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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, 20, 70, and 87 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. | ||||||
16 | (f) The Department shall deny the applicant a license if | ||||||
17 | the applicant fails to meet the requirements under this Act or | ||||||
18 | the Department receives a determination from the Board that the | ||||||
19 | applicant is ineligible for a license. The Department must | ||||||
20 | notify the applicant stating detailed the grounds for the | ||||||
21 | denial and the applicant's right to receive copies of all | ||||||
22 | documents and other evidence that was provided to the | ||||||
23 | Department concerning the application . The notice of denial | ||||||
24 | must inform the applicant of his or her right to an appeal | ||||||
25 | through administrative and judicial review. | ||||||
26 | The notification of denial shall be provided as follows: |
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1 | (1) the notice of denial and the written decision of | ||||||
2 | the Board under subsection (f) of Section 20 of this Act | ||||||
3 | shall be sent via certified United States mail by the | ||||||
4 | Department, with signature required and return receipt | ||||||
5 | requested, to the address listed on the application; | ||||||
6 | (2) the appeal period under Section 87 of this Act | ||||||
7 | shall begin to accrue on the date the denial letter is | ||||||
8 | delivered to the address listed on the application; and | ||||||
9 | (3) in any administrative or judicial proceeding | ||||||
10 | concerning the denial of the application, the Department | ||||||
11 | shall provide the following: | ||||||
12 | (A) proof that the denial letter was delivered to | ||||||
13 | the correct address; | ||||||
14 | (B) a copy of the signature of the person who | ||||||
15 | received the letter; and | ||||||
16 | (C) proof of the date on which it was delivered. | ||||||
17 | (g) A licensee shall possess a license at all times the | ||||||
18 | licensee carries a concealed firearm except: | ||||||
19 | (1) when the licensee is carrying or possessing a | ||||||
20 | concealed firearm on his or her land or in his or her | ||||||
21 | abode, legal dwelling, or fixed place of business, or on | ||||||
22 | the land or in the legal dwelling of another person as an | ||||||
23 | invitee with that person's permission; | ||||||
24 | (2) when the person is authorized to carry a firearm | ||||||
25 | under Section 24-2 of the Criminal Code of 2012, except | ||||||
26 | subsection (a-5) of that Section; or |
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1 | (3) when the handgun is broken down in a | ||||||
2 | non-functioning state, is not immediately accessible, or | ||||||
3 | is unloaded and enclosed in a case. | ||||||
4 | (h) If an officer of a law enforcement agency initiates an | ||||||
5 | investigative stop, including but not limited to a traffic | ||||||
6 | stop, of a licensee or a non-resident carrying a concealed | ||||||
7 | firearm under subsection (e) of
Section 40 of this Act, upon | ||||||
8 | the request of the officer the licensee or non-resident shall | ||||||
9 | disclose to the officer that he or she is in possession of a | ||||||
10 | concealed firearm under this Act, or present the license upon | ||||||
11 | the request of the officer if he or she is a licensee or | ||||||
12 | present upon the request of the officer evidence
under | ||||||
13 | paragraph (2) of subsection (e) of Section 40 of this Act that | ||||||
14 | he or she is a non-resident qualified to carry
under that | ||||||
15 | subsection. The disclosure requirement under this subsection | ||||||
16 | (h) is satisfied if the licensee presents his or her license to | ||||||
17 | the officer or the non-resident presents to the officer | ||||||
18 | evidence under paragraph (2) of subsection (e) of Section 40 of | ||||||
19 | this Act that he or she is qualified to carry under that | ||||||
20 | subsection. Upon the request of the officer, the licensee or | ||||||
21 | non-resident shall also identify the location of the concealed | ||||||
22 | firearm and permit the officer to safely secure the firearm for | ||||||
23 | the duration of the investigative stop. During a traffic stop, | ||||||
24 | any
passenger within the vehicle who is a licensee or a | ||||||
25 | non-resident carrying under subsection (e) of
Section 40 of | ||||||
26 | this Act must comply with the requirements of this subsection |
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1 | (h). | ||||||
2 | (h-1) If a licensee carrying a firearm or a non-resident | ||||||
3 | carrying a firearm in a vehicle under subsection (e) of Section | ||||||
4 | 40 of this Act is contacted by a law enforcement officer or | ||||||
5 | emergency
services personnel, the law enforcement officer or | ||||||
6 | emergency services personnel may secure the firearm
or direct | ||||||
7 | that it be secured during the duration of the contact if the | ||||||
8 | law enforcement officer or emergency
services personnel | ||||||
9 | determines that it is necessary for the safety of any person
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10 | present, including the law enforcement officer or emergency | ||||||
11 | services personnel. The licensee or nonresident
shall submit to | ||||||
12 | the order to secure the firearm. When the law enforcement | ||||||
13 | officer or emergency services
personnel have determined that | ||||||
14 | the licensee or non-resident is not a threat to
the safety of | ||||||
