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13 concealed carry report

A Citizen’s Guide to Illinois’ Right to Carry LawSENATE REPUBLICAN CAUCUS


A Citizen’s Guide to Illinois’ Right to Carry LawSenate Republican CaucusTable of ContentsKey Definitions..................................................................................................................................3Rules................................................................................................................................................3Shall Issue/May Issue.....................................................................................................................3License Requirements....................................................................................................................3“Early” Conceal Carry..................................................................................................................3License.............................................................................................................................................4Fees..................................................................................................................................................4Qualifications.................................................................................................................................4Training..........................................................................................................................................4Instructors......................................................................................................................................5Database of Applicants....................................................................................................................5Applications....................................................................................................................................6Mental Health Provisions..............................................................................................................6Non-Residents.................................................................................................................................7Objections.......................................................................................................................................7Licensing Review Board..............................................................................................................7Open Meetings Act/Freedom of Information Act.....................................................................7Appeals............................................................................................................................................8Prohibited Areas..............................................................................................................................8Bar Owners/Operators..................................................................................................................9Private Property.............................................................................................................................9Signage............................................................................................................................................9Vehicles...........................................................................................................................................9Notice to Police...............................................................................................................................9Violations/Penalties........................................................................................................................9Preemption......................................................................................................................................9Consolidation..............................................................................................................................102


A Citizen’s Guide to Illinois’ Right to Carry LawSenate Republican CaucusIllinois Firearm Concealed Carry ActIllinois Senate Republican Caucushttp://senategop.state.il.us/Key DefinitionsConcealed Firearm: A loaded or unloadedhandgun carried on or about a personcompletely or mostly concealed from viewof the public or on or about a person within avehicle. No “open carry.”Handgun: Any device which is designed toexpel a projectile or projectiles by the actionof an explosion, expansion of gas, or escape ofgas that is designed to be held and fired by theuse of a single hand.Handgun does not include:• A stun gun or taser• A machine gun• A short barreled rifle or shotgun• Any pneumatic gun, spring gun,paint ball gun or B-B gun that expelsa single globular projectile notexceeding .18 inch in diameter, orwhich has a maximum muzzle velocityof less than 700 feet per second, orwhich expels breakable paint ballscontaining washable marking colors.RulemakingDepartment of State Police granted authorityto adopt rules to implement the Act.Illinois is a “shall issue” stateThe Department of State Police shall issuea license to carry a concealed firearm toapplicants.Applicants:• Must meet qualifications• Must provide an application anddocumentation required under the Act• Must pay the required fees• Cannot pose a danger to himself,herself or others, or a threat to publicsafety as determined by the ConcealedCarry Licensing Review Board.Exceptions to Requirement for aLicense:• When on your own property, home orplace of business. When invited ontothe land or into the home of anotherperson and the owner has grantedpermission to carry;• When authorized under Section 24-2of the Criminal Code (which generallycovers police, military, prison guardsand security guards licensed to carry afirearm);• When the handgun is broken downin a non-functioning state, is notimmediately accessible, or is unloadedand enclosed in a case.“Early” Concealed Carry can Resultin ArrestCitizens cannot lawfully carry concealedweapons without a valid Illinois ConcealedCarry License.The State Police will enforce the law, whichmeans that citizens who carry firearms withoutan Illinois Concealed Carry License aresubject to arrest.3


