103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5555

Introduced , by Rep. Mary Gill

SYNOPSIS AS INTRODUCED:

`430 ILCS 66/10`
`430 ILCS 66/70`
`720 ILCS 5/24-1.6`

Amends the Firearm Concealed Carry Act. Provides that if a concealed carry licensee leaves his or her vehicle unattended, he or she shall store the firearm out of plain view in a safe or other secure container which, when locked, is incapable of being opened without the key, keypad, combination, or other unlocking mechanism and is capable of preventing an unauthorized person from obtaining access to and possession of the weapon contained therein and shall be fire, impact, and tamper resistant. For the purposes of this provision, a glove compartment, glove box, or center console is not considered an appropriate safe or secure storage container. Provides that when leaving his or her vehicle unattended, a concealed carry licensee shall store his or her loaded or unloaded firearm out of plain view in a safe or other secure container which, when locked, is incapable of being opened without the key, keypad, combination or other unlocking mechanism and is capable of preventing an unauthorized person from obtaining access to and possession of the weapon contained therein and shall be fire, impact, and tamper resistant. For the purposes of this provision, a glove compartment, glove box, or center console is not considered an appropriate safe or secure storage container. Provides that a concealed carry licensee in violation of this provision is guilty of a Class A misdemeanor for a first or second violation and a Class 4 felony for a third violation. Provides that the Illinois State Police may suspend a license for up to 6 months for a second violation and shall permanently revoke a license for a third violation. Amends the Criminal Code of 2012. Provides that for the aggravated unlawful use of a weapon statute, "case" does not include an unlocked glove compartment, glove box, or center console of a vehicle.

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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,

3 represented in the General Assembly:

4 Section 5. The Firearm Concealed Carry Act is amended by

5 changing Sections 10 and 70 as follows:

6 (430 ILCS 66/10)

7 Sec. 10. Issuance of licenses to carry a concealed

8 firearm.

9 (a) The Illinois State Police shall issue a license to

10 carry a concealed firearm under this Act to an applicant who:

11 (1) meets the qualifications of Section 25 of this

12 Act;

13 (2) has provided the application and documentation

14 required in Section 30 of this Act;

15 (3) has submitted the requisite fees; and

16 (4) does not pose a danger to himself, herself, or

17 others, or a threat to public safety as determined by the

18 Concealed Carry Licensing Review Board in accordance with

19 Section 20.

20 (b) The Illinois State Police shall issue a renewal,

21 corrected, or duplicate license as provided in this Act.

22 (c) A license shall be valid throughout the State for a

23 period of 5 years from the date of issuance. A license shall

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1 permit the licensee to:

2 (1) carry a loaded or unloaded concealed firearm,

3 fully concealed or partially concealed, on or about his or

4 her person; and

5 (2) keep or carry a loaded or unloaded concealed

6 firearm on or about his or her person within a vehicle; if

7 the licensee leaves his or her vehicle unattended, he or

8 she shall store the firearm out of plain view in a safe or

9 other secure container which, when locked, is incapable of

10 being opened without the key, keypad, combination or other

11 unlocking mechanism and is capable of preventing an

12 unauthorized person from obtaining access to and

13 possession of the weapon contained therein and shall be

14 fire, impact, and tamper resistant. For the purposes of

15 this paragraph (2), a glove compartment, glove box, or

16 center console is not considered an appropriate safe or

17 secure storage container.

18 (d) The Illinois State Police shall make applications for

19 a license available no later than 180 days after July 9, 2013

20 (the effective date of this Act). The Illinois State Police

21 shall establish rules for the availability and submission of

22 applications in accordance with this Act.

23 (e) An application for a license submitted to the Illinois

24 State Police that contains all the information and materials

25 required by this Act, including the requisite fee, shall be

26 deemed completed. Except as otherwise provided in this Act, no

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1 later than 90 days after receipt of a completed application,

2 the Illinois State Police shall issue or deny the applicant a

3 license. The Illinois State Police shall notify the applicant

4 for a concealed carry license electronically to confirm if all

5 the required information and materials have been received. If

6 an applicant for a concealed carry license submits his or her

7 application electronically, the Illinois State Police shall

8 notify the applicant electronically if his or her application

9 is missing information or materials.

