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1 | AN ACT concerning safety.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Firearm Concealed Carry Act is amended by | |||||||||||||||||||||||||
5 | changing Sections 10, 15, and 87 and by adding Section 12 as | |||||||||||||||||||||||||
6 | follows: | |||||||||||||||||||||||||
7 | (430 ILCS 66/10)
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8 | Sec. 10. Issuance of licenses to carry a concealed firearm. | |||||||||||||||||||||||||
9 | (a) The Department shall issue a license to carry a | |||||||||||||||||||||||||
10 | concealed firearm under this Act to an applicant who: | |||||||||||||||||||||||||
11 | (1) meets the qualifications of Section 25 of this Act; | |||||||||||||||||||||||||
12 | (2) has provided the application and documentation | |||||||||||||||||||||||||
13 | required in Section 30 of this Act; | |||||||||||||||||||||||||
14 | (2.5) has been approved by his or her local law | |||||||||||||||||||||||||
15 | enforcement agency under Section 12 of this Act; | |||||||||||||||||||||||||
16 | (3) has submitted the requisite fees; and | |||||||||||||||||||||||||
17 | (4) does not pose a danger to himself, herself, or | |||||||||||||||||||||||||
18 | others, or a threat to public safety as determined by the | |||||||||||||||||||||||||
19 | Concealed Carry Licensing Review Board in accordance with | |||||||||||||||||||||||||
20 | Section 20. | |||||||||||||||||||||||||
21 | (b) The Department shall issue a renewal, corrected, or | |||||||||||||||||||||||||
22 | duplicate license as provided in this Act. | |||||||||||||||||||||||||
23 | (c) A license shall be valid throughout the State for a |
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1 | period of 5 years from the date of issuance. A license shall | ||||||
2 | permit the licensee to: | ||||||
3 | (1) carry a loaded or unloaded concealed firearm, fully | ||||||
4 | concealed or partially concealed, on or about his or her | ||||||
5 | person; and
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6 | (2) keep or carry a loaded or unloaded concealed | ||||||
7 | firearm on or about his or her person within a vehicle. | ||||||
8 | (d) The Department shall make applications for a license | ||||||
9 | available no later than 180 days after the effective date of | ||||||
10 | this Act. The Department shall establish rules for the | ||||||
11 | availability and submission of applications in accordance with | ||||||
12 | this Act. | ||||||
13 | (e) An application for a license submitted to the | ||||||
14 | Department that contains all the information and materials | ||||||
15 | required by this Act, including the requisite fee and local law | ||||||
16 | enforcement agency approval under Section 12 of this Act , shall | ||||||
17 | be deemed completed. Except as otherwise provided in this Act, | ||||||
18 | no later than 90 days after receipt of a completed application, | ||||||
19 | the Department shall issue or deny the applicant a license. | ||||||
20 | (f) The Department shall deny the applicant a license if | ||||||
21 | the applicant fails to meet the requirements under this Act or | ||||||
22 | the Department receives a determination from the Board that the | ||||||
23 | applicant is ineligible for a license. The Department must | ||||||
24 | notify the applicant stating the grounds for the denial. The | ||||||
25 | notice of denial must inform the applicant of his or her right | ||||||
26 | to an appeal through administrative and judicial review. |
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1 | (g) A licensee shall possess a license at all times the | ||||||
2 | licensee carries a concealed firearm except: | ||||||
3 | (1) when the licensee is carrying or possessing a | ||||||
4 | concealed firearm on his or her land or in his or her | ||||||
5 | abode, legal dwelling, or fixed place of business, or on | ||||||
6 | the land or in the legal dwelling of another person as an | ||||||
7 | invitee with that person's permission; | ||||||
8 | (2) when the person is authorized to carry a firearm | ||||||
9 | under Section 24-2 of the Criminal Code of 2012, except | ||||||
10 | subsection (a-5) of that Section; or | ||||||
11 | (3) when the handgun is broken down in a | ||||||
12 | non-functioning state, is not immediately accessible, or | ||||||
13 | is unloaded and enclosed in a case. | ||||||
14 | (h) If an officer of a law enforcement agency initiates an | ||||||
15 | investigative stop, including but not limited to a traffic | ||||||
16 | stop, of a licensee or a non-resident carrying a concealed | ||||||
17 | firearm under subsection (e) of
Section 40 of this Act, upon | ||||||
18 | the request of the officer the licensee or non-resident shall | ||||||
19 | disclose to the officer that he or she is in possession of a | ||||||
20 | concealed firearm under this Act, or present the license upon | ||||||
21 | the request of the officer if he or she is a licensee or | ||||||
22 | present upon the request of the officer evidence
under | ||||||
23 | paragraph (2) of subsection (e) of Section 40 of this Act that | ||||||
24 | he or she is a non-resident qualified to carry
under that | ||||||
25 | subsection. The disclosure requirement under this subsection | ||||||
26 | (h) is satisfied if the licensee presents his or her license to |
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1 | the officer or the non-resident presents to the officer | ||||||
2 | evidence under paragraph (2) of subsection (e) of Section 40 of | ||||||
