AUTHORITY: Implements the Firearm Concealed Carry Act [430 ILCS 66] and authorized by Section 95 of that Act.
SOURCE: Adopted by emergency rulemaking at 37 Ill. Reg. 15146, effective August 30, 2013, for a maximum of 150 days; adopted at 38 Ill. Reg. 2322, effective December 31, 2013; emergency amendment at 38 Ill. Reg. 9703, effective April 16, 2014, for a maximum of 150 days; emergency rule modified in response to JCAR Objection at 38 Ill. Reg. 13410, effective June 10, 2014, for the remainder of the 150 days; emergency amendment at 38 Ill. Reg. 16010, effective July 10, 2014, for a maximum of 150 days; amended at 38 Ill. Reg. 19282, effective September 12, 2014; emergency amendment at 44 Ill. Reg. 6170, effective April 6, 2020, for a maximum of 150 days; emergency expired September 2, 2020; emergency amendment at 44 Ill. Reg. 15823, effective September 3, 2020, for a maximum of 150 days; emergency expired January 30, 2021; emergency amendment at 45 Ill. Reg. 2767, effective February 19, 2021; for a maximum of 150 days; emergency expired July 18, 2021; amended at 45 Ill. Reg. 11206, effective August 30, 2021; amended at 46 Ill. Reg. 1081, effective December 21, 2021.
Section 1231.10 Definitions
In addition to the definitions included in this Section, any
additional definitions created in Section 5 of the Act apply.
"Act" means the Firearms
Concealed Carry Act [430 ILCS 66].
"Active" means the
Firearm Concealed Carry License is active in the online FOID/FCCL system and
valid for purposes of carrying a concealed firearm.
"All Applicable State and
Federal Laws Relating to the Ownership, Storage, Carry and Transportation of
Firearms Instruction" means, at a minimum, instruction on the Act in its
entirety, with emphasis on Sections 10(h) and 65 of the Act; the Firearm Owner
Identification Card Act [430 ILCS 65]; relevant portions of the Criminal Code
of 2012, including but not limited to, use of force in defense of a person [720
ILCS 5/7-1], use of force in defense of dwelling [720 ILCS 5/7-2], use of force
in defense of other property [720 ILCS 5/7-3], and unlawful use of a weapon
[720 ILCS 5/Art. 24].
"Application Verification Document"
means the documents electronically generated by the Department upon submission
of a completed Firearms Instructor Approval Application, which authorizes the
Department to verify the answers given and confirm the validity of the
information provided.
"B-27 Silhouette Target"
means any target that complies with the National Rifle Association of America
B-27 50 Yard Target Specifications.
"Basic Principles of
Marksmanship Instruction" means, at a minimum, instruction on stance,
grip, sight alignment, sight picture and trigger control.
"Care, Cleaning, Loading and
Unloading of a Concealable Firearm Instruction" means, at a minimum,
instruction on gun identification, ammunition identification and selection,
safety and cleaning protocols, cleaning equipment, and firearms loading and
unloading.
"CCLRB" means the
Concealed Carry Licensing Review Board.
"Department" means the
Illinois State Police.
"Designator" means an
indication printed on the face of a FOID Card signaling that the card holder
has been issued an FCCL.
"FCCL" means Firearms
Concealed Carry License issued pursuant to the Act, which may be indicated as a
Designator printed on the face of a FOID Card.
"Firearms Safety
Instruction" means, at a minimum, instruction on the four basic firearms
handling safety rules, home storage, vehicle storage and public storage.
"FOID Act" means the
Firearm Owner's Identification Card Act [430 ILCS 65].
"FOID Card" means the
Firearm Owner's Identification Card as defined in Section 6 of the FOID Act,
which may include an FCCL Designator printed on the face of the card.
"Four Basic Firearms Handling
Safety Rules" means:
Keep the firearm pointed in a safe
direction and never at anything the shooter is not willing to destroy;
Keep finger off the trigger until
the sights are aligned on target and the shooter is ready to shoot and do not
press on the trigger unless the shooter intends to fire;
Treat all guns as though they are
always loaded; and
Know the target and what lies
beyond the target.
For purposes of Section 75(e) of
the Act, "hit the target" shall mean hit the scoring area of the B-27
Silhouette Target.
"Illinois Resident"
means a person who qualifies for an Illinois driver's license, other than a
Temporary Visitor's Driver's License (TVDL), or an Illinois State
identification card due to his or her establishment of a primary domicile in
Illinois.