10 (f) The Illinois State Police shall deny the applicant a

11 license if the applicant fails to meet the requirements under

12 this Act or the Illinois State Police receives a determination

13 from the Board that the applicant is ineligible for a license.

14 The Illinois State Police must notify the applicant stating

15 the grounds for the denial. The notice of denial must inform

16 the applicant of his or her right to an appeal through

17 administrative and judicial review.

18 (g) A licensee shall possess a license at all times the

19 licensee carries a concealed firearm except:

20 (1) when the licensee is carrying or possessing a

21 concealed firearm on his or her land or in his or her

22 abode, legal dwelling, or fixed place of business, or on

23 the land or in the legal dwelling of another person as an

24 invitee with that person's permission;

25 (2) when the person is authorized to carry a firearm

26 under Section 24-2 of the Criminal Code of 2012, except

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1 subsection (a-5) of that Section; or

2 (3) when the handgun is broken down in a

3 non-functioning state, is not immediately accessible, or

4 is unloaded and enclosed in a case.

5 (h) If an officer of a law enforcement agency initiates an

6 investigative stop, including, but not limited to, a traffic

7 stop, of a licensee or a non-resident carrying a concealed

8 firearm under subsection (e) of Section 40 of this Act, upon

9 the request of the officer the licensee or non-resident shall

10 disclose to the officer that he or she is in possession of a

11 concealed firearm under this Act, or present the license upon

12 the request of the officer if he or she is a licensee or

13 present upon the request of the officer evidence under

14 paragraph (2) of subsection (e) of Section 40 of this Act that

15 he or she is a non-resident qualified to carry under that

16 subsection. The disclosure requirement under this subsection

17 (h) is satisfied if the licensee presents his or her license to

18 the officer or the non-resident presents to the officer

19 evidence under paragraph (2) of subsection (e) of Section 40

20 of this Act that he or she is qualified to carry under that

21 subsection. Upon the request of the officer, the licensee or

22 non-resident shall also identify the location of the concealed

23 firearm and permit the officer to safely secure the firearm

24 for the duration of the investigative stop. During a traffic

25 stop, any passenger within the vehicle who is a licensee or a

26 non-resident carrying under subsection (e) of Section 40 of

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1 this Act must comply with the requirements of this subsection

2 (h).

3 (h-1) If a licensee carrying a firearm or a non-resident

4 carrying a firearm in a vehicle under subsection (e) of

5 Section 40 of this Act is contacted by a law enforcement

6 officer or emergency services personnel, the law enforcement

7 officer or emergency services personnel may secure the firearm

8 or direct that it be secured during the duration of the contact

9 if the law enforcement officer or emergency services personnel

10 determines that it is necessary for the safety of any person

11 present, including the law enforcement officer or emergency

12 services personnel. The licensee or nonresident shall submit

13 to the order to secure the firearm. When the law enforcement

14 officer or emergency services personnel have determined that

15 the licensee or non-resident is not a threat to the safety of

16 any person present, including the law enforcement officer or

17 emergency services personnel, and if the licensee or

18 non-resident is physically and mentally capable of possessing

19 the firearm, the law enforcement officer or emergency services

20 personnel shall return the firearm to the licensee or

21 non-resident before releasing him or her from the scene and

22 breaking contact. If the licensee or non-resident is

23 transported for treatment to another location, the firearm

24 shall be turned over to any peace officer. The peace officer

25 shall provide a receipt which includes the make, model,

26 caliber, and serial number of the firearm.

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1 (i) The Illinois State Police shall maintain a database of

2 license applicants and licensees. The database shall be

3 available to all federal, State, and local law enforcement

4 agencies, State's Attorneys, the Attorney General, and

5 authorized court personnel. Within 180 days after July 9, 2013

6 (the effective date of this Act), the database shall be

7 searchable and provide all information included in the

8 application, including the applicant's previous addresses

9 within the 10 years prior to the license application and any

10 information related to violations of this Act. No law

11 enforcement agency, State's Attorney, Attorney General, or

12 member or staff of the judiciary shall provide any information

13 to a requester who is not entitled to it by law.

