More Concealed Carry Laws

  HB5522  SYNOPSIS AS INTRODUCED:
720 ILCS 5/24-1.9 new720 ILCS 5/24-1.10 new

Amends the Criminal Code of 2012. Makes it unlawful to deliver, sell, or purchase or cause to be delivered, sold, or purchased or cause to be possessed by another, an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge. Makes it unlawful for any person to knowingly possess an assault weapon, .50 caliber rifle, or .50 caliber cartridge 300 days after the effective date of the amendatory Act, except possession of weapons registered with the Illinois State Police in the time provided. Provides exemptions and penalties. Prohibits delivery, sale, purchase or possession of large capacity ammunition feeding devices. Provides exemptions and penalties.  (720 ILCS 5/24-1.9 new)7 Sec. 24-1.9. Possession, delivery, sale, and purchase of8assault weapons, .50 caliber rifles, and .50 caliber9cartridges.10 (a) Definitions. In this Section:11  (1) "Assault weapon" means:12   (A) any rifle that has a belt fed ammunition13 system or which has a detachable magazine capable of14 holding more than 10 rounds of ammunition;15   (B) a semi-automatic rifle that has the ability to16 accept a detachable magazine and has any of the17 following:18    (i) a folding or telescoping stock; or19    (ii) a shroud that is attached to, or20 partially or completely encircles the barrel that21 permits the shooter to hold the firearm with the22 non-trigger hand without being burned;23   (C) a semi-automatic pistol that has the ability

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1 to accept a detachable magazine and has any of the2 following:3    (i) a folding or telescoping stock;4    (ii) a shroud that is attached to, or5 partially or completely encircles the barrel, that6 permits the shooter to hold the firearm with the7 non-trigger hand without being burned; or8    (iii) a manufactured weight of 50 ounces or9 more when the pistol is unloaded.10   (D) a semi-automatic rifle with a fixed magazine11 that has the capacity to accept more than 10 rounds of12 ammunition;13   (E) a semi-automatic shotgun that has:14    (i) a folding or telescoping stock; and15    (ii) contains its ammunition in a revolving16 cylinder; or17    (iii) a fixed magazine capacity in excess of 518 rounds of ammunition, except as may be authorized19 under the Wildlife Code and excluding magazine20 extensions during the snow geese conservation21 order season; or22    (iv) an ability to accept a detachable23 magazine of more than 5 rounds of ammunition.24   "Assault weapon" does not include:25   (A) any firearm that:26    (i) is manually operated by bolt, pump, lever,

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1 or slide action;2    (ii) is an unserviceable firearm or has been3 made permanently inoperable;4    (iii) is an antique firearm;5    (iv) uses rimfire ammunition or cartridges; or6    (iv) has been excluded as an assault weapon in7 a Department of Natural Resources rule. The8 Department of Natural Resources shall have the9 authority to adopt rules to further define10 exclusions of assault weapon types under this11 Section, provided the make, model, and caliber of12 the firearm excluded has a viable application to13 hunting game and conforms to accepted hunting14 principles of fair chase;15   (B) any air rifle as defined in Section 24.8-0.116 of this Code.17 In this Section, a firearm is considered to have the18ability to accept a detachable magazine unless the magazine or19ammunition feeding device can only be removed through20disassembly of the firearm action.21  (2) "Assault weapon attachment" means any device22 capable of being attached to a firearm that is23 specifically designed for making or converting a firearm24 into any of the firearms listed in paragraph (1) of this25 subsection (a).26  (3) "Antique firearm" has the meaning ascribed to it

