2023 Illinois Compiled Statutes › Chapter 225 - PROFESSIONS, OCCUPATIONS, AND BUSINESS OPERATIONS › 225 ILCS 210/ - Illinois Explosives Act. › Article 2 - Licenses

(225 ILCS 210/Art. 2 heading)
ARTICLE 2.  
		LICENSES
(225 ILCS 210/2000) (from Ch. 96 1/2, par. 1-2000)
Sec. 2000. Scope; exemptions.
(a) The license requirements of this Article apply to all
explosive materials unless otherwise excepted under  this Section or Section 1005 of this Act.
(b) This Article does not apply to the purchase, receipt, possession, or use of black powder solely for sporting, recreational, or cultural purposes by an individual for his or her own use or for his or her immediate family living in the same household.   This includes components for use in muzzle loading firearms and other antique devices and hand loading, reloading, or custom loading fixed ammunition.
(c) A person is not required to have a license under this Article for the acquisition, possession, use, transfer, or disposal of  explosive materials in connection with mine, quarry, construction, manufacturing, or wholesale or retail explosive materials operations if (1) the person holds a storage certificate under Article 3 of this Act and (2) the acquisition, possession, use, transfer, or disposal of the explosive materials is limited to the purpose authorized by his or her storage certificate.
In addition to the person who holds the storage certificate, this exemption shall also apply to any employee, contractor, or other authorized individual if he or she is under the direct supervision of an individual who is either licensed under this Act, licensed for blasting operations or use of explosives in aggregate mining operations under the Surface-Mined Land Conservation and Reclamation Act, certified for blasting or use of explosives in mining operations under the Surface Coal Mining Land Conservation and Reclamation Act, or certified as a shot firer under the Coal Mining Act. Direct supervision requires the supervising individual to be physically present at all times during the use or disposal of the explosive materials.
(Source: P.A. 96-1194, eff. 1-1-11.)
(225 ILCS 210/2001) (from Ch. 96 1/2, par. 1-2001)
Sec. 2001. Unlicensed activity; non-residents. No person shall acquire, possess, use, transfer, or dispose of explosive
materials unless licensed by the Department except as provided under Section 1005 or 2000 of
 this Act and the Pyrotechnic Distributor and
Operator Licensing Act.
(Source: P.A. 96-1194, eff. 1-1-11.)
(225 ILCS 210/2002) (from Ch. 96 1/2, par. 1-2002)
Sec. 2002. Original individual license; Application; Fees. Applications by individuals for original licenses shall be made to the
Department, in writing, on forms prescribed by the Department.  The application
shall be accompanied by the required fee, which is not refundable.
All license application fees collected under this provision of this Act shall
be deposited into the Explosives Regulatory Fund.
The application shall require such information as in the judgment of
the Department will enable the Department to pass on the qualifications of
the applicant for a license.  It shall include, but need not be limited to,
information concerning age, full name of applicant, present residence, date
of birth, sex, physical description, drivers
license number, and the purpose for which and the place or places where the
explosive materials are to be used or possessed.  Each applicant shall file,
with his application, fingerprint based data,  or other state of the art criminal identification data, in the form and manner required by
the Illinois State Police to enable the Illinois State Police to
conduct criminal history checks on the applicant.
(Source: P.A. 96-1194, eff. 1-1-11; 97-400, eff. 1-1-12.)
(225 ILCS 210/2003) (from Ch. 96 1/2, par. 1-2003)
Sec. 2003. Criminal history background fees; law enforcement exemption. Each applicant for a license shall
submit, in addition to the license fee, a fee specified by the Illinois State Police for processing fingerprint based data, or other state of the art criminal identification data, which may be made payable
to the State Police Services Fund and shall be remitted to the Illinois
 State Police for deposit into that fund. Law enforcement personnel who apply for an explosives license  in order to carry out  their official functions  may be exempted from the criminal history background requirement provided the law enforcement agency submits documentation that  the applicant has previously been subjected to a criminal history background check.
(Source: P.A. 96-1194, eff. 1-1-11.)
(225 ILCS 210/2004) (from Ch. 96 1/2, par. 1-2004)
Sec. 2004. Investigation; Examination of applicant. Upon receipt of an
application, the Department shall investigate the eligibility of the
applicant.  The Department has authority to request and receive from any
federal, state or local governmental agency such information and assistance
as will enable the Department to carry out its powers and duties under this Act.  The Illinois
 State Police shall cause the fingerprint based data or other state of the art criminal identification data of each applicant
to be compared with the fingerprint based data or other state of the art criminal identification data of criminals now or hereafter filed with
the Illinois State Police and with federal law enforcement agencies
maintaining official criminal identification files.  The investigation shall include,
but is not limited to, an oral examination and a written examination as to the
applicant's knowledge and ability regarding basic safety, possession,
handling, use, storage, disposal and transportation of explosives. Passage
of these examinations is prerequisite to being considered for license
issuance. Such
examinations may be administered by any person designated by the Department.
(Source: P.A. 96-1194, eff. 1-1-11.)