15 | any person present, including the law enforcement officer or | ||||||
16 | emergency services personnel, and
if the licensee or | ||||||
17 | non-resident is physically and mentally capable of
possessing | ||||||
18 | the firearm, the law enforcement officer or emergency services | ||||||
19 | personnel shall return the
firearm to the licensee or | ||||||
20 | non-resident before releasing him or her from the
scene and | ||||||
21 | breaking contact. If the licensee or non-resident is | ||||||
22 | transported for
treatment to another location, the firearm | ||||||
23 | shall be turned over to any peace
officer. The peace officer | ||||||
24 | shall provide a receipt which includes the make,
model, | ||||||
25 | caliber, and serial number of the firearm. | ||||||
26 | (i) The Department shall maintain a database of license |
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1 | applicants and licensees. The database shall be available to | ||||||
2 | all federal, State, and local law enforcement agencies, State's | ||||||
3 | Attorneys, the Attorney General, and authorized court | ||||||
4 | personnel. Within 180 days after the effective date of this | ||||||
5 | Act, the database shall be searchable and provide all | ||||||
6 | information included in the application, including the | ||||||
7 | applicant's previous addresses within the 10 years prior to the | ||||||
8 | license application and any information related to violations | ||||||
9 | of this Act. No law enforcement agency, State's Attorney, | ||||||
10 | Attorney General, or member or staff of the judiciary shall | ||||||
11 | provide any information to a requester who is not entitled to | ||||||
12 | it by law. | ||||||
13 | (j) No later than 10 days after receipt of a completed | ||||||
14 | application, the Department shall enter the relevant | ||||||
15 | information about the applicant into the database under | ||||||
16 | subsection (i) of this Section which is accessible by law | ||||||
17 | enforcement agencies.
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18 | (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-29, | ||||||
19 | eff. 7-10-15.) | ||||||
20 | (430 ILCS 66/15)
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21 | Sec. 15. Objections by law enforcement agencies. | ||||||
22 | (a) Any law enforcement agency may submit an objection to a | ||||||
23 | license applicant based upon a reasonable suspicion that the | ||||||
24 | applicant is a danger to himself or herself or others, or a | ||||||
25 | threat to public safety. The objection shall be made by the |
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1 | chief law enforcement officer of the law enforcement agency, or | ||||||
2 | his or her designee, and must include any information relevant | ||||||
3 | to the objection. If a law enforcement agency submits an | ||||||
4 | objection within 30 days after the entry of an applicant into | ||||||
5 | the database, the Department shall submit the objection and all | ||||||
6 | information available to the Board under State and federal law | ||||||
7 | related to the application to the Board within 10 days of | ||||||
8 | completing all necessary background checks. If an applicant is | ||||||
9 | denied a license, a copy of any and all objections made by law | ||||||
10 | enforcement agencies shall be made available to the applicant. | ||||||
11 | (b) If an applicant has 5 or more arrests for any reason, | ||||||
12 | that have been entered into the Criminal History Records | ||||||
13 | Information (CHRI) System, within the 7 years preceding the | ||||||
14 | date of application for a license, or has 3 or more arrests | ||||||
15 | within the 7 years preceding the date of application for a | ||||||
16 | license for any combination of gang-related offenses, the | ||||||
17 | Department shall object and submit the applicant's arrest | ||||||
18 | record to the extent the Board is allowed to receive that | ||||||
19 | information under State and federal law, the application | ||||||
20 | materials, and any additional information submitted by a law | ||||||
21 | enforcement agency to the Board. For purposes of this | ||||||
22 | subsection, "gang-related offense" is an offense described in | ||||||
23 | Section 12-6.4, Section 24-1.8, Section 25-5, Section 33-4, or | ||||||
24 | Section 33G-4, or in paragraph (1) of subsection (a) of Section | ||||||
25 | 12-6.2, paragraph (2) of subsection (b) of Section 16-30, | ||||||
26 | paragraph (2) of subsection (b) of Section 31-4, or item (iii) |
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1 | of paragraph (1.5) of subsection (i) of Section 48-1 of the | ||||||
2 | Criminal Code of 2012. | ||||||
3 | (c) The referral of an objection under this Section to the | ||||||
4 | Board shall toll the 90-day period for the Department to issue | ||||||
5 | or deny the applicant a license under subsection (e) of Section | ||||||
6 | 10 of this Act, during the period of review and until the Board | ||||||
7 | issues its decision. Upon the referral, applicants shall be | ||||||
8 | given notice by the Department that the application is | ||||||
9 | undergoing review by the Board. The notice shall include the | ||||||
10 | next date upon which the Board is expected to convene, and | ||||||
11 | shall inform the applicant that the 90-day time period has been | ||||||
12 | tolled. | ||||||
13 | (d) If no objection is made by a law enforcement agency or | ||||||
14 | the Department under this Section, the Department shall process | ||||||
15 | the application in accordance with this Act.