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1 in 18 U.S.C. 921 (a)(16).2  (4) ".50 caliber rifle" means a centerfire rifle3 capable of firing a .50 caliber cartridge. The term does4 not include any antique firearm, any shotgun including a5 shotgun that has a rifle barrel, or any muzzle-loader6 which uses black powder for hunting or historical7 re-enactments.8  (5) ".50 caliber cartridge" means a cartridge in .509 BMG caliber, either by designation or actual measurement,10 that is capable of being fired from a centerfire rifle.11 The term ".50 caliber cartridge" does not include any12 memorabilia or display item that is filled with a13 permanent inert substance or that is otherwise permanently14 altered in a manner that prevents ready modification for15 use as live ammunition or shotgun ammunition with a16 caliber measurement that is equal to or greater than .5017 caliber.18  (6) "Locking mechanism" means secured by a device or19 mechanism, other than the firearm safety, designed to20 render a firearm temporarily inoperable; or a box or21 container capable of containing the firearm and that can22 be securely locked.23 (b) The Illinois State Police shall take all steps24necessary to carry out the requirements of this Section within25180 days after the effective date of this amendatory Act of the26102nd General Assembly.

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1 (c) Except as provided in subsections (d), (e), (f), and2(h), on or after the effective date of this amendatory Act of3the 102nd General Assembly, it is unlawful for any person4within this State to knowingly deliver, sell, or purchase or5cause to be delivered, sold, or purchased or cause to be6possessed by another, an assault weapon, assault weapon7attachment, .50 caliber rifle, or .50 caliber cartridge.8 (d) Except as otherwise provided in subsections (e), (f),9and (h), 300 days after the effective date of this amendatory10Act of the 102nd General Assembly, it is unlawful for any11person within this State to knowingly possess an assault12weapon, .50 caliber rifle, or .50 caliber cartridge.13 (e) This Section does not apply to a person who possessed14an assault weapon or .50 caliber rifle prohibited by15subsection (d) of this Section before the effective date of16this amendatory Act of the 102nd General Assembly, provided17the person has provided in a registration affidavit, under18oath or affirmation and in the form and manner prescribed by19the Illinois State Police on or after 180 days after the20effective date of this amendatory Act of the 102nd General21Assembly but within 300 days after the effective date of this22amendatory Act of the 102nd General Assembly:23  (1) his or her name;24  (2) date of birth;25  (3) Firearm Owner's Identification Card number;26  (4) the make, model, caliber, and serial number of the

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1 weapon; and2  (5) proof of a locking mechanism that properly fits3 the weapon. The affidavit shall include a statement that4 the weapon is owned by the person submitting the affidavit5 and that he or she owns a locking mechanism for the weapon.6 The affidavit form shall include the following statement7printed in bold type: "Warning: Entering false information on8this form is punishable as perjury under Section 32-2 of the9Criminal Code of 2012."10 Beginning 300 days after the effective date of this11amendatory Act of the 102nd General Assembly, the person may12transfer the assault weapon or .50 caliber rifle only to an13heir, an individual residing in another state maintaining it14in another state, or a dealer licensed as a federal firearms15dealer under Section 923 of the federal Gun Control Act of161968. Within 10 days after transfer of the weapon except to an17heir, the person shall notify the Illinois State Police of the18name and address of the transferee and comply with the19requirements of subsection (b) of Section 3 of the Firearm20Owners Identification Card Act. The person to whom the weapon21is transferred shall, within 60 days of the transfer, complete22an affidavit and pay the required registration fee under this23Section. A person to whom the weapon is transferred may24transfer it only as provided in this subsection.   (1) A person who knowingly delivers, sells, purchases,2 or possesses or causes to be delivered, sold, purchased,3 or possessed an assault weapon in violation of this4 Section commits a Class 3 felony for a first violation and5 a Class 2 felony for a second or subsequent violation or6 for the possession or delivery of 2 or more of these7 weapons at the same time.8  (2) A person who knowingly delivers, sells, purchases,9 or possesses or causes to be delivered, sold, purchased,10 or possessed in violation of this Section an assault11 weapon attachment commits a Class 4 felony for a first12 violation and a Class 3 felony for a second or subsequent13 violation.14  (3) A person who knowingly delivers, sells, purchases,15 or possesses or causes to be delivered, sold, purchased,16 or possessed in violation of this Section a .50 caliber17 rifle commits a Class 3 felony for a first violation and a18 Class 2 felony for a second or subsequent violation or for19 the possession or delivery of 2 or more of these weapons at20 the same time.21  (4) A person who knowingly delivers, sells, purchases,22 or possesses or causes to be delivered, sold, purchased,23 or possessed in violation of this Section a .50 caliber24 cartridge commits a Class A misdemeanor.25  (5) Any other violation of this Section is a Class A26 misdemeanor. 