A Citizen’s Guide to Illinois’ Right to Carry LawLicenseLicense valid for five years.License allows persons to carry a loaded orunloaded firearm, fully concealed or partiallyconcealed, on or about his or her person. Alsoallows the license holder to keep or carry aloaded or unloaded concealed firearm on orabout his or her person within a vehicle.Renewals valid for five years. Three hours oftraining required.Lost licenses – must notify the State Policewithin 10 days of discovering that the licensehas been lost, destroyed or stolen.Change of Address – must notify the StatePolice within 30 days of a change of addressor change of name.Fees (Funds)$150 application fee• $120 to the State Police FirearmServices Fund;• $20 to the Mental Health ReportingFund; and• $10 to the State Crime LaboratoryFund.$300 for non-residentsReplacement license, change of address orchange of name: $75State Police Firearm Services Fund used tocover the cost of administering and enforcingConcealed Carry and FOID card laws.Mental Health Reporting Fund used to coverthe cost of collecting and reporting mentalhealth dataSenate Republican CaucusQualificationsMust be at least age 21.Must have a valid FOID Card or qualify forreceiving a FOID Card.Cannot be prohibited under the FOID Act orfederal law, from possessing or receiving afirearm.Has completed the firearms training andeducation requirements.Has not been found guilty of:• A misdemeanor involving the threat offorce or violence to anyone within fiveyears of the application;• Two or more offenses involvingdriving under the influence of drugsor alcohol within five years of theapplication;• Is not the subject of a pending arrestwarrant, prosecution or proceeding forany offense that would disqualify theapplicant;• Has not been in any residentialor court-ordered alcohol or drugtreatmentprogram within five years.TrainingIn September the Department of State Policebegan approval of training courses andinstructors.Sixteen hours of training covering:• Firearm safety;• Principles of marksmanship;• Care, cleaning, loading and unloadingof a concealable firearm;• Applicable state and federal lawsrelating to ownership, storage, carryand transport of a firearm;• Appropriate interaction with lawenforcement while carrying aconcealed firearm.4


A Citizen’s Guide to Illinois’ Right to Carry LawProof of passing a live fire exercise includinga minimum of 30 rounds, with 10 rounds fromfive yards; 10 rounds from seven yards and 10rounds from 10 yards, using a B-27 silhouettetarget approved by the State Police. (Must hitthe target with 70% of the rounds fired);Renewals require a three hour training course;Instructors must maintain records of eachstudent’s performance for five years;Up to eight hours of previous training can berecognized toward the 16-hours if the trainingis approved by the State Police and recognizedby another state.Remaining eight hours of training must stillcover the above topics and the above rangeexercises;Exemption for active law enforcement,certified firearms instructors and those holdinga firearm control card issued by the Dept. ofFinancial and Professional Regulation;Active, retired or honorable dischargedmilitary receive credit for eight hours oftraining.InstructorsApproval process began September 7.Within the first month more than 860instructor applications had been approved.The process is ongoing and there is no limitor restriction on the number of instructorsthat may be approved. A list of approvedinstructors is available on the Illinois StatePolice website:www.isp.state.il.us/firearms/ccw/All instructors must use an approvedtraining curriculum. Beginning Sept. 30,Senate Republican Caucusthe Illinois State Police began posting a listof approved curricula. The list is availableat: http://www.isp.state.il.us/firearms/ccw/CCWApprovedCurriculum.pdfMust be at least 21 years of ageA Legal resident of the United States andqualified for a Concealed Carry License inIllinois.Have a high school diploma or GEDcertificate.Have at least one of the following validfirearms instructor certifications:• Certification from a law enforcementagency• Certification from a firearm instructorcourse offered by a state or federalgovernmental agency• Certification from a firearm instructorcourse offered by the Illinois LawEnforcement Training and StandardsBoard• Certification from an entity approvedby the Illinois State Police thatoffers firearm instructor educationand training in the use and safety offirearmsThe State Police will post information aboutthe rule making process for instructors as theinformation becomes availableDatabase of ApplicantsThe Department of State Police will maintaina database of all license applicants and licenseholders. The database is to be shared withother law enforcement and judicial authorities.Database must be operational within 180 daysof July 9.5