14 (j) No later than 10 days after receipt of a completed

15 application, the Illinois State Police shall enter the

16 relevant information about the applicant into the database

17 under subsection (i) of this Section which is accessible by

18 law enforcement agencies.

19 (k) The Illinois State Police shall continuously monitor

20 relevant State and federal databases for firearms prohibitors

21 and correlate those records with concealed carry license

22 holders to ensure compliance with this Act, or State and

23 federal law. The Illinois State Police may adopt rules to

24 implement this subsection.

25 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;

26 102-813, eff. 5-13-22.)

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1 (430 ILCS 66/70)

2 Sec. 70. Violations.

3 (a) A license issued or renewed under this Act shall be

4 revoked if, at any time, the licensee is found to be ineligible

5 for a license under this Act or the licensee no longer meets

6 the eligibility requirements of the Firearm Owners

7 Identification Card Act.

8 (b) A license shall be suspended if an order of

9 protection, including an emergency order of protection,

10 plenary order of protection, or interim order of protection

11 under Article 112A of the Code of Criminal Procedure of 1963 or

12 under the Illinois Domestic Violence Act of 1986, or if a

13 firearms restraining order, including an emergency firearms

14 restraining order, under the Firearms Restraining Order Act,

15 is issued against a licensee for the duration of the order, or

16 if the Illinois State Police is made aware of a similar order

17 issued against the licensee in any other jurisdiction. If an

18 order of protection is issued against a licensee, the licensee

19 shall surrender the license, as applicable, to the court at

20 the time the order is entered or to the law enforcement agency

21 or entity serving process at the time the licensee is served

22 the order. The court, law enforcement agency, or entity

23 responsible for serving the order of protection shall notify

24 the Illinois State Police within 7 days and transmit the

25 license to the Illinois State Police.

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1 (c) A license is invalid upon expiration of the license,

2 unless the licensee has submitted an application to renew the

3 license, and the applicant is otherwise eligible to possess a

4 license under this Act.

5 (d) A licensee shall not carry a concealed firearm while

6 under the influence of alcohol, other drug or drugs,

7 intoxicating compound or combination of compounds, or any

8 combination thereof, under the standards set forth in

9 subsection (a) of Section 11-501 of the Illinois Vehicle Code.

10 A licensee in violation of this subsection (d) shall be

11 guilty of a Class A misdemeanor for a first or second violation

12 and a Class 4 felony for a third violation. The Illinois State

13 Police may suspend a license for up to 6 months for a second

14 violation and shall permanently revoke a license for a third

15 violation.

16 (e) Except as otherwise provided, a licensee in violation

17 of this Act shall be guilty of a Class B misdemeanor. A second

18 or subsequent violation is a Class A misdemeanor. The Illinois

19 State Police may suspend a license for up to 6 months for a

20 second violation and shall permanently revoke a license for 3

21 or more violations of Section 65 of this Act. Any person

22 convicted of a violation under this Section shall pay a $150

23 fee to be deposited into the Mental Health Reporting Fund,

24 plus any applicable court costs or fees.

25 (f) A licensee convicted or found guilty of a violation of

26 this Act who has a valid license and is otherwise eligible to

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1 carry a concealed firearm shall only be subject to the

2 penalties under this Section and shall not be subject to the

3 penalties under Section 21-6, paragraph (4), (8), or (10) of

4 subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5)

5 of paragraph (3) of subsection (a) of Section 24-1.6 of the

6 Criminal Code of 2012. Except as otherwise provided in this

7 subsection, nothing in this subsection prohibits the licensee

8 from being subjected to penalties for violations other than

9 those specified in this Act.