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16 | (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.) | ||||||
17 | (430 ILCS 66/20)
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18 | Sec. 20. Concealed Carry Licensing Review Board. | ||||||
19 | (a) There is hereby created within the Department of State | ||||||
20 | Police a Concealed Carry Licensing Review Board to consider any | ||||||
21 | objection to an applicant's eligibility to obtain a license | ||||||
22 | under this Act submitted by a law enforcement agency or the | ||||||
23 | Department under Section 15 of this Act. The Board shall | ||||||
24 | consist of 7 commissioners to be appointed by the Governor, | ||||||
25 | with the advice and consent of the Senate, with 3 commissioners |
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1 | residing within the First Judicial District and one | ||||||
2 | commissioner residing within each of the 4 remaining Judicial | ||||||
3 | Districts. No more than 4 commissioners shall be members of the | ||||||
4 | same political party. The Governor shall designate one | ||||||
5 | commissioner as the Chairperson. The Board shall consist of: | ||||||
6 | (1) one commissioner with at least 5 years of service | ||||||
7 | as a federal judge; | ||||||
8 | (2) 2 commissioners with at least 5 years of experience | ||||||
9 | serving as an attorney with the United States Department of | ||||||
10 | Justice; | ||||||
11 | (3) 3 commissioners with at least 5 years of experience | ||||||
12 | as a federal agent or employee with investigative | ||||||
13 | experience or duties related to criminal justice under the | ||||||
14 | United States Department of Justice, Drug Enforcement | ||||||
15 | Administration, Department of Homeland Security, or | ||||||
16 | Federal Bureau of Investigation; and | ||||||
17 | (4) one member with at least 5 years of experience as a | ||||||
18 | licensed physician or clinical psychologist with expertise | ||||||
19 | in the diagnosis and treatment of mental illness. | ||||||
20 | (b) The initial terms of the commissioners shall end on | ||||||
21 | January 12, 2015. Thereafter, the commissioners shall hold | ||||||
22 | office for 4 years, with terms expiring on the second Monday in | ||||||
23 | January of the fourth year. Commissioners may be reappointed. | ||||||
24 | Vacancies in the office of commissioner shall be filled in the | ||||||
25 | same manner as the original appointment, for the remainder of | ||||||
26 | the unexpired term. The Governor may remove a commissioner for |
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1 | incompetence, neglect of duty, malfeasance, or inability to | ||||||
2 | serve. Commissioners shall receive compensation in an amount | ||||||
3 | equal to the compensation of members of the Executive Ethics | ||||||
4 | Commission and may be reimbursed for reasonable expenses | ||||||
5 | actually incurred in the performance of their Board duties, | ||||||
6 | from funds appropriated for that purpose. | ||||||
7 | (c) The Board shall meet at the call of the chairperson as | ||||||
8 | often as necessary to consider objections to applications for a | ||||||
9 | license under this Act. If necessary to ensure the | ||||||
10 | participation of a commissioner, the Board shall allow a | ||||||
11 | commissioner to participate in a Board meeting by electronic | ||||||
12 | communication. Any commissioner participating electronically | ||||||
13 | shall be deemed present for purposes of establishing a quorum | ||||||
14 | and voting. | ||||||
15 | (d) The Board shall adopt rules for the review of | ||||||
16 | objections and the conduct of hearings. The Board shall | ||||||
17 | maintain a record of its decisions and all materials considered | ||||||
18 | in making its decisions. All Board decisions and voting records | ||||||
19 | shall be kept confidential and all materials considered by the | ||||||
20 | Board shall be exempt from inspection except upon order of a | ||||||
21 | court. | ||||||
22 | (e) In considering an objection of a law enforcement agency | ||||||
23 | or the Department, the Board shall review the materials | ||||||
24 | received with the objection from the law enforcement agency or | ||||||
25 | the Department. By a vote of at least 4 commissioners, the | ||||||
26 | Board may request additional information from the law |
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1 | enforcement agency, Department, or the applicant, or the | ||||||
2 | testimony of the law enforcement agency, Department, or the | ||||||