"In Person" means during
a live, face-to-face interaction and not via video conference, webinar or any
other electronic media, except that pre-recorded materials may be used by an
instructor during a live presentation.
"Law Enforcement
Official" means an employee of a government agency who:
is authorized by law to engage in
or supervise the prevention, detection, investigation, prosecution or
incarceration of any person for any violation of law;
has statutory powers of arrest or
custodial detention;
is authorized by the agency to
carry a firearm while on duty;
is not the subject of any
disciplinary action by the employing agency that could result in termination;
meets the standards established by
the agency that require the employee to regularly qualify in the use of a
firearm; and
is not prohibited by federal law
from possessing a firearm.
"LEADS" means the
Illinois Law Enforcement Agencies Data System maintained by the Department. It
is a statewide, computerized telecommunications system designed to provide
services, information and capabilities to the Illinois law enforcement and
criminal justice community.
"NICS" means the National
Instant Criminal Background Check System maintained by the Federal Bureau of
Investigation.
"NLETS" means the
National Law Enforcement Telecommunications System.
"Online FOID/FCCL
System" means the Department's applicant and person-to-person portal which
allows a person to apply for a FOID Card or FCCL and access their FOID Card/FCCL
dashboard, as well as determine whether the applicant's FOID Card or another
person's FOID Card is valid and active where permitted by law.
"Public Storage" means
storage at publicly-owned location, for example in a storage locker provided by
a public or government facility, which may or may not have its own storage
rules or protocols.
"Purchaser" means any
person who is buying or receiving firearms or firearms ammunition as part of sale
or transfer.
"Reset" means the
Department takes action to ensure the applicant may reapply with its online
FOID/FCCL system.
"Seller" means any
person who is selling or transferring firearms or firearms ammunition as part
of a sale or transfer.
"Transfer" means the
permanent relinquishment of ownership of a firearm to another person regardless
of whether consideration or money is received by the seller.
"Substantially Similar"
means the comparable state regulates who may carry firearms, concealed or
otherwise, in public; prohibits all who have involuntary mental health
admissions, and those with voluntary admissions within the past 5 years, from
carrying firearms, concealed or otherwise, in public; reports denied persons to
NICS; and participates in reporting persons authorized to carry firearms,
concealed or otherwise, in public through NLETs.
"United States Armed
Forces" shall, for purposes of Section 75 of the Act, include all branches
of the U.S. Military (Army, Air Force, Coast Guard, Marine Corps and Navy), as
well as the Federal Reserve Components (Army, Navy, Air Force, Marine Corps and
Coast Guard) and National Guard (Army and Air).
"Valid Driver's License"
or "Valid State Identification Card" means current and not suspended,
revoked, expired, cancelled, invalidated, denied or disqualified. It does not
include a temporary visitor's driver's license (TVDL).
"Valid Firearms Instructor
Certification" means certification as:
a Law Enforcement Firearms
Instructor; or
a Firearms Instructor qualified to
teach either handgun safety or a handgun training course that requires
in-person classroom or lecture sessions totaling at least 3 hours and a live
handgun firing component that was issued by:
a law enforcement entity;
a State or federal government
entity (e.g., Military, Coast Guard, etc.);
the Illinois Law Enforcement
Training Standards Board;
the National Rifle Association of
America (NRA); or
any other entity recognized by at
least 3 state or federal government agencies as being qualified to
provide education and training in the safe and proper use of firearms that
maintains a program or process to certify instructors.
"Weapons
Handling Instruction" means, at a minimum:
handgun fundamentals;
handgun concealment;
live fire qualification
instruction; and
live fire qualification with a
concealable firearm using a B-27 silhouette target consisting of a minimum of
30 rounds and 10 rounds from a distance of 5 yards, 10 rounds from a distance
of 7 yards and 10 rounds from a distance of 10 yards.
"Within a Vehicle" means
within the passenger compartment of a passenger or recreational vehicle or
within a lockable container secured to a motorcycle.
