100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB3298

 

Introduced 2/16/2018, by Sen. Ira I. Silverstein

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 66/10
430 ILCS 66/12 new
430 ILCS 66/15
430 ILCS 66/87

    Amends the Firearm Concealed Carry Act. Requires approval by the local law enforcement agency where the applicant for a concealed carry license resides before the Department of State Police can issue the license. Provides the chief law enforcement officer of the law enforcement agency or sheriff, depending on the residence of the applicant, has 30 days from receipt of the application to review the application and he or she shall approve the applicant unless he or she determines the applicant is unsuitable for a concealed carry license. Provides a finding of unsuitability requires: (1) reliable and credible information that the applicant has exhibited or engaged in behavior that suggests that, if issued a license, the applicant may create a risk to public safety; (2) existing factors that suggest that, if issued a license, the applicant may create a risk to public safety; (3) reasonable suspicion that the applicant is a danger to himself or herself or others; or (4) other reasonable cause exists for denial. Provides if the chief law enforcement officer or sheriff fails to notify the Department of his or her approval or denial of the application within 30 days of receipt of application, the Department of State Police shall consider the application approved and completed, and shall process the application in accordance with the Act. Provides an applicant denied approval by a local law enforcement agency may petition the circuit court in writing in the county of his or her residence for a hearing upon the denial.


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A BILL FOR

 

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1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Firearm Concealed Carry Act is amended by
5changing Sections 10, 15, and 87 and by adding Section 12 as
6follows:
 
7    (430 ILCS 66/10)
8    Sec. 10. Issuance of licenses to carry a concealed firearm.
9    (a) The Department shall issue a license to carry a
10concealed 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
22duplicate license as provided in this Act.
23    (c) A license shall be valid throughout the State for a

 

 

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1period of 5 years from the date of issuance. A license shall
2permit 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
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
9available no later than 180 days after the effective date of
10this Act. The Department shall establish rules for the
11availability and submission of applications in accordance with
12this Act.
13    (e) An application for a license submitted to the
14Department that contains all the information and materials
15required by this Act, including the requisite fee and local law
16enforcement agency approval under Section 12 of this Act, shall
17be deemed completed. Except as otherwise provided in this Act,
18no later than 90 days after receipt of a completed application,
19the Department shall issue or deny the applicant a license.
20    (f) The Department shall deny the applicant a license if
21the applicant fails to meet the requirements under this Act or
22the Department receives a determination from the Board that the
23applicant is ineligible for a license. The Department must
24notify the applicant stating the grounds for the denial. The
25notice of denial must inform the applicant of his or her right
26to an appeal through administrative and judicial review.

 

 

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1    (g) A licensee shall possess a license at all times the
2licensee 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
15investigative stop, including but not limited to a traffic
16stop, of a licensee or a non-resident carrying a concealed
17firearm under subsection (e) of Section 40 of this Act, upon
18the request of the officer the licensee or non-resident shall
19disclose to the officer that he or she is in possession of a
20concealed firearm under this Act, or present the license upon
21the request of the officer if he or she is a licensee or
22present upon the request of the officer evidence under
23paragraph (2) of subsection (e) of Section 40 of this Act that
24he or she is a non-resident qualified to carry under that
25subsection. The disclosure requirement under this subsection
26(h) is satisfied if the licensee presents his or her license to

 

 

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1the officer or the non-resident presents to the officer
2evidence under paragraph (2) of subsection (e) of Section 40 of
3this Act that he or she is qualified to carry under that
4subsection. Upon the request of the officer, the licensee or
5non-resident shall also identify the location of the concealed
6firearm and permit the officer to safely secure the firearm for
7the duration of the investigative stop. During a traffic stop,
8any passenger within the vehicle who is a licensee or a
9non-resident carrying under subsection (e) of Section 40 of
10this Act must comply with the requirements of this subsection
11(h).
12    (h-1) If a licensee carrying a firearm or a non-resident
13carrying a firearm in a vehicle under subsection (e) of Section
1440 of this Act is contacted by a law enforcement officer or
15emergency services personnel, the law enforcement officer or
16emergency services personnel may secure the firearm or direct
17that it be secured during the duration of the contact if the
18law enforcement officer or emergency services personnel
19determines that it is necessary for the safety of any person
20present, including the law enforcement officer or emergency
21services personnel. The licensee or nonresident shall submit to
22the order to secure the firearm. When the law enforcement
23officer or emergency services personnel have determined that
24the licensee or non-resident is not a threat to the safety of
25any person present, including the law enforcement officer or
26emergency services personnel, and if the licensee or

 

 