3 | applicant. The Board may require that the applicant submit | ||||||
4 | electronic fingerprints to the Department for an updated | ||||||
5 | background check where the Board determines it lacks sufficient | ||||||
6 | information to determine eligibility. The Board may only | ||||||
7 | consider information submitted by the Department, a law | ||||||
8 | enforcement agency, or the applicant. The Board shall review | ||||||
9 | each objection and determine by a majority of commissioners | ||||||
10 | whether an applicant is eligible for a license. | ||||||
11 | (f) The Board shall issue a written decision within 30 days | ||||||
12 | of receipt of the objection from the Department. The decision | ||||||
13 | shall specifically reference all documents and evidence | ||||||
14 | submitted to the Board by the Department, law enforcement | ||||||
15 | agencies, and the applicant. The decision shall include the | ||||||
16 | names of all witnesses who testified at the hearing. | ||||||
17 | The However, the Board need not issue its written a | ||||||
18 | decision within the 30-day time period 30 days if: | ||||||
19 | (1) the Board requests information from the applicant, | ||||||
20 | including but not limited to electronic fingerprints to be | ||||||
21 | submitted to the Department, in accordance with subsection | ||||||
22 | (e) of this Section, in which case the Board shall issue | ||||||
23 | its written make a decision within 30 days of receipt of | ||||||
24 | the required information from the applicant; | ||||||
25 | (2) the applicant agrees, in writing, to allow the | ||||||
26 | Board additional time to consider an objection before |
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1 | issuing a written decision ; or | ||||||
2 | (3) the Board notifies the applicant and the Department | ||||||
3 | that the Board needs an additional 30 days to issue its | ||||||
4 | written a decision. | ||||||
5 | (g) If the Board determines by a preponderance of the | ||||||
6 | evidence that the applicant poses a danger to himself or | ||||||
7 | herself or others, or is a threat to public safety, then the | ||||||
8 | Board shall affirm the objection of the law enforcement agency | ||||||
9 | or the Department , and shall notify the Department that the | ||||||
10 | applicant is ineligible for a license , and shall provide the | ||||||
11 | Department with a written copy of the decision as outlined in | ||||||
12 | subsection (f) of this Section . If the Board does not determine | ||||||
13 | by a preponderance of the evidence that the applicant poses a | ||||||
14 | danger to himself or herself or others, or is a threat to | ||||||
15 | public safety, then the Board shall notify the Department that | ||||||
16 | the applicant is eligible for a license and shall forward a | ||||||
17 | copy of its written decision to the Department . | ||||||
18 | (h) Meetings of the Board shall not be subject to the Open | ||||||
19 | Meetings Act and records of the Board shall not be subject to | ||||||
20 | the Freedom of Information Act . However, all documents and | ||||||
21 | evidence provided to the Board, including a list of the names | ||||||
22 | of all witnesses who provided testimony to the Board, shall be | ||||||
23 | made available to the applicant and the applicant's designated | ||||||
24 | attorney, if any. To the extent that the Board has reviewed the | ||||||
25 | medical records of an applicant, or any other records subject | ||||||
26 | to any law or rule providing for the applicant's privacy, |
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1 | copies of the those records shall be provided only to the | ||||||
2 | applicant and the disclosure of the records shall comply with | ||||||
3 | all applicable privacy laws, rules, and regulations. Upon a | ||||||
4 | Board decision denying an application, a copy of the written | ||||||
5 | decision of the Board shall be attached to the notice of denial | ||||||
6 | required under subsection (f) of Section 10 of this Act, and | ||||||
7 | mailed to the applicant. | ||||||
8 | (i) The Board shall report monthly to the Governor and the | ||||||
9 | General Assembly on the number of objections received and | ||||||
10 | provide details of the circumstances in which the Board has | ||||||
11 | determined to deny licensure based on law enforcement or | ||||||
12 | Department objections under Section 15 of this Act. The report | ||||||
13 | shall not contain any identifying information about the | ||||||
14 | applicants.
