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The Firearm Concealed Carry Act (430 ILCS 66(1), better known as the Concealed Carry Act (the “Act”), recently went into effect in Illinois. Subject to certain limitations, the Act allows a person to obtain a license to carry a concealed firearm, defined as a handgun, on or about his person.
Section 65 of the Act lists 23 separate “prohibited areas” where concealed firearms may not be carried on or into, including, for example, any school, any courthouse, any building under the control of a unit of local government (i.e., village hall, park district recreation center, library), any prison or jail and any hospital. With regard to condominium and homeowners associations, it is important to note that Section 65 (a-10) specifically provides that:
(a-10) The owner of private real property of any type may prohibit the carrying of concealed firearms on the property under his or her control. The owner must post a sign in accordance with subsection (d) of this Section indicating that firearms are prohibited on the property, unless the property is a private residence.
(b) Notwithstanding subsections (a), (a-5), and (a-10) of this Section except under paragraph (22) or (23) of subsection (a), any licensee prohibited from carrying a concealed firearm into the parking area of a prohibited location specified in subsection (a), (a-5) or (a-10) of this Section shall be permitted to carry a concealed firearm on or about his or her person within a vehicle into the parking area and may store a firearm or ammunition concealed in a case within a locked vehicle or locked container out of plain view within the vehicle in the parking area. A licensee may carry a concealed firearm in the immediate area surrounding his or her vehicle within a prohibited parking lot area only for the limited purpose of storing or retrieving a firearm within the vehicle’s trunk, provided the licensee ensures the concealed firearm is unloaded prior to exiting the vehicle. For purposes of this subsection, “case” includes a glove compartment or console that completely encloses the concealed firearm or ammunition, the trunk of the vehicle, or a firearm carrying box, shipping box, or other container.
(c) A licensee shall not be in violation of this Section while he or she is traveling along a public right of way that touches or crosses any of the premises under subsection (a), (a-5), or (a-10) of this Section if the concealed firearm is carried on his or her person in accordance with the provisions of this Act or is being transported in a vehicle by the licensee in accordance with all other applicable provisions of law.
(d) Signs stating that the carrying of firearms is prohibited shall be clearly and conspicuously posted at the entrance of a building, premises, or real property specified in this Section as a prohibited area, unless the building or premises is a private residence. Signs shall be of a uniform design as established by the Department and shall be 4 inches by 6 inches in size. The Department shall adopt rules for standardized signs to be used under this subsection. (Source: P.A. 98-63, eff. 7-9-13.)
The Act states that “the owners of private real property of any type may prohibit the carrying of concealed firearms on the property under his or her control.” While it appears that the owner of private real property, in this case the board of directors/managers, could prohibit the carrying of concealed firearms on the condominium/homeowners association property, it would be difficult to enforce such a rule. Moreover, the courts have not yet opined on such a rule. The legality of prohibiting the carrying of concealed weapons on association property appears questionable, especially where Section (b) above allows the carrying of a concealed firearm in the parking area.