A Citizen’s Guide to Illinois’ Right to Carry LawApplicationsApplications must be made availablebeginning Jan. 5, 2014 (180 days after the billbecame law)State Police plan to make applicationsavailable on their web site.Department of State Police has 90 days afteran application is received to either issue thepermit or deny a permit to the applicant.Anyone denied a permit, must receive noticestating the grounds for denial. Anyonedenied a permit has a right to appeal throughadministrative and judicial review.The permit must be carried on the person atall times if the licensee is carrying a concealedfirearm.Application will require name, address, birthdate and year, place of birth, height, weight,hair color, eye color, maiden name or anyother name the applicant has used or maybe identified with, any address where theapplicant lived for more than 30 days over thepast 10 years.Applicants must provide driver’s License orstate ID card number.Applicants must waive all confidentialityrights that might prevent the Department ofState Police from obtaining information fromjuvenile court, criminal court, psychologicalor psychiatric records or any other recordsrelating to any institutionalization of theapplicant.Applicants must certify they have not beenfound guilty of any felony or any disqualifyingmisdemeanor (Threat of violence or two ormore drug or alcohol-related driving offenses).Senate Republican CaucusApplicants must disclose if they have failed adrug test within the previous year.Applicants must provide a full set offingerprints. Alternatively, the Department ofState Police will be granted an additional 30days (120 days total) to review the application.State Police may charge an additional fee toprocess applications that include fingerprints.A head and shoulders color photograph takenwithin 30 days before the license application.(Size to be specified by the Dept. of StatePolice)A copy of any certificate or other evidence ofcompletion of training.Mental Health ProvisionsClarifies duties of health professionals, courts,school personnel, law enforcement, DHS,and ISP to identify and report informationregarding disqualifying mental healthconditions, orders of protection, and otherfirearm prohibitions.Requires the principal of a public elementaryor secondary school, or his or her designee,and the chief administrative officer of aprivate elementary or secondary school or apublic or private community college, college,or university, or his or her designee, to reportto theDepartment of Human Services when astudent is determined to pose a clear andpresent danger to himself, herself, or to otherswithin 24 hours of the determination.Requires that the Department of State Policebe notified no later than 7 days after entry ofa court order for an adjudication as a mentallydisabled or disabled person.Immediate notice (24 hours) to State Police6


A Citizen’s Guide to Illinois’ Right to Carry Lawand Department of Human Resources of adevelopmental disability or clear and presentdanger determination that would disqualify aperson from a Firearm Owner’s Identification.Firearms in the possession of the person mustbe delivered to a person with a valid FirearmOwner’s Identification Card for safekeeping.The adjudicated person shall also be orderedto surrender his or her Firearm Owner’sIdentification Card.Defines “addicted to narcotics” for purposesof disqualifying a person for a FirearmOwner’s Identification Card.Non-ResidentsNo reciprocity: Out of state licenses not valid.Non-Residents may apply for an Illinoislicense. Must meet essentially the samerequirements as an Illinois applicant.Non Residents are allowed to transport aconcealed firearm within their vehicle withouta permit, provided they have a valid out-ofstatepermit. If the vehicle is left unattended,the firearm must either be in a lockedcontainer or the vehicle must be locked.ObjectionsLaw enforcement agencies have 30 daysafter the information has been entered intothe database to object to an application. TheState Police have 10 days after completing abackground check to submit any objections tothe Concealed Carry Licensing Review Board.Sate Police are required to issue an objectionfor any applicant with five or more arrests forany reason over the past seven years or forany applicant with three or more arrests withinseven years for any combination of gangrelatedoffenses.Senate Republican CaucusLicensing Review BoardSeven members appointed by Governor,confirmed by the Illinois Senate. No morethan four can be of one political party. Threefrom the first judicial district (Cook County)four from the remaining judicial districts.(Same as the Illinois Supreme Court).One commissioner must have been a federaljudge, two commissioners must have beenattorneys with the U.S. Dept. of Justice. Threecommissioners must have been federal agentsor employees with investigative experiencein the Dept. of Justice, Drug EnforcementAdministration, Dept. of Homeland Securityor Federal Bureau of Investigation. Onecommissioner must be a physician orpsychologist with expertise in mental illness.Decisions made by a majority vote.Commission has 30 days to act, withexceptions.Application denied if a preponderance ofevidence shows the applicant poses a threat tohimself or herself or to others or is a threat topublic safety.Meeting are confidential – not subject to openmeetings act or to Freedom of InformationAct.Monthly reports to the Governor and GeneralAssembly on the number of objectionsreceived and details of denials, but noidentifying information about the applicants.Open Meetings Act/Freedom ofInformation ActOpen Meetings Act amended to exemptmeetings of the Concealed Carry LicensingReview Board;7


