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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 Section 10 as follows: | |||||||||||||||||||
6 | (430 ILCS 66/10)
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7 | Sec. 10. Issuance of licenses to carry a concealed firearm. | |||||||||||||||||||
8 | (a) The Department shall issue a license to carry a | |||||||||||||||||||
9 | concealed firearm under this Act to an applicant who: | |||||||||||||||||||
10 | (1) meets the qualifications of Section 25 of this Act; | |||||||||||||||||||
11 | (2) has provided the application and documentation | |||||||||||||||||||
12 | required in Section 30 of this Act; | |||||||||||||||||||
13 | (3) has submitted the requisite fees; and | |||||||||||||||||||
14 | (4) does not pose a danger to himself, herself, or | |||||||||||||||||||
15 | others, or a threat to public safety as determined by the | |||||||||||||||||||
16 | Concealed Carry Licensing Review Board in accordance with | |||||||||||||||||||
17 | Section 20. | |||||||||||||||||||
18 | (b) The Department shall issue a renewal, corrected, or | |||||||||||||||||||
19 | duplicate license as provided in this Act. | |||||||||||||||||||
20 | (c) A license shall be valid throughout the State for a | |||||||||||||||||||
21 | period of 5 years from the date of issuance. A license shall | |||||||||||||||||||
22 | permit the licensee to: | |||||||||||||||||||
23 | (1) carry a loaded or unloaded concealed firearm, fully |
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1 | concealed or partially concealed, on or about his or her | ||||||
2 | person; and
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3 | (2) keep or carry a loaded or unloaded concealed | ||||||
4 | firearm on or about his or her person within a vehicle. | ||||||
5 | (d) The Department shall make applications for a license | ||||||
6 | available no later than 180 days after the effective date of | ||||||
7 | this Act. The Department shall establish rules for the | ||||||
8 | availability and submission of applications in accordance with | ||||||
9 | this Act. | ||||||
10 | (e) An application for a license submitted to the | ||||||
11 | Department that contains all the information and materials | ||||||
12 | required by this Act, including the requisite fee, shall be | ||||||
13 | deemed completed. Except as otherwise provided in this Act, no | ||||||
14 | later than 90 days after receipt of a completed application, | ||||||
15 | the Department shall issue or deny the applicant a license. The | ||||||
16 | Illinois State Police shall notify the applicant for a | ||||||
17 | concealed carry license, electronically, if his or her | ||||||
18 | application has been accepted. If an applicant for a concealed | ||||||
19 | carry license submits his or her application electronically, | ||||||
20 | the Illinois State Police shall notify the applicant | ||||||
21 | electronically if his or her application is missing information | ||||||
22 | or materials. | ||||||
23 | (f) The Department shall deny the applicant a license if | ||||||
24 | the applicant fails to meet the requirements under this Act or | ||||||
25 | the Department receives a determination from the Board that the | ||||||
26 | applicant is ineligible for a license. The Department must |
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1 | notify the applicant stating the grounds for the denial. The | ||||||
2 | notice of denial must inform the applicant of his or her right | ||||||
3 | to an appeal through administrative and judicial review. | ||||||
4 | (g) A licensee shall possess a license at all times the | ||||||
5 | licensee carries a concealed firearm except: | ||||||
6 | (1) when the licensee is carrying or possessing a | ||||||
7 | concealed firearm on his or her land or in his or her | ||||||
8 | abode, legal dwelling, or fixed place of business, or on | ||||||
9 | the land or in the legal dwelling of another person as an | ||||||
10 | invitee with that person's permission; | ||||||
11 | (2) when the person is authorized to carry a firearm | ||||||
12 | under Section 24-2 of the Criminal Code of 2012, except | ||||||
13 | subsection (a-5) of that Section; or | ||||||
14 | (3) when the handgun is broken down in a | ||||||
15 | non-functioning state, is not immediately accessible, or | ||||||
16 | is unloaded and enclosed in a case. | ||||||
17 | (h) If an officer of a law enforcement agency initiates an | ||||||
18 | investigative stop, including but not limited to a traffic | ||||||
19 | stop, of a licensee or a non-resident carrying a concealed | ||||||
20 | firearm under subsection (e) of
Section 40 of this Act, upon | ||||||
