Concealed Carry Issues in Commercial Leasing

Despite the political fireworks that preceded its enactment, the core elements of the Illinois Act ' prohibitions and permissions, licensure requirements and exemptions ' are relatively noncontroversial. But when superimposed upon the landlord-tenant relationship, the Illinois Act may give rise to more questions than answers with respect to liability arising from persons carrying concealed weapons. For instance, the Illinois Act does not address the rights of tenants, if any, to enforce its terms against persons within leased premises. Illinois landlords should not only be aware of the basic rights afforded them under the Illinois Act, but also of the issues raised regarding the rights of other occupants of their properties.

Section 65(a-10) of the Illinois Act provides that an “owner of private real property of any type” is authorized to prohibit the carrying of concealed weapons on property “under his or her control.” 430 ILCS 66/65(a-10). The term “owner” is not defined under the statute, an omission that puts into question whether tenants of real property are entitled to enforce any rights under the Illinois Act. However, some industry groups have suggested that the rights of the owner may be inferred as applying to tenants as well, due to the fact that the lease confers upon the tenant control of the premises in question. If such an inference is valid, then it may follow that a property owner concedes its right to enforce Section 65(a-10) in areas of the property that are subject to leases, as “control” of those areas has been surrendered to the applicable tenant. In any event, the Illinois State Police have advised that the Illinois Act does not prohibit a property owner from designating to its tenant through an express lease provision the right to prohibit concealed firearms in the premises.