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15 | (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.) | ||||||
16 | (430 ILCS 66/70)
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17 | Sec. 70. Violations. | ||||||
18 | (a) A license issued or renewed under this Act shall be | ||||||
19 | revoked if, at any time, the licensee is found to be ineligible | ||||||
20 | for a license under this Act or the licensee no longer meets | ||||||
21 | the eligibility requirements of the Firearm Owners | ||||||
22 | Identification Card Act. The notification and appeals | ||||||
23 | processes for revoked licenses shall be the same as those for | ||||||
24 | denied applications under Sections 10, 15, and 87 of this Act. | ||||||
25 | (b) A license shall be suspended if an order of protection, |
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1 | including an emergency order of protection, plenary order of | ||||||
2 | protection, or interim order of protection under Article 112A | ||||||
3 | of the Code of Criminal Procedure of 1963 or under the Illinois | ||||||
4 | Domestic Violence Act of 1986, is issued against a licensee for | ||||||
5 | the duration of the order, or if the Department is made aware | ||||||
6 | of a similar order issued against the licensee in any other | ||||||
7 | jurisdiction. If an order of protection is issued against a | ||||||
8 | licensee, the licensee shall surrender the license, as | ||||||
9 | applicable, to the court at the time the order is entered or to | ||||||
10 | the law enforcement agency or entity serving process at the | ||||||
11 | time the licensee is served the order. The court, law | ||||||
12 | enforcement agency, or entity responsible for serving the order | ||||||
13 | of protection shall notify the Department within 7 days and | ||||||
14 | transmit the license to the Department. | ||||||
15 | (c) A license is invalid upon expiration of the license, | ||||||
16 | unless the licensee has submitted an application to renew the | ||||||
17 | license, and the applicant is otherwise eligible to possess a | ||||||
18 | license under this Act. | ||||||
19 | (d) A licensee shall not carry a concealed firearm while | ||||||
20 | under the influence of alcohol, other drug or drugs, | ||||||
21 | intoxicating compound or combination of compounds, or any | ||||||
22 | combination thereof, under the standards set forth in | ||||||
23 | subsection (a) of Section 11-501 of the Illinois Vehicle Code. | ||||||
24 | A licensee in violation of this subsection (d) shall be | ||||||
25 | guilty of a Class A misdemeanor for a first or second violation | ||||||
26 | and a Class 4 felony for a third violation. The Department may |
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1 | suspend a license for up to 6 months for a second violation and | ||||||
2 | shall permanently revoke a license for a third violation. | ||||||
3 | (e) Except as otherwise provided, a licensee in violation | ||||||
4 | of this Act shall be guilty of a Class B misdemeanor. A second | ||||||
5 | or subsequent violation is a Class A misdemeanor. The | ||||||
6 | Department may suspend a license for up to 6 months for a | ||||||
7 | second violation and shall permanently revoke a license for 3 | ||||||
8 | or more violations of Section 65 of this Act. Any person | ||||||
9 | convicted of a violation under this Section shall pay a $150 | ||||||
10 | fee to be deposited into the Mental Health Reporting Fund, plus | ||||||
11 | any applicable court costs or fees. | ||||||
12 | (f) A licensee convicted or found guilty of a violation of | ||||||
13 | this Act who has a valid license and is otherwise eligible to | ||||||
14 | carry a concealed firearm shall only be subject to the | ||||||
15 | penalties under this Section and shall not be subject to the | ||||||
16 | penalties under Section 21-6, paragraph (4), (8), or (10) of | ||||||
17 | subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5) | ||||||
18 | of paragraph (3) of subsection (a) of Section 24-1.6 of the | ||||||
19 | Criminal Code of 2012. Except as otherwise provided in this | ||||||
20 | subsection, nothing in this subsection prohibits the licensee | ||||||
21 | from being subjected to penalties for violations other than | ||||||
22 | those specified in this Act. | ||||||
23 | (g) A licensee whose license is revoked, suspended, or | ||||||
24 | denied shall, within 48 hours of receiving notice of the | ||||||
25 | revocation, suspension, or denial, surrender his or her | ||||||
26 | concealed carry license to the local law enforcement agency |
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1 | where the person resides. The local law enforcement agency | ||||||
2 | shall provide the licensee a receipt and transmit the concealed | ||||||