10 (g) A licensee whose license is revoked, suspended, or

11 denied shall, within 48 hours of receiving notice of the

12 revocation, suspension, or denial, surrender his or her

13 concealed carry license to the local law enforcement agency

14 where the person resides. The local law enforcement agency

15 shall provide the licensee a receipt and transmit the

16 concealed carry license to the Illinois State Police. If the

17 licensee whose concealed carry license has been revoked,

18 suspended, or denied fails to comply with the requirements of

19 this subsection, the law enforcement agency where the person

20 resides may petition the circuit court to issue a warrant to

21 search for and seize the concealed carry license in the

22 possession and under the custody or control of the licensee

23 whose concealed carry license has been revoked, suspended, or

24 denied. The observation of a concealed carry license in the

25 possession of a person whose license has been revoked,

26 suspended, or denied constitutes a sufficient basis for the

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1 arrest of that person for violation of this subsection. A

2 violation of this subsection is a Class A misdemeanor.

3 (h) Except as otherwise provided in subsection (h-5), a

4 license issued or renewed under this Act shall be revoked if,

5 at any time, the licensee is found ineligible for a Firearm

6 Owner's Identification Card, or the licensee no longer

7 possesses a valid Firearm Owner's Identification Card. If the

8 Firearm Owner's Identification Card is expired or suspended

9 rather than denied or revoked, the license may be suspended

10 for a period of up to one year to allow the licensee to

11 reinstate his or her Firearm Owner's Identification Card. The

12 Illinois State Police shall adopt rules to enforce this

13 subsection. A licensee whose license is revoked under this

14 subsection (h) shall surrender his or her concealed carry

15 license as provided for in subsection (g) of this Section.

16 This subsection shall not apply to a person who has filed

17 an application with the Illinois State Police for renewal of a

18 Firearm Owner's Identification Card and who is not otherwise

19 ineligible to obtain a Firearm Owner's Identification Card.

20 (h-5) If the Firearm Owner's Identification Card of a

21 licensee under this Act expires during the term of the license

22 issued under this Act, the license and the Firearm Owner's

23 Identification Card remain valid, and the Illinois State

24 Police may automatically renew the licensee's Firearm Owner's

25 Identification Card as provided in subsection (c) of Section 5

26 of the Firearm Owners Identification Card Act.

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1 (i) A certified firearms instructor who knowingly provides

2 or offers to provide a false certification that an applicant

3 has completed firearms training as required under this Act is

4 guilty of a Class A misdemeanor. A person guilty of a violation

5 of this subsection (i) is not eligible for court supervision.

6 The Illinois State Police shall permanently revoke the

7 firearms instructor certification of a person convicted under

8 this subsection (i).

9 (j) When leaving his or her vehicle unattended, a licensee

10 shall store his or her loaded or unloaded firearm out of plain

11 view in a safe or other secure container which, when locked, is

12 incapable of being opened without the key, keypad,

13 combination, or other unlocking mechanism and is capable of

14 preventing an unauthorized person from obtaining access to and

15 possession of the weapon contained therein and shall be fire,

16 impact, and tamper resistant. For the purposes of this

17 subsection, a glove compartment, glove box, or center console

18 is not considered an appropriate safe or secure storage

19 container. A licensee in violation of this subsection (j) is

20 guilty of a Class A misdemeanor for a first or second violation

21 and a Class 4 felony for a third violation. The Illinois State

22 Police may suspend a license for up to 6 months for a second

23 violation and shall permanently revoke a license for a third

24 violation.

25 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;

26 102-813, eff. 5-13-22.)

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1 Section 10. The Criminal Code of 2012 is amended by

2 changing Section 24-1.6 as follows:

3 (720 ILCS 5/24-1.6)

4 Sec. 24-1.6. Aggravated unlawful use of a weapon.

5 (a) A person commits the offense of aggravated unlawful

6 use of a weapon when he or she knowingly:

7 (1) Carries on or about his or her person or in any

8 vehicle or concealed on or about his or her person except

9 when on his or her land or in his or her abode, legal

10 dwelling, or fixed place of business, or on the land or in

11 the legal dwelling of another person as an invitee with

12 that person's permission, any pistol, revolver, stun gun

13 or taser or other firearm; or

14 (2) Carries or possesses on or about his or her

15 person, upon any public street, alley, or other public

16 lands within the corporate limits of a city, village or

17 incorporated town, except when an invitee thereon or

18 therein, for the purpose of the display of such weapon or

19 the lawful commerce in weapons, or except when on his or

20 her own land or in his or her own abode, legal dwelling, or

21 fixed place of business, or on the land or in the legal

22 dwelling of another person as an invitee with that

23 person's permission, any pistol, revolver, stun gun or

24 taser or other firearm; and

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1 (3) One of the following factors is present:

