104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5150

 

Introduced , by Rep. John M. Cabello

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 66/43 new

    Amends the Firearm Concealed Carry Act. Prohibits an employer from discharging, disciplining, penalizing, discriminating against, or refusing to hire an employee or applicant solely on the basis that the employee or applicant exercised his or her right under the Act to lawfully store a concealed firearm in the employee's vehicle in the employer's parking lot. Provides that an employer, its officers, employees, and agents are immune from civil liability for any claim arising out of, or in any way related to, the mere presence of a lawfully stored firearm in an employee's vehicle in the employer's parking lot, including, but not limited to, claims for damages resulting from theft, discharge, or misuse of the firearm by a third party, unless the claim is based on the employer's own willful or wanton misconduct or gross negligence independent of the lawful storage protected by the Act. Allows a person aggrieved by a violation of these provisions to bring a civil action in circuit court within 2 years after the date of the alleged violation. Describes the relief that is available in such an action.


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A BILL FOR

 

HB5150LRB104 17968 WRO 31405 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Firearm Concealed Carry Act is amended by
5adding Section 43 as follows:
 
6    (430 ILCS 66/43 new)
7    Sec. 43. Employment protections; vehicle storage; employer
8immunity.
9    (a) As used in this Section:
10        "Employee" means any individual employed by an
11    employer, including a prospective employee.
12        "Employer" means any person, partnership, association,
13    corporation, limited liability company, or other legal
14    entity that employs one or more individuals, including an
15    agent of such entity.
16        "Lawful storage" means storage of a firearm by an
17    employee who may lawfully possess the firearm, where the
18    firearm (and any ammunition) is maintained in the
19    employee's vehicle in compliance with this Act, locked out
20    of plain view in the vehicle or in a locked container
21    within the vehicle, while the vehicle is parked in the
22    employer's parking lot.
23        "Parking lot" means any property or area provided by

 

 

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1    an employer for employee or visitor motor vehicle parking,
2    whether owned, leased, or controlled by the employer,
3    including any adjacent driveways or other areas intended
4    to permit vehicle access to such lot.
5        "Vehicle" means a motor vehicle that is lawfully
6    possessed or operated by the employee.
7    (b) Notwithstanding any other provision of law, an
8employer shall not discharge, discipline, penalize,
9discriminate against, or refuse to hire an employee or
10applicant solely on the basis that the employee or applicant
11exercises his or her right under this Act to lawfully store a
12concealed firearm in the employee's vehicle in the employer's
13parking lot under subsection (b) of Section 65 of this Act.
14    (c) The prohibition in subsection (b) of this Section
15applies only if:
16        (1) the employee or applicant lawfully possesses the
17    firearm under State and federal law, including compliance
18    with any licensing requirements of this Act;
19        (2) the firearm and any ammunition are stored out of
20    plain view in the employee's vehicle or in a locked
21    container within the vehicle; and
22        (3) the vehicle is legally parked in the employer's
23    parking lot.
24    (d) Nothing in this Section:
25        (1) prohibits an employer from maintaining and
26    enforcing policies that restrict firearms within

 

 

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1    buildings, facilities, or other areas where firearms are
2    prohibited under Section 65 of this Act or under federal
3    law;
4        (2) prohibits an employer from restricting or
5    prohibiting firearms in employer-owned or employer-leased
6    vehicles provided to an employee for the employee's work
7    duties;
8        (3) limits an employer's ability to take adverse
9    action against an employee who, other than lawful storage
10    under subsection (c), uses, handles, brandishes, displays,
11    or otherwise possesses a firearm in violation of law or
12    employer policy on the employer's premises; or
13        (4) requires an employer to inquire into, monitor, or
14    investigate the presence of a firearm in an employee's
15    vehicle.
16    (e) An employer, its officers, employees, and agents are
17immune from civil liability for any claim arising out of, or in
18any way related to, the mere presence of a lawfully stored
19firearm in an employee's vehicle in the employer's parking
20lot, including, but not limited to, claims for damages
21resulting from theft, discharge, or misuse of the firearm by a
22third party, unless the claim is based on the employer's own
23willful or wanton misconduct or gross negligence independent
24of the lawful storage protected by this Section.
25    (f) A person aggrieved by a violation of subsection (b) of
26this Section may bring a civil action in circuit court.

 

 

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1Available relief includes: reinstatement; back pay and front
2pay; restoration of benefits; expungement of any adverse
3employment record related to the violation; injunctive or
4declaratory relief; and reasonable attorney's fees and costs
5to a prevailing plaintiff. An action under this subsection
6shall be commenced within 2 years after the date of the alleged
7violation.