A Citizen’s Guide to Illinois’ Right to Carry LawFreedom of Information Act amendedto shield identities of persons granted aconcealed carry license.Appeals for a Denied LicenseDenials can be appealed to the ConcealedCarry Licensing Review Board.Actions of the Concealed Carry LicensingReview Board are subject to judicial review.The appeal must be made to the circuit courtof the county where the applicant lives.Prohibited AreasThe following areas will prohibit the carryingof a concealed weapon:• Schools, including elementary,secondary, and pre-schools and childcare facilities (Operators of a childcare facility may possess a firearm, butmust keep it in a locked container anytime a child is present in the home)• State property, including the executive,legislative and judicial branches(except designated hunting areas orbuildings where firearms are permittedby the Dept. of Natural Resources)• Local Government buildings• Adult or juvenile detention centers,priors, jails or other correctionalinstitutions• Hospitals, mental health facilities andnursing homes• Buses, trains and other forms of publictransportation, as well as buildings,property or parking lots under thecontrol of a public transportationfacility• Bars (defined as any establishment thatserves alcohol, if more than 50% ofSenate Republican Caucusits gross receipts are from the sale ofalcohol)• Public gatherings and special eventson property open to the public thatrequires a permit issued by a unit oflocal government (street fairs, “tasteof” events, festivals, etc.)• Any building or property issued aSpecial Event Retailers License for thesale of alcohol• Any public playground• Parks, athletic fields under the controlof a city or park district (does notinclude a trail or bike path, if onlya portion of the trail or bike pathincludes a public park)• Property under control of the CookCounty Forest Preserve District• Public and private universities andcolleges and community colleges,including classrooms, athletic venues,hospitals, laboratories, performancehalls and galleries, as well as parkingareas, sidewalks and common areas• Gaming facilities, horse racing tracksand off-track betting parlors• College and professional sportsfacilities• Libraries• Airports• Amusement parks• Zoos and museums• Nuclear power plants or other facilitiesregulated by the Nuclear RegulatoryCommission (no vehicle “safe haven”)• Any area where firearms are prohibitedby federal law (no vehicle “safehaven”)Additional Provisions for Colleges,Community Colleges and Universities:• May prohibit persons from carryingfirearms within any vehicle owned orcontrolled by the college or university;8


A Citizen’s Guide to Illinois’ Right to Carry Law• May establish their own policiesinvolving discipline;• May establish their own policiesregarding designated areas for parkingvehicles that carry firearms;• May permit carrying and use offirearms for recognized programs, suchas a shooting club, firearm instruction,military science and law enforcementtraining.(In almost all cases, the prohibitions includeparking lots and other property under controlof the entity):Bar Owners/OperatorsFine of up to $5,000 for allowing concealedfirearms in bars and restaurants where morethan 50% of gross receipts comes fromalcohol sales.Private PropertyAny owner of private property may prohibitconcealed carry by posting a sign indicatingthat firearms are prohibited;Homeowners are not required to post suchsigns in order to prohibit persons fromcarrying a concealed firearm on their property.SignageSigns stating that the carrying of firearms isprohibited must to conspicuously posted atentrances (unless a private residence);Signs must be a uniform design establishedby the Dept. of State Police and must be 4 x 6inches.Vehicles Are a Safe HavenAnyone carrying a concealed firearm onto aparking area may store the firearm in a caseSenate Republican Caucusthat is locked in the vehicle or in a lockedcase in the vehicle. Persons are permitted tostep out of their vehicle in order to lock theweapon in a trunk or retrieve it when leavingthe area.The “Safe Haven” provisions do not apply tonuclear power plants or facilities. They alsodo not apply to any area where firearms areprohibited by federal law.Notice to PoliceWhen stopped by a police officer, including trafficstops, the licensee must disclose to the officer thathe or she is in possession of a concealed firearm,present the license to the officer upon his or herrequest and disclose the location of the firearm.Violations/PenaltiesRevoked if licensee no longer meets FOIDCard eligibility;Revoked if an order of protection is issued;Class A misdemeanor for carrying under theinfluence, first or second violation;Class 4 felony for third violation;Violation of the Act is a Class B misdemeanor(first offense). Class A for second orsubsequent offense. License suspended for sixmonths for a second offense and permanentlyrevoked for three or more violations;All violations require a $150 fee to the MentalHealth Reporting Fund, plus any other courtcosts or fees;License must be surrendered within 48 hours;PreemptionState assumes all power over regulation,licensing, possession, registration andtransportation of handguns and ammunition.Invalidates any existing local regulations onhandguns and the transport of any firearm orammunition.9


A Citizen’s Guide to Illinois’ Right to Carry LawMunicipalities and other local units ofgovernment cannot regulate or restrict assaultweapons unless adopted before July 19, 2013(10 days after the Act became law)Senate Republican CaucusConsolidationTask force formed to study the merger ofFOID cards and concealed carry licensesinto a designation that can be included on anindividual’s driver’s license or state ID card;Report due by March 1, 2014.10

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