2 (A) the firearm, other than a pistol, revolver, or

3 handgun, possessed was uncased, loaded, and

4 immediately accessible at the time of the offense; or

5 (A-5) the pistol, revolver, or handgun possessed

6 was uncased, loaded, and immediately accessible at the

7 time of the offense and the person possessing the

8 pistol, revolver, or handgun has not been issued a

9 currently valid license under the Firearm Concealed

10 Carry Act; or

11 (B) the firearm, other than a pistol, revolver, or

12 handgun, possessed was uncased, unloaded, and the

13 ammunition for the weapon was immediately accessible

14 at the time of the offense; or

15 (B-5) the pistol, revolver, or handgun possessed

16 was uncased, unloaded, and the ammunition for the

17 weapon was immediately accessible at the time of the

18 offense and the person possessing the pistol,

19 revolver, or handgun has not been issued a currently

20 valid license under the Firearm Concealed Carry Act;

21 or

22 (C) the person possessing the firearm has not been

23 issued a currently valid Firearm Owner's

24 Identification Card; or

25 (D) the person possessing the weapon was

26 previously adjudicated a delinquent minor under the

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1 Juvenile Court Act of 1987 for an act that if committed

2 by an adult would be a felony; or

3 (E) the person possessing the weapon was engaged

4 in a misdemeanor violation of the Cannabis Control

5 Act, in a misdemeanor violation of the Illinois

6 Controlled Substances Act, or in a misdemeanor

7 violation of the Methamphetamine Control and Community

8 Protection Act; or

9 (F) (blank); or

10 (G) the person possessing the weapon had an order

11 of protection issued against him or her within the

12 previous 2 years; or

13 (H) the person possessing the weapon was engaged

14 in the commission or attempted commission of a

15 misdemeanor involving the use or threat of violence

16 against the person or property of another; or

17 (I) the person possessing the weapon was under 21

18 years of age and in possession of a handgun, unless the

19 person under 21 is engaged in lawful activities under

20 the Wildlife Code or described in subsection

21 24-2(b)(1), (b)(3), or 24-2(f).

22 (a-1) For purposes of subsection (a), "case" does not

23 include an unlocked glove compartment, glove box, or center

24 console of a vehicle.

25 (a-5) "Handgun" as used in this Section has the meaning

26 given to it in Section 5 of the Firearm Concealed Carry Act.

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1 (b) "Stun gun or taser" as used in this Section has the

2 same definition given to it in Section 24-1 of this Code.

3 (c) This Section does not apply to or affect the

4 transportation or possession of weapons that:

5 (i) are broken down in a non-functioning state; or

6 (ii) are not immediately accessible; or

7 (iii) are unloaded and enclosed in a case, firearm

8 carrying box, shipping box, or other container by a person

9 who has been issued a currently valid Firearm Owner's

10 Identification Card.

11 (d) Sentence.

12 (1) Aggravated unlawful use of a weapon is a Class 4

13 felony; a second or subsequent offense is a Class 2 felony

14 for which the person shall be sentenced to a term of

15 imprisonment of not less than 3 years and not more than 7

16 years, except as provided for in Section 5-4.5-110 of the

17 Unified Code of Corrections.

18 (2) Except as otherwise provided in paragraphs (3) and

19 (4) of this subsection (d), a first offense of aggravated

20 unlawful use of a weapon committed with a firearm by a

21 person 18 years of age or older where the factors listed in

22 both items (A) and (C) or both items (A-5) and (C) of

23 paragraph (3) of subsection (a) are present is a Class 4

24 felony, for which the person shall be sentenced to a term

25 of imprisonment of not less than one year and not more than

26 3 years.

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