(Source: Amended at 46 Ill. Reg. 1081,
effective December 21, 2021)
Section 1231.20 Instructor Approval
a) Applicants
for Concealed Carry Firearm Instructor (Instructor) approval shall meet the
requirements of Section 80 of the Act and shall maintain:
1) A
valid Firearm Owner's Identification (FOID) Card or, if an out-of-state
resident, the applicant must meet all of the eligibility requirements to obtain
a FOID Card other than Illinois residency (see 20 Ill. Adm. Code 1230); and
2) After
April 16, 2014, a valid FCCL, unless the applicant is not required to possess
an FCCL to conceal and carry handguns in Illinois, or, if the applicant is an
out-of-state resident not from a substantially similar state, that person shall
provide proof to the Department upon request that he or she is not required to
possess an FCCL to conceal and carry handguns in Illinois, or that he or she is
eligible to carry under the laws of his or her state or territory of residence.
b) Application
to be a Concealed Carry Firearms Instructor shall be made by first submitting a
full set of fingerprints to the Department in an electronic format using a Live
Scan Vendor licensed by the Department of Financial and Professional Regulation
or a law enforcement agency registered by the Department. Manual fingerprints will
not be accepted.
c) Upon
receiving a Live Scan Fingerprint Transaction Control Number (TCN) from the
Licensed Live Scan Vendor or law enforcement agency registered by the
Department, the applicant shall electronically complete and submit the Department's
Concealed Carry Firearms Instructor Approval Application (Application),
available on the Department's website at www.isp.state.il.us.
d) The
Application must be complete and accurate. Incomplete Applications will not be
accepted or processed. Upon receipt of an incomplete Application, the
Department shall notify the instructor applicant and advise what information is
missing. If an instructor applicant has not provided the missing information in
response to the Department's notification within 60 days after notice from the
Department, the Application shall be denied.
e) Applicants
must have read the Act in its entirety and understand the rules and
requirements of this Part.
f) Applicants
must meet all of the requirements of Section 30 of the Act.
g) Upon
completing and submitting the Application electronically, the applicant must
print the Application Verification Document, sign it, have it notarized, attach
the required Valid Firearms Instructor Certifications, and submit the
Certification documents to:
Illinois State Police
Concealed Carry Firearms
Instructor Approval
P.O. Box 19333
Springfield IL 62724
(Source: Amended at 38 Ill.
Reg. 19282, effective September 12, 2014)
Section 1231.30 Instructor Approval Revocation
a) Revocation
or expiration of either the FOID Card or FCCL shall result in the immediate revocation
of the Instructor's approval.
b) The
Department may revoke an Instructor's approval upon receiving substantiated information
that the Instructor is not teaching the curriculum in a manner consistent with
Section 75 of the Act.
c) The
Department may, without providing prior notice, audit an Instructor's scheduled
training for purposes of investigating allegations that an Instructor and/or
curriculum is not in compliance with the Act and this Part.
1) To
facilitate an adequate audit trail, instructors shall maintain all records to
support any training certification as required by Section 75(f) of the Act,
which shall include:
A) copies
of training certificates currently accepted to satisfy the prior training
credit submitted by students; and
B) written training rosters
that shall include:
i) instructor's
name and CCT number;
ii) curriculum name and
CCC number;
iii) student's full legal
name;
iv) student's date of
birth;
v) student's address;
vi) student's phone number;
vii) total
hours attended, broken down to identify hours per topic covered as approved in Section
1231.40;
viii) pass/fail live fire
qualification; and
ix) an
indication of yes/no on issuance of ISP CCL training certificate, which shall
serve as proof of completion of training.
d) Complaints
regarding Instructors may be made by contacting the Department (see the
Department's website at www.isp.state.il.us).
e) Upon revocation
of an Instructor's approval, the Instructor's name and information shall be
removed from the registry of approved Instructors maintained by the Department
and available on its website.
f) Once
an Instructor's approval is revoked and the Department issues a letter of
revocation to the Instructor, the Instructor may appeal the revocation to the
Director of the Department and present evidence that the factors resulting in
the revocation have been resolved. If the Director determines that the
revocation of approval was not warranted, or that the issues that resulted in
revocation have been remedied, the Instructor's approval shall be reinstated,
the Instructor shall be notified and the name of the Instructor shall be
restored to the registry of approved Instructors.
(Source: Amended at 38 Ill.