Though Illinois does not have a stand your ground statute, the state Supreme Court has held that there is no duty to retreat before using force in public. Illinois law authorizes the use of deadly force to prevent the commission of a forcible felony, which is defined to include burglary of unoccupied vehicles. 

• Schools, including elementary, secondary, and pre-schools and child care facilities (Operators of a child care facility may possess a firearm, but must keep it in a locked container any time a child is present in the home) 

• State property, including the executive, legislative and judicial branches (except designated hunting areas or buildings where firearms are permitted by the Dept. of Natural Resources) 

• Local Government buildings 

• Adult or juvenile detention centers, priors, jails or other correctional institutions 

• Hospitals, mental health facilities and nursing homes 

• Buses, trains and other forms of public transportation, as well as buildings, property or parking lots under the control of a public transportation facility 

• Bars (defined as any establishment that serves alcohol, if more than 50% of its gross receipts are from the sale of alcohol) *

• Public gatherings and special events on property open to the public that requires a permit issued by a unit of local government (street fairs, “taste of” events, festivals, etc.) 

• Any building or property issued a Special Event Retailers License for the sale of alcohol 

• Any public playground 

• Parks, athletic fields under the control of a city or park district (does not include a trail or bike path, if only a portion of the trail or bike path includes a public park) 

• Property under control of the Cook County Forest Preserve District 

• Public and private universities and colleges and community colleges, including classrooms, athletic venues, hospitals, laboratories, performance halls and galleries, as well as parking areas, sidewalks and common areas including College and professional sports facilities

• Gaming facilities, horse racing tracks and off-track betting parlors 

• Libraries 

• Airports 

• Amusement parks 

• Zoos and museums 

• Nuclear power plants or other facilities regulated by the Nuclear Regulatory Commission (no vehicle “safe haven”) 

• Any area where firearms are prohibited by federal law (no vehicle “safe haven”) 

• Additional Provisions for Colleges, Community Colleges and Universities: May prohibit persons from carrying firearms within any vehicle owned or controlled by the college or university; 9 A Summary of Illinois’ Right to Carry Law May establish their own policies involving discipline; May establish their own policies regarding designated areas for parking vehicles that carry firearms; May permit carrying and use of firearms for recognized programs, such as a shooting club, firearm instruction, military science and law enforcement training. (In almost all cases, the prohibitions include parking lots and other property under control of the entity).

• Bar Owners/Operators Fine of up to $5,000 for allowing concealed firearms in bars and restaurants where more than 50% of gross receipts comes from alcohol sales. *

• Private Property Any owner of private property may prohibit concealed carry by posting a sign indicating that firearms are prohibited; Homeowners are not required to post such signs in order to prohibit persons from carrying a concealed firearm on their property. Signage Signs stating that the carrying of firearms is prohibited must to conspicuously posted at entrances (unless a private residence); Signs must be a uniform design established by the Dept. of State Police and must be 4 x 6 inches. Vehicles Are a Safe Haven Anyone carrying a concealed firearm onto a parking area may store the firearm in a case that is locked in the vehicle or in a locked case in the vehicle. Persons are permitted to step out of their vehicle in order to lock the weapon in a trunk or retrieve it when leaving the area. The “Safe Haven” provisions do not apply to nuclear power plants or facilities. They also do not apply to any area where firearms are prohibited by federal law. 

