In July 9, 2013, the Illinois General Assembly enacted the Illinois Firearm Concealed Carry Act (40 ICLS 66), becoming the last state in the Union to adopt a concealed carry firearms law. The law requires an Illinois Concealed Carry License for a citizen to carry a concealed weapon in Illinois, excluding current peace officer and retired police officers under a feder- ally approved program. The law becomes effective immediately, but the legislation gives the Illinois State Police, charged with enforcing the law, 180 days after the Act’s effective date to issue rules and regulations. The State Police will make applica- tions available to the public on January 5, 2014.

The law has a litigious history, borne out of the lawsuit known as Moore v. Madigan, in which the Seventh Circuit found that the State’s ban on carrying firearms was uncon- stitutional and in violation of the Second Amendment to the Constitution of the United States. As a result of the lawsuit, the Illinois legislature was ordered by the Court to, within 180 days, draft a law allowing the carrying of a concealed firearm. The law does not allow the open carry of firearms.

Under the law as passed, the per- son carrying must possess a valid license to carry a concealed weapon. A “concealed firearm” means a loaded or unloaded handgun carried on or about a person concealed or partially concealed by the person licensed. It also means the carrying of a weapon in a vehicle.

To receive a concealed carry license, an individual must be at least 21 years old and possess a valid Firearm Owner’s Identification Card (“FOID”). The individual must have not been found guilty in Illinois or any other state have of a misde- meanor involving the use or threat of use of physical force or violence within the five year period preceding the date of the application for a con- cealed carry license, or two or more than two violations of driving under the influence of alcohol, drugs, intoxicating compounds, or a combi- nation thereof, and not subject to a pending arrest warrant or prosecu- tion. The license applicant must also not be under court ordered alcohol or drug treatment program within the preceding five years of the date of the license application. Finally, the applicant must undergo 16 hours of approved firearms training.

The law places restrictions on where firearms can be lawfully car- ried concealed. Conceptually, the law generally places restrictions on and makes distinctions between car- rying a concealed weapon in public and private buildings and their park- ing areas. Specifically, the law pro- hibits concealed carry in private and public pre-school and daycare cen- ters, and elementary and secondary educational establishments, and in their parking lots. The law also pro- hibits concealed carry in hospitals, mental institutions, and non-acute health centers, and their parking lots, and in establishments where more than 50 percent of the revenue is derived from the sale of alcoholic beverages, and their parking lots.

The law prohibits the concealed carry of firearms in any building or parking area of any area under the control of the executive or legislative branches of state government, except for areas under the control of the Department of Natural Resources where firearm possession is permit- ted. The law also prohibits con- cealed carry in any court building, or building under the control of local government, or any area where firearms are prohibited under federal law. The prohibition also extends to any building or parking area of any adult or juvenile detention or correc- tional institution, prison or jail.

Additionally, the law prohibits concealed carry in public parks, playgrounds, and athletic facilities, licensed gaming establishments, sports stadiums/arenas, airports, and amusement parks, museums, and zoos, and their respective park- ing areas. Public and Private colleges and universities are free to develop policies regulating the car- rying of concealed firearms, includ- ing parking areas. Cryptically, the law states that the owner of real property of any type may prohibit the carrying of concealed weapons on the property under his or her control, but the owner must post a sign noting that firearms are prohib- ited on the property.

The law contains important employer rights, and provides that an employer may prohibit firearms or weapons on its property. Specifically, the law states that signs prohibiting the concealed carry of guns shall be posted at the entrance of any building, premises, or real property specified as a prohibited area, unless the building or premises is a private residence. The law also provides that the owner of private real property of any type may pro- hibit the carrying of concealed firearms on the property under his or her control. To invoke this prohi- bition, a sign measuring 4” x 6” inches must be conspicuously post- ed. The state police are mandated with adopting rules for the standard- ization of signs. As noted, employers who are in control of statutorily pro-hibited zones must also post this approved sign. The law provides an express presumption that concealed firearms are allowed to be carried on the property if no approved sign is posted. The state approved sign will be available on the web site of the Illinois State Police at www.isp.state.il.us/firearms. The law also acts as a denial and limitation on home rule powers under the Illinois Constitution.

The law provides an important exception which applies to all employers and all statutorily prohib- ited areas. This exception provides that a person may lawfully carry a concealed weapon in a vehicle in a parking lot, and may carry and store the firearm in a locked case, in a locked, parked vehicle in the park- ing lot. When stored in the vehicle, it must be in a secured container out of plain view. The law also provides that a person may carry the con- cealed weapon in the immediate area around the vehicle in the pro- hibited parking area, for the limited purpose of storing and retrieving the weapon from the vehicle’s trunk, provided the person ensures the firearm is unloaded before exiting the vehicle.

Because of the language concern- ing prohibited areas, and a failure to adequately address a private employ- er’s property rights, it can be expect- ed that there will be litigation over the extent to which an employer may prohibit firearms in areas adja- cent to the physical establishment where it conducts business, such as parking lots. Given the tension between the presumption of lawful carry when no sign prohibiting carry is posted, and given the statutory language allowing concealed carry in parking lots, future litigation will focus on the extent to which employers may prohibit employees from concealed carry in the employ- er’s parking area, and whether there has been adequate posting.

A prudent employer will have a written policy, either stand alone or in an employee handbook, which applies to visitors and employees, stating its policy with regard to weapons on its property, including its parking lot, and other areas that it controls. For those employers who wish to prohibit concealed weapons on its property, it should clearly specify where concealed carry is prohibited, and post conspicuously in those areas where the prohibition applies, including parking areas. Other employers may be more gun friendly, allowing concealed carry in its physical buildings, and/or in the parking lots.