Illinois Rules on Firearms in Medical Facilities

We have received questions from many of our clients about how to properly respond when patients and visitors bring guns into their offices. Here are some facts you need to know in grappling with this complex issue. (This discussion deals with Illinois law; firearm regulations vary greatly from state to state.)

The Firearm Concealed Carry Act was passed in 2013, and allows a licensee to carry a loaded or unloaded firearm on his/her person or in a vehicle. However, the Act specifies several prohibited areas where it is illegal for a licensee to knowingly carry a firearm. The list includes medical clinics, hospitals and laboratories. Signage must be clearly and conspicuously posted at the entrance of a facility where concealed carry is prohibited. The required sign must be at least 4 x 6 inches. The Illinois State Police has developed standardized signage, available on their website at https://www.ispfsb.com/Public/Signage.aspx.

The Act specifies that when a licensee is prohibited from bringing a firearm into a prohibited area, the person is allowed to store it in their vehicle in a parking facility, provided that it is stored inside a case, not in plain view, and the vehicle is locked. This parking lot exception does not apply to federal property.

When law enforcement officials are on duty, they may carry a weapon as part of their official duties, not as a personal right under the Concealed Carry Act. An officer who is off duty coming to a facility as a patient or visitor would be subject to the same restrictions as any other person.

Clinics should make sure that the required sign is prominently posted at the entrance. If a patient or visitor brings a weapon onto the premises, staff can point out the sign. Of course, front line staff should not be put in danger themselves and may need the assistance of security or law enforcement if the patient or visitor does not comply. If a patient repeatedly violates the law by bringing a weapon onto the premises, it would be appropriate to terminate the patient relationship.

For further information contact us.