(225 ILCS 210/2005) (from Ch. 96 1/2, par. 1-2005)
Sec. 2005. Qualifications for licensure.
(a) No person shall qualify to hold a license who:
(1) is under 21 years of age;
(2) has been convicted in any court of a crime     punishable by imprisonment for a term  exceeding one year;
(3) is under indictment for a crime punishable by     imprisonment for a term exceeding one year;
(4) is a fugitive from justice;
(5) is an unlawful user of or addicted to any     controlled substance as defined in Section 102  of the federal Controlled Substances Act (21 U.S.C. Sec. 802 et seq.);
(6) has been adjudicated a person with a mental     disability as defined in Section 1.1 of the Firearm Owners Identification Card Act; or
(7)       is not a legal citizen of the United States     or lawfully admitted for permanent residence.
(b) A person who has been granted a "relief from disabilities" regarding criminal convictions and indictments, pursuant to the federal Safe Explosives Act (18 U.S.C. Sec. 845) may receive a license provided all other qualifications under this Act are met.
(Source: P.A. 101-541, eff. 8-23-19.)
(225 ILCS 210/2006) (from Ch. 96 1/2, par. 1-2006)
Sec. 2006. 
		Renewal. 
		Applications for renewal
licenses shall be made to the Department in  writing on forms
prescribed by the Department and shall contain such information as will enable
the Department to determine if the applicant is qualified to  continue to
hold a license and shall be accompanied by the required fee.
All fees collected under this Section shall be deposited into
the Explosives Regulatory Fund.
(Source: P.A. 88-599, eff. 9-1-94.)
(225 ILCS 210/2007) (from Ch. 96 1/2, par. 1-2007)
Sec. 2007. Fee; Exemptions. Agencies of the United States, the State
and its political and civil subdivisions which are subject to the
requirements of this Act, and which, in the exercise of their emergency response functions,
are required to store, acquire, possess, use, transfer, or dispose of explosive materials shall not be
liable for the payment of any fee required by this Act.
(Source: P.A. 96-1194, eff. 1-1-11.)
(225 ILCS 210/2008) (from Ch. 96 1/2, par. 1-2008)
Sec. 2008. Issuance of license and renewals; notification of law enforcement officers. The Department shall
issue the appropriate license or renewal where the applicant
satisfactorily meets the requirements of this Act and no grounds for
refusal, revocation, or suspension exist. Within 10 days after
the issuance of an original, replacement, or renewed license, the Department
shall notify the appropriate law enforcement officer of the municipality or
county where the explosive materials are to be used or  possessed,
and provide such officer with any other information pertaining thereto as
the Director may prescribe.
(Source: P.A. 96-1194, eff. 1-1-11.)
(225 ILCS 210/2009) (from Ch. 96 1/2, par. 1-2009)
Sec. 2009. 
		Display of Licenses; Prohibitions; Duplicates.
(a) The license issued under this Act shall be carried on the person at all
times when the licensee is purchasing, possessing, using or transferring
explosive materials.
(b) No person shall allow his license to be photocopied or reproduced in
any manner, except as the Department may provide by rule.
(c) If a license is lost or destroyed, a replacement shall be
issued and the original license voided upon satisfactory proof to the
Department of such loss or destruction and payment of the required fee.
All fees collected under this provision of this Act shall be deposited into
the Explosives Regulatory Fund.
(Source: P.A. 88-599, eff. 9-1-94.)
(225 ILCS 210/2010) (from Ch. 96 1/2, par. 1-2010)
Sec. 2010. 
		Licenses not transferable. 
		Licenses issued under this Act
are not transferable.
(Source: P.A. 86-364.)
(225 ILCS 210/2011) (from Ch. 96 1/2, par. 1-2011)
Sec. 2011. Enforcement action; licenses.
(a) Failure to satisfy the age or examination requirements of Sections
2004 and 2005(1) shall result in automatic license denial.
(b) Subject to the provisions of Sections 5003 through 5005 of this Act, the
Department may suspend, revoke, or refuse to issue or renew a license and may take any other
disciplinary action that the Department may deem proper, including the imposition
of fines not to exceed $5,000 for each occurrence, if the applicant or licensee
fails to comply with or satisfy the requirements of any provision of this Act
and for any of the following reasons:
(1) Failure to meet or maintain the qualifications     for licensure set forth in Section 2005.
(2) Willful disregard or violation of this Act or its     rules.
(3) Willfully aiding or abetting another in the     violation of this Act or its rules.
(4) Allowing a license issued under this Act to be     used by an unlicensed person.
(5) Possession, use, acquisition, transfer, handling,     disposal, or storage of explosive materials in a manner that endangers the public health, safety, or welfare.
(6) Refusal to produce records or reports or permit     any inspection lawfully requested by the Department.
(7) Failure to make, keep, or submit any record or     report required by this Act or its implementing regulations; or making, keeping, or submitting a false record or report.
(8) Material misstatement in the application for an     original or renewal license.
(c) (Blank).
(d) (Blank).
(e) All fines collected under this Section shall be deposited into the
Explosives Regulatory Fund.
(Source: P.A. 96-1194, eff. 1-1-11.)