Reg. 19282, effective September 12, 2014)
Section 1231.40 Curriculum Approval
a) Application
for curriculum approval shall be made by completing and submitting a Request
for Approval of a Concealed Carry License Firearms Curriculum form, which is
available on the Department's website.
b) The
application must be complete, accurate, signed, and notarized. If the
application is not completed properly, it will be returned to the applicant and
will not be processed.
c) The
applicant shall verify that the proposed curriculum meets the requirements set
forth in the Act and that the course will be taught in person, as described in
this Section.
d) Training
necessary for issuance of the FCCL shall consist of 16 hours of classroom and
firearm training. Pursuant to Section 75(g), (h) and (i) of the Act, fewer
hours of training, or no additional training, will be acceptable in certain
instances (see Appendix B) indicating prior firearms training.
1) A 16
hour training course must, at a minimum, cover the following topics:
A) Firearms
Safety − a minimum of 1 hour;
B) Basic
Principles of Marksmanship − a minimum of 1 hour;
C) Care,
Cleaning, Loading and Unloading of a Concealable Firearm − a minimum of 1
hour;
D) All
Applicable State and Federal Laws Relating to the Ownership, Storage, Carry and
Transportation of a Firearm and appropriate and lawful interaction with law
enforcement while transporting or carrying a concealed firearm − a
minimum of 2 hours; and
E) Weapons
Handling − a minimum of 1 hour.
2) An 8
hour training course must, at a minimum, cover the following topics:
A) All
Applicable State and Federal Laws Relating to the Ownership, Storage, Carry and
Transportation of a Firearm and appropriate and lawful interaction with law
enforcement while transporting or carrying a concealed firearm − a
minimum of 2 hours; and
B) Weapons
Handling − a minimum of 1 hour.
3) For
the topics to be included in the 16 hour and 8 hour training courses, the
minimum hours established in this subsection (d) have been determined to be
sufficient for the experienced shooter and shall be adjusted upward by the
approved instructor based upon the skill level of those to be trained to ensure
proficiency by all upon the completion of the required training component.
e) A 3
hour licensure renewal course must, at a minimum, cover the following topics:
1) Two
hours to cover:
A) any
updates to Illinois or federal firearms laws governing concealed carry in
Illinois;
B) updates
in the Criminal Code Sections listed in Section 1231.10; and
C) appropriate
and lawful interaction with law enforcement while transporting or carrying a
concealed firearm; and
2) One
hour of instruction to include a live fire qualification with a concealable
firearm using a B-27 silhouette target consisting of a minimum of 30 rounds and
10 rounds from a distance of 5 yards, 10 rounds from a distance of 7 yards and
10 rounds from a distance of 10 yards.
f) The
Department may request a complete course outline and instructional notes or any
additional course related information from the applicant. If the applicant
refuses the request, the application will be deemed incomplete and returned to
the applicant.
g) Once
approved by the Department, the curriculum may only be taught by an Instructor
approved by the Department under Section 1231.20 who is listed on the registry
of approved Instructors.
h) Upon
receiving substantiated information that a curriculum is not consistent with
Section 75 of the Act, the Department may remove that curriculum from the list
of approved curriculums maintained on the Department's website.
i) Once
a curriculum is removed from the list of approved curricula, the decision to
remove the curriculum from the list may be appealed to the Director of the Department
and evidence must be presented that the factors resulting in the revocation
have been resolved. If the Director determines that the removal of the
curriculum from the list was not warranted, or that the issues that resulted in
that removal have been remediated, the curriculum approval shall be reinstated
to the list.
Section 1231.50 Training Certification
a) Approved
Instructors shall complete for FCCL applicants the Department's Concealed Carry
Firearms Training Certification form, which is available on the Department's
website.
b) The
Certification form shall only be completed for those FCCL applicants who the Instructor
trained in person for whom the Instructor can verify:
1) successful
completion of the appropriate Department approved curriculum; or
2) that
the FCCL applicant has already successfully completed training through a
Department approved curriculum.
c) On the Certification
form, the Instructor shall:
1) certify
the number of hours the FCCL applicant successfully completed; and
2) provide
the unique identification number assigned by the Department to the approved
curriculum and the Instructor.
d) For
those FCCL applicants who provided proof of up to 8 hours of training already
completed toward the 16 hours training, the Instructor shall:
1) verify
the aggregate number of hours for which the FCCL applicant provided proof of
instruction in Firearms Safety, Basic Principles of Marksmanship, and Care,
Cleaning, Loading and Unloading of a Concealable Firearm, based upon a list
provided by the Department of accepted training courses, and provide the
necessary additional hours of training to equal 16 hours total;
2) certify
whether the FCCL applicant successfully completed the 8 hours training required
by Section 1231.40; and
3) identify
which prior training credits the Instructor verified, as identified on the
Department's Concealed Carry Firearm Training Certification form.
e) The Instructor
may certify up to 8 hours of prior training, consistent with Section 75 of the
Act. The prior training may be substituted for no more than the following
number of hours in any of the topics required by Section 1231.40(d)(2):
1) Firearms
Safety − a maximum of 2 classroom hours;
2) Basic
Principles of Marksmanship − a maximum of 3 classroom and range hours;
and
3) Care,
Cleaning, Loading and Unloading of a Concealable Firearm − a maximum of 3
classroom and range hours.