3 | this Act that he or she is qualified to carry under that | ||||||
4 | subsection. Upon the request of the officer, the licensee or | ||||||
5 | non-resident shall also identify the location of the concealed | ||||||
6 | firearm and permit the officer to safely secure the firearm for | ||||||
7 | the duration of the investigative stop. During a traffic stop, | ||||||
8 | any
passenger within the vehicle who is a licensee or a | ||||||
9 | non-resident carrying under subsection (e) of
Section 40 of | ||||||
10 | this Act must comply with the requirements of this subsection | ||||||
11 | (h). | ||||||
12 | (h-1) If a licensee carrying a firearm or a non-resident | ||||||
13 | carrying a firearm in a vehicle under subsection (e) of Section | ||||||
14 | 40 of this Act is contacted by a law enforcement officer or | ||||||
15 | emergency
services personnel, the law enforcement officer or | ||||||
16 | emergency services personnel may secure the firearm
or direct | ||||||
17 | that it be secured during the duration of the contact if the | ||||||
18 | law enforcement officer or emergency
services personnel | ||||||
19 | determines that it is necessary for the safety of any person
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20 | present, including the law enforcement officer or emergency | ||||||
21 | services personnel. The licensee or nonresident
shall submit to | ||||||
22 | the order to secure the firearm. When the law enforcement | ||||||
23 | officer or emergency services
personnel have determined that | ||||||
24 | the licensee or non-resident is not a threat to
the safety of | ||||||
25 | any person present, including the law enforcement officer or | ||||||
26 | emergency services personnel, and
if the licensee or |
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1 | non-resident is physically and mentally capable of
possessing | ||||||
2 | the firearm, the law enforcement officer or emergency services | ||||||
3 | personnel shall return the
firearm to the licensee or | ||||||
4 | non-resident before releasing him or her from the
scene and | ||||||
5 | breaking contact. If the licensee or non-resident is | ||||||
6 | transported for
treatment to another location, the firearm | ||||||
7 | shall be turned over to any peace
officer. The peace officer | ||||||
8 | shall provide a receipt which includes the make,
model, | ||||||
9 | caliber, and serial number of the firearm. | ||||||
10 | (i) The Department shall maintain a database of license | ||||||
11 | applicants and licensees. The database shall be available to | ||||||
12 | all federal, State, and local law enforcement agencies, State's | ||||||
13 | Attorneys, the Attorney General, and authorized court | ||||||
14 | personnel. Within 180 days after the effective date of this | ||||||
15 | Act, the database shall be searchable and provide all | ||||||
16 | information included in the application, including the | ||||||
17 | applicant's previous addresses within the 10 years prior to the | ||||||
18 | license application and any information related to violations | ||||||
19 | of this Act. No law enforcement agency, State's Attorney, | ||||||
20 | Attorney General, or member or staff of the judiciary shall | ||||||
21 | provide any information to a requester who is not entitled to | ||||||
22 | it by law. | ||||||
23 | (j) No later than 10 days after receipt of a completed | ||||||
24 | application, the Department shall enter the relevant | ||||||
25 | information about the applicant into the database under | ||||||
26 | subsection (i) of this Section which is accessible by law |
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1 | enforcement agencies.
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2 | (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-29, | ||||||
3 | eff. 7-10-15.) | ||||||
4 | (430 ILCS 66/12 new) | ||||||
5 | Sec. 12. Approval by local law enforcement agency. | ||||||
6 | (a) The Department shall submit an application and the | ||||||
7 | results of its investigation under Section 35 of this Act to: | ||||||
8 | (1) the chief law enforcement officer of the law | ||||||
9 | enforcement agency of the municipality where the applicant | ||||||
10 | resides; | ||||||
11 | (2) the county sheriff of the county where the | ||||||
12 | applicant resides if there is no chief law enforcement | ||||||
13 | officer of the law enforcement agency for the municipality | ||||||
14 | where the applicant resides; or | ||||||
15 | (3) the county sheriff if the applicant resides in an | ||||||
16 | unincorporated area of the county. | ||||||
17 | (b) The chief law enforcement officer or sheriff shall | ||||||
18 | review the application and information submitted by the | ||||||
19 | Department, and may conduct his or her own investigation of the | ||||||
20 | applicant. The chief law enforcement officer or sheriff shall | ||||||
21 | approve the application unless he or she determines the | ||||||
22 | applicant is unsuitable to be issued a license under this Act. | ||||||
23 | A determination of unsuitability shall be based upon: | ||||||
24 | (1) reliable and credible information that the | ||||||
25 | applicant has exhibited or engaged in behavior that |
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1 | suggests that, if issued a license, the applicant may | ||||||
2 | create a risk to public safety; | ||||||
3 | (2) existing factors that suggest that, if issued a | ||||||
4 | license, the applicant may create a risk to public safety; | ||||||
5 | (3) reasonable suspicion that the applicant is a danger | ||||||