21 | the request of the officer the licensee or non-resident shall | ||||||
22 | disclose to the officer that he or she is in possession of a | ||||||
23 | concealed firearm under this Act, or present the license upon | ||||||
24 | the request of the officer if he or she is a licensee or | ||||||
25 | present upon the request of the officer evidence
under | ||||||
26 | paragraph (2) of subsection (e) of Section 40 of this Act that |
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1 | he or she is a non-resident qualified to carry
under that | ||||||
2 | subsection. The disclosure requirement under this subsection | ||||||
3 | (h) is satisfied if the licensee presents his or her license to | ||||||
4 | the officer or the non-resident presents to the officer | ||||||
5 | evidence under paragraph (2) of subsection (e) of Section 40 of | ||||||
6 | this Act that he or she is qualified to carry under that | ||||||
7 | subsection. Upon the request of the officer, the licensee or | ||||||
8 | non-resident shall also identify the location of the concealed | ||||||
9 | firearm and permit the officer to safely secure the firearm for | ||||||
10 | the duration of the investigative stop. During a traffic stop, | ||||||
11 | any
passenger within the vehicle who is a licensee or a | ||||||
12 | non-resident carrying under subsection (e) of
Section 40 of | ||||||
13 | this Act must comply with the requirements of this subsection | ||||||
14 | (h). | ||||||
15 | (h-1) If a licensee carrying a firearm or a non-resident | ||||||
16 | carrying a firearm in a vehicle under subsection (e) of Section | ||||||
17 | 40 of this Act is contacted by a law enforcement officer or | ||||||
18 | emergency
services personnel, the law enforcement officer or | ||||||
19 | emergency services personnel may secure the firearm
or direct | ||||||
20 | that it be secured during the duration of the contact if the | ||||||
21 | law enforcement officer or emergency
services personnel | ||||||
22 | determines that it is necessary for the safety of any person
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23 | present, including the law enforcement officer or emergency | ||||||
24 | services personnel. The licensee or nonresident
shall submit to | ||||||
25 | the order to secure the firearm. When the law enforcement | ||||||
26 | officer or emergency services
personnel have determined that |
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1 | the licensee or non-resident is not a threat to
the safety of | ||||||
2 | any person present, including the law enforcement officer or | ||||||
3 | emergency services personnel, and
if the licensee or | ||||||
4 | non-resident is physically and mentally capable of
possessing | ||||||
5 | the firearm, the law enforcement officer or emergency services | ||||||
6 | personnel shall return the
firearm to the licensee or | ||||||
7 | non-resident before releasing him or her from the
scene and | ||||||
8 | breaking contact. If the licensee or non-resident is | ||||||
9 | transported for
treatment to another location, the firearm | ||||||
10 | shall be turned over to any peace
officer. The peace officer | ||||||
11 | shall provide a receipt which includes the make,
model, | ||||||
12 | caliber, and serial number of the firearm. | ||||||
13 | (i) The Department shall maintain a database of license | ||||||
14 | applicants and licensees. The database shall be available to | ||||||
15 | all federal, State, and local law enforcement agencies, State's | ||||||
16 | Attorneys, the Attorney General, and authorized court | ||||||
17 | personnel. Within 180 days after the effective date of this | ||||||
18 | Act, the database shall be searchable and provide all | ||||||
19 | information included in the application, including the | ||||||
20 | applicant's previous addresses within the 10 years prior to the | ||||||
21 | license application and any information related to violations | ||||||
22 | of this Act. No law enforcement agency, State's Attorney, | ||||||
23 | Attorney General, or member or staff of the judiciary shall | ||||||
24 | provide any information to a requester who is not entitled to | ||||||
25 | it by law. | ||||||
26 | (j) No later than 10 days after receipt of a completed |
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1 | application, the Department shall enter the relevant | ||||||
2 | information about the applicant into the database under | ||||||
3 | subsection (i) of this Section which is accessible by law | ||||||
4 | enforcement agencies.
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5 | (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-29, | ||||||
6 | eff. 7-10-15.)
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