24 the control of a public library.
25 (19) Any building, real property, or parking area under
26 the control of an airport.

HB4403- 5 -LRB100 18280 SLF 33484 b
1 (20) Any building, real property, or parking area under
2 the control of an amusement park.
3 (21) Any building, real property, or parking area under
4 the control of a zoo or museum.
5 (22) Any street, driveway, parking area, property,
6 building, or facility, owned, leased, controlled, or used
7 by a nuclear energy, storage, weapons, or development site
8 or facility regulated by the federal Nuclear Regulatory
9 Commission. The licensee shall not under any circumstance
10 store a firearm or ammunition in his or her vehicle or in a
11 compartment or container within a vehicle located anywhere
12 in or on the street, driveway, parking area, property,
13 building, or facility described in this paragraph.
14 (23) Any area where firearms are prohibited under
15 federal law.
16 (a-5) Nothing in this Act shall prohibit a public or
17private community college, college, or university from:
18 (1) prohibiting persons from carrying a firearm within
19 a vehicle owned, leased, or controlled by the college or
20 university;
21 (2) developing resolutions, regulations, or policies
22 regarding student, employee, or visitor misconduct and
23 discipline, including suspension and expulsion;
24 (3) developing resolutions, regulations, or policies
25 regarding the storage or maintenance of firearms, which
26 must include designated areas where persons can park

HB4403- 6 -LRB100 18280 SLF 33484 b
1 vehicles that carry firearms; and
2 (4) permitting the carrying or use of firearms for the
3 purpose of instruction and curriculum of officially
4 recognized programs, including but not limited to military
5 science and law enforcement training programs, or in any
6 designated area used for hunting purposes or target
7 shooting.
8 (a-10) The owner of private real property of any type may
9prohibit the carrying of concealed firearms on the property
10under his or her control. The owner must post a sign in
11accordance with subsection (d) of this Section indicating that
12firearms are prohibited on the property, unless the property is
13a private residence.
14 (b) Notwithstanding subsections (a), (a-5), and (a-10) of
15this Section except under paragraph (22) or (23) of subsection
16(a), any licensee prohibited from carrying a concealed firearm
17into the parking area of a prohibited location specified in
18subsection (a), (a-5), or (a-10) of this Section shall be
19permitted to carry a concealed firearm on or about his or her
20person within a vehicle into the parking area and may store a
21firearm or ammunition concealed in a case within a locked
22vehicle or locked container out of plain view within the
23vehicle in the parking area. A licensee may carry a concealed
24firearm in the immediate area surrounding his or her vehicle
25within a prohibited parking lot area only for the limited
26purpose of storing or retrieving a firearm within the vehicle's

HB4403- 7 -LRB100 18280 SLF 33484 b
1trunk. For purposes of this subsection, "case" includes a glove
2compartment or console that completely encloses the concealed
3firearm or ammunition, the trunk of the vehicle, or a firearm
4carrying box, shipping box, or other container.
5 (c) A licensee shall not be in violation of this Section
6while he or she is traveling along a public right of way that
7touches or crosses any of the premises under subsection (a),
8(a-5), or (a-10) of this Section if the concealed firearm is
9carried on his or her person in accordance with the provisions
10of this Act or is being transported in a vehicle by the
11licensee in accordance with all other applicable provisions of
12law.
13 (c-5) A licensee shall not be in violation of this Act if
14the licensee is a chief judge, or a Circuit Court judge or an
15Associate Judge with the written consent of the chief judge of
16his or her judicial circuit, or is a State's Attorney or
17Attorney General, or an assistant State's Attorney or assistant
18Attorney General with the written consent of the State's
19attorney or Attorney General, for carrying a concealed firearm
20in the prohibited areas in paragraph (3), (4), or (5) of
21subsection (a) of this Section, notwithstanding Section 21-6 of
22the Criminal Code of 2012.
23 (d) Signs stating that the carrying of firearms is
24prohibited shall be clearly and conspicuously posted at the
25entrance of a building, premises, or real property specified in
26this Section as a prohibited area, unless the building or

HB4403- 8 -LRB100 18280 SLF 33484 b
1premises is a private residence. Signs shall be of a uniform
2design as established by the Department and shall be 4 inches
3by 6 inches in size. The Department shall adopt rules for
4standardized signs to be used under this subsection.
5(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)
feedback