• When stopped by a police officer, including traffic stops, upon the request of the officer the licensee must disclose to the officer that he or she is in possession of a concealed firearm, present the license to the officer upon his or her request and disclose the location of the firearm. 

• Violations/Penalties: Revoked if licensee no longer meets FOID Card eligibility; Revoked if an order of protection is issued; Class A misdemeanor for carrying under the influence, first or second violation; Class 4 felony for third violation; Violation of the Act is a Class B misdemeanor (first offense). Class A for second or subsequent offense. License suspended for six months for a second offense and permanently revoked for three or more violations; All violations require a $150 fee to the Mental Health Reporting Fund, plus any other court costs or fees; License must be surrendered within 48 hours; Preemption State assumes all power over regulation, licensing, possession, registration and transportation of handguns and ammunition. 

• A Summary of Illinois’ Right to Carry Law Invalidates any existing local regulations on handguns and the transport of any firearm or ammunition. Municipalities and other local units of government cannot regulate or restrict assault weapons unless adopted before July 19, 2013 (10 days after the Act became law)

         (1) carry a loaded or unloaded concealed firearm, fully concealed or partially concealed, on or about his or her person; and

       (2) keep or carry a loaded or unloaded concealed firearm on or about his or her person within a vehicle.

    (a-20) The Illinois State Police shall develop an Internet-based system for individuals to determine the validity of a Firearm Owner's Identification Card prior to the sale or transfer of a firearm. The Illinois State Police shall have the Internet-based system updated and available for use by January 1, 2024. The Illinois State Police shall adopt rules not inconsistent with this Section to implement this system, but no rule shall allow the Illinois State Police to retain records in contravention of State and federal law.

(b-5) By January 1, 2023, the Illinois State Police shall by rule provide a process for the automatic renewal of the Firearm Owner's Identification Card of a person at the time of an inquiry in subsection (b). Persons eligible for this process must have a set of fingerprints on file with their application under either subsection (a-25) of Section 4 or the Firearm Concealed Carry Act. (a-25) Beginning January 1, 2023, each applicant for the issuance of a Firearm Owner's Identification Card may include a full set of his or her fingerprints in electronic format to the Illinois State Police, unless the applicant has previously provided a full set of his or her fingerprints to the Illinois State Police under this Act or the Firearm Concealed Carry Act.

The fingerprints must be transmitted through a live scan fingerprint vendor licensed by the Department of Financial and Professional Regulation. The fingerprints shall be checked against the fingerprint records now and hereafter filed in the Illinois State Police and Federal Bureau of Investigation criminal history records databases, including all available State and local criminal history record information files.

The Illinois State Police shall charge applicants a one-time fee for conducting the criminal history record check, which shall be deposited into the State Police Services Fund and shall not exceed the actual cost of the State and national criminal history record check.  (a-26) The Illinois State Police shall research, explore, and report to the General Assembly by January 1, 2022 on the feasibility of permitting voluntarily submitted fingerprints obtained for purposes other than Firearm Owner's Identification Card enforcement that are contained in the Illinois State Police database for purposes of this Act. (c) If the Firearm Owner's Identification Card of a licensee under the Firearm Concealed Carry Act expires during the term of the licensee's concealed carry license, the Firearm Owner's Identification Card and the license remain valid and the licensee does not have to renew his or her Firearm Owner's Identification Card during the duration of the

concealed carry license. Unless the Illinois State Police has reason to believe the licensee is no longer eligible for the card, the Illinois State Police may automatically renew the licensee's Firearm Owner's Identification Card and send a renewed Firearm Owner's Identification Card to the licensee.  (d) The Illinois State Police may adopt rules concerning the use of voluntarily submitted fingerprints, as allowed by State and federal law.

