Bill Text: IL SB3028 | 2015-2016 | 99th General Assembly | Introduced
Bill Title: Amends the Firearm Concealed Carry Act. Provides that the trier of fact may infer that a licensee knowingly carried a firearm on or into a building, premises, or real property specified in the Act as a prohibited area, if the licensee has completed the firearm training as prescribed in the Act.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2016-05-31 - Rule 3-9(a) / Re-referred to Assignments [SB3028 Detail]
Download: Illinois-2015-SB3028-Introduced.html
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| 1 | AN ACT concerning safety.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Firearm Concealed Carry Act is amended by | |||||||||||||||||||
| 5 | changing Section 65 as follows:
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| 6 | (430 ILCS 66/65)
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| 7 | Sec. 65. Prohibited areas. | |||||||||||||||||||
| 8 | (a) A licensee under this Act shall not knowingly carry a | |||||||||||||||||||
| 9 | firearm 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 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. | ||||||
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| 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 | ||||||
| 17 | private 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 | ||||||
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| 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 | ||||||
| 9 | prohibit the carrying of concealed firearms on the property | ||||||
| 10 | under his or her control. The owner must post a sign in | ||||||
| 11 | accordance with subsection (d) of this Section indicating that | ||||||
| 12 | firearms are prohibited on the property, unless the property is | ||||||
| 13 | a private residence. | ||||||
| 14 | (b) Notwithstanding subsections (a), (a-5), and (a-10) of | ||||||
| 15 | this Section except under paragraph (22) or (23) of subsection | ||||||
| 16 | (a), any licensee prohibited from carrying a concealed firearm | ||||||
| 17 | into the parking area of a prohibited location specified in | ||||||
| 18 | subsection (a), (a-5), or (a-10) of this Section shall be | ||||||
| 19 | permitted to carry a concealed firearm on or about his or her | ||||||
| 20 | person within a vehicle into the parking area and may store a | ||||||
| 21 | firearm or ammunition concealed in a case within a locked | ||||||
| 22 | vehicle or locked container out of plain view within the | ||||||
| 23 | vehicle in the parking area. A licensee may carry a concealed | ||||||
| 24 | firearm in the immediate area surrounding his or her vehicle | ||||||
| 25 | within a prohibited parking lot area only for the limited | ||||||
| 26 | purpose of storing or retrieving a firearm within the vehicle's | ||||||
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| 1 | trunk. For purposes of this subsection, "case" includes a glove | ||||||
| 2 | compartment or console that completely encloses the concealed | ||||||
| 3 | firearm or ammunition, the trunk of the vehicle, or a firearm | ||||||
| 4 | carrying box, shipping box, or other container. | ||||||
| 5 | (c) A licensee shall not be in violation of this Section | ||||||
| 6 | while he or she is traveling along a public right of way that | ||||||
| 7 | touches or crosses any of the premises under subsection (a), | ||||||
| 8 | (a-5), or (a-10) of this Section if the concealed firearm is | ||||||
| 9 | carried on his or her person in accordance with the provisions | ||||||
| 10 | of this Act or is being transported in a vehicle by the | ||||||
| 11 | licensee in accordance with all other applicable provisions of | ||||||
| 12 | law. | ||||||
| 13 | (d) Signs stating that the carrying of firearms is | ||||||
| 14 | prohibited shall be clearly and conspicuously posted at the | ||||||
| 15 | entrance of a building, premises, or real property specified in | ||||||
| 16 | this Section as a prohibited area, unless the building or | ||||||
| 17 | premises is a private residence. Signs shall be of a uniform | ||||||
| 18 | design as established by the Department and shall be 4 inches | ||||||
| 19 | by 6 inches in size. The Department shall adopt rules for | ||||||
| 20 | standardized signs to be used under this subsection.
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| 21 | (e) The trier of fact may infer that a licensee knowingly | ||||||
| 22 | carried a firearm on or into a building, premises, or real | ||||||
| 23 | property specified in subsection (a) of this Section as a | ||||||
| 24 | prohibited area, if the licensee has completed the firearm | ||||||
| 25 | training as prescribed in Section 75 of this Act. | ||||||
| 26 | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)
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