3 | carry license to the Department of State Police. If the | ||||||
4 | licensee whose concealed carry license has been revoked, | ||||||
5 | suspended, or denied fails to comply with the requirements of | ||||||
6 | this subsection, the law enforcement agency where the person | ||||||
7 | resides may petition the circuit court to issue a warrant to | ||||||
8 | search for and seize the concealed carry license in the | ||||||
9 | possession and under the custody or control of the licensee | ||||||
10 | whose concealed carry license has been revoked, suspended, or | ||||||
11 | denied. The observation of a concealed carry license in the | ||||||
12 | possession of a person whose license has been revoked, | ||||||
13 | suspended, or denied constitutes a sufficient basis for the | ||||||
14 | arrest of that person for violation of this subsection. A | ||||||
15 | violation of this subsection is a Class A misdemeanor. | ||||||
16 | (h) A license issued or renewed under this Act shall be | ||||||
17 | revoked if, at any time, the licensee is found ineligible for a | ||||||
18 | Firearm Owner's Identification Card, or the licensee no longer | ||||||
19 | possesses a valid Firearm Owner's Identification Card. A | ||||||
20 | licensee whose license is revoked under this subsection (h) | ||||||
21 | shall surrender his or her concealed carry license as provided | ||||||
22 | for in subsection (g) of this Section. | ||||||
23 | This subsection shall not apply to a person who has filed | ||||||
24 | an application with the State Police for renewal of a Firearm
| ||||||
25 | Owner's Identification Card and who is not otherwise ineligible | ||||||
26 | to obtain a Firearm Owner's Identification Card.
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1 | (i) A certified firearms instructor who knowingly provides | ||||||
2 | or offers to provide a false certification that an applicant | ||||||
3 | has completed firearms training as required under this Act is | ||||||
4 | guilty of a Class A misdemeanor. A person guilty of a violation | ||||||
5 | of this subsection (i) is not eligible for court supervision. | ||||||
6 | The Department shall permanently revoke the firearms | ||||||
7 | instructor certification of a person convicted under this | ||||||
8 | subsection (i). | ||||||
9 | (Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14; 98-899, | ||||||
10 | eff. 8-15-14.) | ||||||
11 | (430 ILCS 66/87)
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12 | Sec. 87. Administrative and judicial review. | ||||||
13 | (a) Whenever an application for a concealed carry license | ||||||
14 | is denied, whenever the Department fails to act on an | ||||||
15 | application
within 90 days of its receipt, or whenever a | ||||||
16 | license is revoked or suspended as provided in this Act, the | ||||||
17 | aggrieved party may
appeal
to the Director for a hearing upon
| ||||||
18 | the denial, revocation, suspension, or failure to act on the | ||||||
19 | application, unless the denial
was made by the Concealed Carry | ||||||
20 | Licensing Review Board, in which case the
aggrieved party may | ||||||
21 | petition the circuit court in writing in the county of
his or | ||||||
22 | her residence for a hearing upon the denial. An applicant may | ||||||
23 | appeal a denial of an application for a concealed carry license | ||||||
24 | by the Department to the Director for a hearing within 70 | ||||||
25 | calendar days after the denial. |
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1 | (b) All final administrative decisions of the Department or | ||||||
2 | the Concealed Carry Licensing Review Board under this
Act shall | ||||||
3 | be subject to judicial review under the provisions of the | ||||||
4 | Administrative
Review Law except that a petition for | ||||||
5 | administrative or judicial review shall be filed within 70 | ||||||
6 | calendar days from the date the notice of denial was received | ||||||
7 | by the applicant. If an applicant brings a petition for | ||||||
8 | judicial review under this Act, the petition must be decided | ||||||
9 | without remand to the Department . The term
"administrative | ||||||
10 | decision" is defined as in Section 3-101 of the Code of
Civil | ||||||
11 | Procedure.
| ||||||
12 | (c) Immediately upon receiving notice that the application | ||||||
13 | has been denied, the applicant or the applicant's attorney, if | ||||||
14 | any, may formally request copies of all documents and evidence | ||||||
15 | considered by the Department in making its determination. The | ||||||
16 | Department shall provide the requested documents and evidence | ||||||
17 | within 14 calendar days of receiving the written request. | ||||||
18 | (Source: P.A. 98-63, eff. 7-9-13.)
|