(430 ILCS 65/6.2 new)

Sec. 6.2. Electronic Firearm Owner's Identification Cards. Beginning January 1, 2022, the Illinois State Police may develop a system under which the holder of a Firearm Owner's Identification Card may display an electronic version of his or her Firearm Owner's Identification Card on a mobile telephone or other portable electronic device. An electronic version of a Firearm Owner's Identification Card shall contain security features the Illinois State Police determines to be necessary to ensure that the electronic version is accurate and current and shall satisfy other requirements the Illinois State Police determines to be necessary regarding form and content. The display or possession of an electronic version of a valid Firearm Owner's Identification Card in accordance with the requirements of the Illinois State Police satisfies all requirements for the display or possession of a valid Firearm Owner's Identification Card under the laws of this State. The possession or display of an electronic Firearm Owner's Identification Card on a mobile telephone or other portable electronic device does not constitute consent for a law enforcement officer, court, or other officer of the court to access other contents of the mobile telephone or other portable electronic device. The Illinois State Police may adopt rules to implement this Section. (c) Beginning January 1, 2022, if the Firearm Owner's Identification Card of a licensee under the Firearm Concealed Carry Act expires during the term of the licensee's concealed carry license, the Firearm Owner's Identification Card and the license remain valid during the validity of the concealed carry license and the licensee does not have to renew his or her Firearm Owner's Identification Card, if the Firearm Owner's Identification Card has not been otherwise renewed as provided in this Act. Unless the Illinois State Police has reason to believe the licensee is no longer eligible for the card, the Illinois State Police may automatically renew the licensee's Firearm Owner's Identification Card. 

(430 ILCS 66/10.5 new)

Sec. 10.5. Electronic concealed carry licenses. The Illinois State Police may develop a system under which the holder of a concealed carry license may display an electronic version of his or her license on a mobile telephone or other portable electronic device. An electronic version of a

concealed carry license shall contain security features the Illinois State Police determines to be necessary to ensure that the electronic version is accurate and current and shall

satisfy other requirements the Illinois State Police determines to be necessary regarding form and content. The display or possession of an electronic version of a valid concealed carry license in accordance with the requirements of the Illinois State Police satisfies all requirements for the

display or possession of a valid concealed carry license under the laws of this State. The possession or display of an electronic concealed carry license on a mobile telephone or

other portable electronic device does not constitute consent for a law enforcement officer, court, or other officer of the court to access other contents of the mobile telephone or other portable electronic device. The Illinois State Police may adopt rules to implement this Section. If the Firearm Owner's Identification Card is expired or suspended rather than denied or revoked, the license may be suspended or a period of up to one year to allow the licensee to reinstate his or her Firearm Owner's Identification Card. The Illinois State Police shall adopt rules to enforce this.

Sec. 2-8. "Forcible felony". "Forcible felony" means treason, first degree murder, second degree murder, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, robbery, burglary, residential burglary, aggravated arson, arson, aggravated kidnaping, kidnaping, aggravated battery resulting in great bodily harm or permanent disability or disfigurement and any other felony which involves the use or threat of physical force or violence against any individual.      

(a) A person commits intimidation when, with intent to cause another to perform or to omit the performance of any act, he or she communicates to another, directly or indirectly by any means, a threat to perform without lawful authority any of the following acts:

       (1) Inflict physical harm on the person threatened or any other person or on property; or

       (2) Subject any person to physical confinement or restraint; or

       (3) Commit a felony or Class A misdemeanor; or

       (4) Accuse any person of an offense; or

       (5) Expose any person to hatred, contempt or ridicule; or

       (6) Take action as a public official against anyone or anything, or withhold official action, or cause such action or withholding; or

       (7) Bring about or continue a strike, boycott or other collective action.ing a holiday sale or weekly special? Definitely promote it here to get customers excited about getting a sweet deal.

A person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to defend himself or another against such other's imminent use of unlawful force. However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if he reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or another, or the commission of a forcible felony.