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1non-resident is physically and mentally capable of possessing
2the firearm, the law enforcement officer or emergency services
3personnel shall return the firearm to the licensee or
4non-resident before releasing him or her from the scene and
5breaking contact. If the licensee or non-resident is
6transported for treatment to another location, the firearm
7shall be turned over to any peace officer. The peace officer
8shall provide a receipt which includes the make, model,
9caliber, and serial number of the firearm.
10    (i) The Department shall maintain a database of license
11applicants and licensees. The database shall be available to
12all federal, State, and local law enforcement agencies, State's
13Attorneys, the Attorney General, and authorized court
14personnel. Within 180 days after the effective date of this
15Act, the database shall be searchable and provide all
16information included in the application, including the
17applicant's previous addresses within the 10 years prior to the
18license application and any information related to violations
19of this Act. No law enforcement agency, State's Attorney,
20Attorney General, or member or staff of the judiciary shall
21provide any information to a requester who is not entitled to
22it by law.
23    (j) No later than 10 days after receipt of a completed
24application, the Department shall enter the relevant
25information about the applicant into the database under
26subsection (i) of this Section which is accessible by law

 

 

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1enforcement agencies.
2(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-29,
3eff. 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
7results 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
18review the application and information submitted by the
19Department, and may conduct his or her own investigation of the
20applicant. The chief law enforcement officer or sheriff shall
21approve the application unless he or she determines the
22applicant is unsuitable to be issued a license under this Act.
23A 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
9notify the Department of his or approval or denial of the
10application within 30 days of receipt of the information under
11subsection (a) of this Section. If the chief law enforcement
12officer or sheriff fail to notify the Department of his or
13approval or denial within the 30-day period, the Department
14shall consider the application approved and completed, and
15shall process the application in accordance with this Act.
 
16    (430 ILCS 66/15)
17    Sec. 15. Objections by law enforcement agencies.
18    (a) Any law enforcement agency, other than the agency of
19the chief law enforcement officer or sheriff receiving an
20application under Section 12 of this Act, may submit an
21objection to a license applicant under this Section based upon
22a reasonable suspicion that the applicant is a danger to
23himself or herself or others, or a threat to public safety. The
24objection shall be made by the chief law enforcement officer of
25the law enforcement agency, or his or her designee, and must

 

 

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1include any information relevant to the objection. If a law
2enforcement agency submits an objection under this Section
3within 30 days after the entry of an applicant into the
4database, the Department shall submit the objection and all
5information available to the Board under State and federal law
6related to the application to the Board within 10 days of
7completing all necessary background checks.
8    (b) If an applicant has 5 or more arrests for any reason,
9that have been entered into the Criminal History Records
10Information (CHRI) System, within the 7 years preceding the
11date of application for a license, or has 3 or more arrests
12within the 7 years preceding the date of application for a
13license for any combination of gang-related offenses, the
14Department shall object and submit the applicant's arrest
15record to the extent the Board is allowed to receive that
16information under State and federal law, the application
17materials, and any additional information submitted by a law
18enforcement agency to the Board. For purposes of this
19subsection, "gang-related offense" is an offense described in
20Section 12-6.4, Section 24-1.8, Section 25-5, Section 33-4, or
21Section 33G-4, or in paragraph (1) of subsection (a) of Section
2212-6.2, paragraph (2) of subsection (b) of Section 16-30,
23paragraph (2) of subsection (b) of Section 31-4, or item (iii)
24of paragraph (1.5) of subsection (i) of Section 48-1 of the
25Criminal Code of 2012.
26    (c) The referral of an objection under this Section to the

 

 

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1Board shall toll the 90-day period for the Department to issue
2or deny the applicant a license under subsection (e) of Section
310 of this Act, during the period of review and until the Board
4issues its decision.
5    (d) If no objection is made by a law enforcement agency or
6the Department under this Section, the Department shall process
7the application in accordance with this Act.
8(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.)
 
9    (430 ILCS 66/87)
10    Sec. 87. Administrative and judicial review.
11    (a) Whenever an application for a concealed carry license
12is denied, whenever the Department fails to act on an
13application within 90 days of its receipt, or whenever a
14license is revoked or suspended as provided in this Act, the
15aggrieved party may appeal to the Director for a hearing upon
16the denial, revocation, suspension, or failure to act on the
17application, unless the denial was made by the local law
18enforcement agency under Section 12 of this Act or the
19Concealed Carry Licensing Review Board, in which case the
20aggrieved party may petition the circuit court in writing in
21the county of his or her residence for a hearing upon the
22denial.
23    (b) All final administrative decisions of the Department or
24the Concealed Carry Licensing Review Board under this Act shall
25be subject to judicial review under the provisions of the

 

 

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1Administrative Review Law. The term "administrative decision"
2is defined as in Section 3-101 of the Code of Civil Procedure.
3(Source: P.A. 98-63, eff. 7-9-13.)