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| Public Act 100-0712 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Private Detective, Private Alarm, Private | ||||
Security, Fingerprint Vendor, and
Locksmith Act of 2004 is | ||||
amended by changing Section 35-35 as follows:
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(225 ILCS 447/35-35)
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(Section scheduled to be repealed on January 1, 2024)
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Sec. 35-35. Requirement of a firearm control
card.
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(a) No person shall perform duties that include the use,
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carrying, or possession of a firearm in the performance of
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those duties without complying with the provisions of this
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Section and having been issued a valid firearm control
card by | ||||
the Department.
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(b) No employer shall employ any person to perform the
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duties for which licensure or employee registration is required | ||||
and allow
that person to carry a firearm unless that person has | ||||
complied
with all the firearm training requirements of this | ||||
Section and
has been issued a firearm control card. This Act
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permits only the following to carry firearms while actually
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engaged in the performance of their duties or while commuting
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directly to or from their places of employment: persons
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licensed as private detectives and their registered employees;
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persons licensed as private security contractors and their
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registered employees; persons licensed as private alarm
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contractors and their registered employees; and employees of a
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registered armed proprietary security force.
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(c) Possession of a valid firearm control
card
allows a | ||
licensee or employee to carry a firearm not otherwise | ||
prohibited
by law while the licensee or employee is engaged in | ||
the performance of his
or her duties or while the licensee or | ||
employee is commuting directly to
or from the licensee's or | ||
employee's place or places of employment.
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(d) The Department shall issue a firearm control
card to a | ||
person who has passed an approved firearm training
course, who | ||
is currently licensed or employed by an agency licensed by
this | ||
Act and has met all the requirements of this Act, and who
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possesses a valid firearm owner identification card.
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Application for the firearm control card shall be made
by the | ||
employer to the Department on forms provided by the
Department. | ||
The Department shall forward the card to the
employer who shall | ||
be responsible for its issuance to the licensee or
employee. | ||
The firearm control card shall be issued by
the Department and | ||
shall identify the person holding it and
the name of the course | ||
where the licensee or employee received firearm
instruction and | ||
shall specify the type of weapon or weapons
the person is | ||
authorized by the Department to carry and for
which the person | ||
has been trained.
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(e) Expiration and requirements for renewal of firearm | ||
control cards shall be determined by rule.
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(f) The Department may, in addition to any other
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disciplinary action permitted by this Act, refuse to issue,
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suspend, or revoke a firearm control card if the
applicant or | ||
holder has been convicted of any felony or crime
involving the | ||
illegal use, carrying, or possession of a deadly
weapon or for | ||
a violation of this Act or rules promulgated
under this Act. | ||
The Department shall refuse to issue or shall
revoke a firearm | ||
control card if the applicant or holder
fails to possess a | ||
valid firearm owners identification card without hearing.
The | ||
Secretary shall summarily suspend a firearm control
card if the | ||
Secretary finds that its continued use would
constitute an | ||
imminent danger to the public. A hearing shall
be held before | ||
the Board within 30 days if the Secretary
summarily suspends a | ||
firearm control card.
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(g) Notwithstanding any other provision of this Act to the
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contrary, all requirements relating to firearms control
cards | ||
do not apply to a peace officer. If an individual ceases to be | ||
employed as a peace officer and continues to perform services | ||
in an armed capacity under this Act that are licensed | ||
activities, then the individual is required to obtain a | ||
permanent employee registration card pursuant to Section 35-30 | ||
of this Act and must possess a valid Firearm Owner's | ||
Identification Card, but is not required to obtain a firearm | ||
control card if the individual is otherwise in continuing | ||
compliance with the federal Law Enforcement Officers Safety Act | ||
of 2004. If an individual elects to carry a firearm pursuant to | ||
the federal Law Enforcement Officers Safety Act of 2004, then | ||
the agency employing the officer is required to submit a notice | ||
of that election to the Department along with a fee specified | ||
by rule.
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(h) The Department may issue a temporary firearm control | ||
card pending issuance of a new firearm control card upon an | ||
agency's acquiring of an established armed account. An agency | ||
that has acquired armed employees as a result of acquiring an | ||
established armed account may, on forms supplied by the | ||
Department, request the issuance of a temporary firearm control | ||
card for each acquired employee who held a valid firearm | ||
control card under his or her employment with the newly | ||
acquired established armed account immediately preceding the | ||
acquiring of the account and who continues to meet all of the | ||
qualifications for issuance of a firearm control card set forth | ||
in this Act and any rules adopted under this Act. The | ||
Department shall, by rule, set the fee for issuance of a | ||
temporary firearm control card.
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(i) The Department shall not issue a firearm control card | ||
to a licensed fingerprint vendor or a licensed locksmith or | ||
employees of a licensed fingerprint vendor agency or a licensed | ||
locksmith agency.
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(Source: P.A. 98-253, eff. 8-9-13.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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