(a) A person who is not a peace officer acting in the line of duty commits home invasion when without authority he or she knowingly enters the dwelling place of another when he or she knows or has reason to know that one or more persons is present or he or she knowingly enters the dwelling place of another and remains in the dwelling place until he or she knows or has reason to know that one or more persons is present or who falsely represents himself or herself, including but not limited to, falsely representing himself or herself to be a representative of any unit of government or a construction, telecommunications, or utility company, for the purpose of gaining entry to the dwelling place of another when he or she knows or has reason to know that one or more persons are present and      

       (1) While armed with a dangerous weapon, other than a firearm, uses force or threatens the  imminent use of force upon any person or persons within the dwelling place whether or not injury occurs, or

       (2) Intentionally causes any injury, except as provided in subsection (a)(5), to any person or persons within the dwelling place, or

       (3) While armed with a firearm uses force or threatens the imminent use of force upon any person or persons within the dwelling place whether or not injury occurs, or

       (4) Uses force or threatens the imminent use of force upon any person or persons within the dwelling place whether or not injury occurs and during the commission of the offense personally discharges a firearm, or

       (5) Personally discharges a firearm that proximately causes great bodily harm, permanent disability, permanent disfigurement, or death to another person within the dwelling place, or

       (6) Commits, against any person or persons within that dwelling place, a violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of this Code.

(b) It is an affirmative defense to a charge of home invasion that the accused who knowingly enters the dwelling place of another and remains in the dwelling place until he or she knows or has reason to know that one or more persons is present either immediately leaves the premises or surrenders to the person or persons lawfully present therein without either attempting to cause or causing serious bodily injury to any person present therein. 

  Carries or possesses on or about his person, upon any public street, alley, or other public lands within the corporate limits of a city, village or incorporated town, except when an invitee thereon or therein, for the purpose of the display of such weapon or the lawful commerce in weapons, or except whenon his land or in his own abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission, any pistol, revolver, stun gun or taser or other firearm, except that this subsection (a) (10) does not apply to or affect transportation of weapons that meet one of the following conditions:

Sec. 7-1. Use of force in defense of person.  

(a) A person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to defend himself or another against such other's imminent use of unlawful force. However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if he reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or another, or the commission of a forcible felony. 

A person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to prevent or terminate such other's unlawful entry into or attack upon a dwelling. However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if:  ​

The entry is made or attempted in a violent, riotous, or tumultuous manner, and he reasonably believes that such force is necessary to prevent an assault upon, or offer of personal violence to, him or another then in the dwelling, or 

He reasonably believes that such force is necessary to prevent the commission of a felony in the dwelling.

A person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to prevent or terminate such other's trespass on or other tortious or criminal interference with either real property (other than a dwelling) or personal property, lawfully in his possession or in the possession of another who is a member of his immediate family or household or of a person whose property he has a legal duty to protect.  However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if he reasonably believes that such force is necessary to prevent the commission of a forcible felony.

  (a) Except as provided in subsection (c), it is unlawful for any person to store or leave, within premises under his or her control, a firearm if the person knows or has reason to believe that a minor under the age of 14 years who does not have a Firearm Owners Identification Card is likely to gain access to the firearm without the lawful permission of the minor's parent, guardian, or person having charge of the minor, and the minor causes death or great bodily harm with the firearm, unless the firearm is:

       (1) secured by a device or mechanism, other than the firearm safety, designed to render a firearm temporarily inoperable; or

       (2) placed in a securely locked box or container; or

       (3) placed in some other location that a reasonable person would believe to be secure from a minor under the age of 14 years.

(b) Sentence. A person who violates this Section is guilty of a Class C misdemeanor and shall be fined not less than $1,000. A second or subsequent violation of this Section is a Class A misdemeanor.

(c) Subsection (a) does not apply:

       (1) if the minor under 14 years of age gains access to a firearm and uses it in a lawful act of self-defense or defense of another; or

       (2) to any firearm obtained by a minor under the age of 14 because of an unlawful entry of the premises by the minor or another person.

(d) For the purposes of this Section, "firearm" has the meaning ascribed to it in Section 1.1 of the Firearm Owners Identification Card Act.