6 | to himself or herself or others; or | ||||||
7 | (4) other reasonable cause exists for denial. | ||||||
8 | (c) The chief law enforcement officer or sheriff shall | ||||||
9 | notify the Department of his or approval or denial of the | ||||||
10 | application within 30 days of receipt of the information under | ||||||
11 | subsection (a) of this Section. If the chief law enforcement | ||||||
12 | officer or sheriff fail to notify the Department of his or | ||||||
13 | approval or denial within the 30-day period, the Department | ||||||
14 | shall consider the application approved and completed, and | ||||||
15 | shall process the application in accordance with this Act. | ||||||
16 | (430 ILCS 66/15)
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17 | Sec. 15. Objections by law enforcement agencies. | ||||||
18 | (a) Any law enforcement agency , other than the agency of | ||||||
19 | the chief law enforcement officer or sheriff receiving an | ||||||
20 | application under Section 12 of this Act, may submit an | ||||||
21 | objection to a license applicant under this Section based upon | ||||||
22 | a reasonable suspicion that the applicant is a danger to | ||||||
23 | himself or herself or others, or a threat to public safety. The | ||||||
24 | objection shall be made by the chief law enforcement officer of | ||||||
25 | the law enforcement agency, or his or her designee, and must |
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1 | include any information relevant to the objection. If a law | ||||||
2 | enforcement agency submits an objection under this Section | ||||||
3 | within 30 days after the entry of an applicant into the | ||||||
4 | database, the Department shall submit the objection and all | ||||||
5 | information available to the Board under State and federal law | ||||||
6 | related to the application to the Board within 10 days of | ||||||
7 | completing all necessary background checks. | ||||||
8 | (b) If an applicant has 5 or more arrests for any reason, | ||||||
9 | that have been entered into the Criminal History Records | ||||||
10 | Information (CHRI) System, within the 7 years preceding the | ||||||
11 | date of application for a license, or has 3 or more arrests | ||||||
12 | within the 7 years preceding the date of application for a | ||||||
13 | license for any combination of gang-related offenses, the | ||||||
14 | Department shall object and submit the applicant's arrest | ||||||
15 | record to the extent the Board is allowed to receive that | ||||||
16 | information under State and federal law, the application | ||||||
17 | materials, and any additional information submitted by a law | ||||||
18 | enforcement agency to the Board. For purposes of this | ||||||
19 | subsection, "gang-related offense" is an offense described in | ||||||
20 | Section 12-6.4, Section 24-1.8, Section 25-5, Section 33-4, or | ||||||
21 | Section 33G-4, or in paragraph (1) of subsection (a) of Section | ||||||
22 | 12-6.2, paragraph (2) of subsection (b) of Section 16-30, | ||||||
23 | paragraph (2) of subsection (b) of Section 31-4, or item (iii) | ||||||
24 | of paragraph (1.5) of subsection (i) of Section 48-1 of the | ||||||
25 | Criminal Code of 2012. | ||||||
26 | (c) The referral of an objection under this Section to the |
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1 | Board shall toll the 90-day period for the Department to issue | ||||||
2 | or deny the applicant a license under subsection (e) of Section | ||||||
3 | 10 of this Act, during the period of review and until the Board | ||||||
4 | issues its decision. | ||||||
5 | (d) If no objection is made by a law enforcement agency or | ||||||
6 | the Department under this Section, the Department shall process | ||||||
7 | the application in accordance with this Act.
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8 | (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.) | ||||||
9 | (430 ILCS 66/87)
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10 | Sec. 87. Administrative and judicial review. | ||||||
11 | (a) Whenever an application for a concealed carry license | ||||||
12 | is denied, whenever the Department fails to act on an | ||||||
13 | application
within 90 days of its receipt, or whenever a | ||||||
14 | license is revoked or suspended as provided in this Act, the | ||||||
15 | aggrieved party may
appeal
to the Director for a hearing upon
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16 | the denial, revocation, suspension, or failure to act on the | ||||||
17 | application, unless the denial
was made by the local law | ||||||
18 | enforcement agency under Section 12 of this Act or the | ||||||
19 | Concealed Carry Licensing Review Board, in which case the
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20 | aggrieved party may petition the circuit court in writing in | ||||||
21 | the county of
his or her residence for a hearing upon the | ||||||
22 | denial. | ||||||
23 | (b) All final administrative decisions of the Department or | ||||||
24 | the Concealed Carry Licensing Review Board under this
Act shall | ||||||
25 | be subject to judicial review under the provisions of the |
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1 | Administrative
Review Law. The term
"administrative decision" | ||||||
2 | is defined as in Section 3-101 of the Code of
Civil Procedure.
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3 | (Source: P.A. 98-63, eff. 7-9-13.)
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