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Illinois General Assembly - Illinois Compiled Statutes (4)

Illinois Compiled Statutes
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Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process.Recent laws may not yet be included in the ILCS database, but they are found on this site as PublicActs soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to theGuide.

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225 ILCS 447/35-35

(225 ILCS 447/35-35)
(Text of Section before amendment by P.A. 103-309)
(Section scheduled to be repealed on January 1, 2029)
Sec. 35-35. Requirement of a firearm controlcard.
(a) No person shall perform duties that include the use,carrying, or possession of a firearm in the performance ofthose duties without complying with the provisions of thisSection and having been issued a valid firearm controlcard by the Department.
(b) No employer shall employ any person to perform theduties for which licensure or employee registration is required and allowthat person to carry a firearm unless that person has compliedwith all the firearm training requirements of this Section andhas been issued a firearm control card. This Actpermits only the following to carry firearms while actuallyengaged in the performance of their duties or while commutingdirectly to or from their places of employment: personslicensed as private detectives and their registered employees;persons licensed as private security contractors and theirregistered employees; persons licensed as private alarmcontractors and their registered employees; and employees of aregistered armed proprietary security force.
(c) Possession of a valid firearm controlcardallows a licensee or employee to carry a firearm not otherwise prohibitedby law while the licensee or employee is engaged in the performance of hisor her duties or while the licensee or employee is commuting directly toor from the licensee's or employee's place or places of employment.
(d) The Department shall issue a firearm controlcard to a person who has passed an approved firearm trainingcourse, who is currently licensed or employed by an agency licensed bythis Act and has met all the requirements of this Act, and whopossesses a valid firearm owner identification card.Application for the firearm control card shall be madeby the employer to the Department on forms provided by theDepartment. The Department shall forward the card to theemployer who shall be responsible for its issuance to the licensee oremployee. The firearm control card shall be issued bythe Department and shall identify the person holding it andthe name of the course where the licensee or employee received firearminstruction and shall specify the type of weapon or weaponsthe person is authorized by the Department to carry and forwhich the person has been trained.
(e) Expiration and requirements for renewal of firearm control cards shall be determined by rule.
(f) The Department may, in addition to any otherdisciplinary action permitted by this Act, refuse to issue,suspend, or revoke a firearm control card if theapplicant or holder has been convicted of any felony or crimeinvolving the illegal use, carrying, or possession of a deadlyweapon or for a violation of this Act or rules promulgatedunder this Act. The Department shall refuse to issue or shallrevoke a firearm control card if the applicant or holderfails to possess a valid firearm owners identification card without hearing.The Secretary shall summarily suspend a firearm controlcard if the Secretary finds that its continued use wouldconstitute an imminent danger to the public. A hearing shallbe held before the Board within 30 days if the Secretarysummarily suspends a firearm control card.
(g) Notwithstanding any other provision of this Act to thecontrary, all requirements relating to firearms controlcards 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.
(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.
(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.
(Source: P.A. 100-712, eff. 8-3-18.)

(Text of Section after amendment by P.A. 103-309)
(Section scheduled to be repealed on January 1, 2029)
Sec. 35-35. Requirement of a firearm controlcard.
(a) No person shall perform duties that include the use,carrying, or possession of a firearm in the performance ofthose duties without complying with the provisions of thisSection and having been issued a valid firearm controlcard by the Department.
(b) No employer shall employ any person to perform theduties for which licensure or employee registration is required and allowthat person to carry a firearm unless that person has compliedwith all the firearm training requirements of this Section andhas been issued a firearm control card. This Actpermits only the following to carry firearms while actuallyengaged in the performance of their duties or while commutingdirectly to or from their places of employment: personslicensed as private detectives and their registered employees;persons licensed as private security contractors and theirregistered employees; persons licensed as private alarmcontractors and their registered employees; and employees of aregistered armed proprietary security force.
(c) Possession of a valid firearm controlcardallows a licensee or employee to carry a firearm not otherwise prohibitedby law while the licensee or employee is engaged in the performance of the licensee's or employee's duties or while the licensee or employee is commuting directly toor from the licensee's or employee's place or places of employment.
(d) The Department shall issue a firearm controlcard to a person who has passed an approved firearm trainingcourse, who is currently licensed or employed by an agency licensed bythis Act and has met all the requirements of this Act, and whopossesses a valid firearm owner identification card.Application for the firearm control card shall be madeby the employer to the Department on forms provided by theDepartment. The Department shall forward the card to theemployer who shall be responsible for its issuance to the licensee oremployee. The firearm control card shall be issued bythe Department and shall identify the person holding it andthe name of the course where the licensee or employee received firearminstruction and shall specify the type of weapon or weaponsthe person is authorized by the Department to carry and forwhich the person has been trained.
(e) Expiration and requirements for renewal of firearm control cards shall be determined by rule.
(f) The Department may, in addition to any otherdisciplinary action permitted by this Act, refuse to issue,suspend, or revoke a firearm control card if theapplicant or holder has been convicted of any felony or crimeinvolving the illegal use, carrying, or possession of a deadlyweapon or for a violation of this Act or rules promulgatedunder this Act. The Department shall refuse to issue or shallrevoke a firearm control card if the applicant or holderfails to possess a valid firearm owners identification card without hearing.The Secretary shall summarily suspend a firearm controlcard if the Secretary finds that its continued use wouldconstitute an imminent danger to the public. A hearing shallbe held before the Board within 30 days if the Secretarysummarily suspends a firearm control card.
(g) Notwithstanding any other provision of this Act to thecontrary, all requirements relating to firearms controlcards 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 shall submit an application to the Department for issuance of a waiver card along with a fee specified by rule.
(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 the employer's 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.
(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.
(Source: P.A. 103-309, eff. 1-1-24.)


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Illinois General Assembly - Illinois Compiled Statutes (2024)

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