(Source: Amended at 38 Ill.
Reg. 19282, effective September 12, 2014)
Section 1231.60 Issuance of License
a) An FCCL shall expire 5 years after the date of issuance.
b) The Department
shall, 180 days prior to the expiration of an FCCL, forward to the last known address of each person whose FCCL is set to expire
a notification of the expiration
and instructions for renewal. If the person whose FCCL is set to expire has
opted to receive electronic communications from the Department in accordance
with Section 100(d)(1), then this notification will be sent via e-mail or text
message.
c) The Department shall make
applications available via its website no later than January 5, 2014. No later
than January 1, 2022, the Department will provide an alternative to the
web-based application process for Illinois residents who have limited or no
access to the web-based application process by providing customer service
kiosks at designated locations throughout the State.
1) Assistance
with completing the application is available at all customer service kiosks.
The locations of kiosks are available on the Department's website or by
contacting the Firearm Services Bureau Call Center at (217) 782-7180.
2) Paper
applications, which may be obtained by contacting the Firearm Services Bureau
Call Center, will only be accepted from applicants with appropriate proof they
are unable to apply either on the internet or at a customer service kiosk due
to religion or disability. Proof of disability includes, but is not limited
to, documentation from:
A) the
Social Security Administration;
B) the
Illinois Workers' Compensation Commission;
C) the
U.S. Department of Defense;
D) an
insurer authorized to transact business in Illinois who is providing disability
insurance coverage; or
E) a
physician or health care provider licensed in this State and is in the position
to know the applicant's medical condition.
d) Applicants
submitting fingerprints shall do so electronically by submitting a full set of
fingerprints to the Department in an electronic format using a Live Scan vendor
licensed by the Department of Financial and Professional Regulation or a law
enforcement agency registered by the Department. Manual fingerprints will not
be accepted.
e) Upon
receiving a Live Scan Fingerprint Transaction Control Number (TCN) from the
licensed Live Scan vendor or law enforcement agency, the applicant shall
electronically complete and submit the FCCL to the Department.
f) The
TCN for FCCL applicants will have a unique purpose code for the FCCL
application process. Concealed Carry Firearm Instructors may use the
TCN previously obtained for the instructor application process. No other
previously obtained TCNs may be used unless the purpose code is approved for
FOID or FCCL use under federal law.
g) The
database of FCCL applicants maintained by the Department pursuant to Section
10(i) of Act shall be exempt from FOIA pursuant to FOIA Section 7.5(v) [5 ILCS
140/7.5(v)].
1) Persons
authorized to access the database shall register with the Department to obtain
a unique password granting them secure access to the database.
2) The
entity employing persons requesting access to the database shall appoint a
person to act as the entity's point of contact and shall enter into an
agreement with the Department defining the security protocols of the database
and access to the database.
h) Upon
the development of a system under which an electronic version of an FCCL can be
displayed on a mobile telephone other portable electronic device, the
possession of that electronic version shall satisfy the requirements of Section
10(c) of the Act regarding possession of an FCCL so long as the device contains
all security features required by the Department to ensure electronic version
is current and accurate.
(Source:
Amended at 46 Ill. Reg. 1081, effective December 21, 2021)
Section 1231.70 Objections
a) Criminal
history background checks for all FCCL applicants will be conducted by the
Department. Law enforcement officials who wish to raise an objection to an
FCCL applicant shall not use LEADS to run background checks to determine FCCL
eligibility.
b) Law
enforcement officials may submit objections outside of the criminal history
background check procedure via an electronic objection process available on the
Department's website. Manual submissions and LEADS information will not be
accepted.
1) Law
enforcement officials submitting an objection shall provide a narrative
outlining the detailed reason for the objection.
2) Law
enforcement officials submitting an objection shall attach any available documentation,
other than information obtained from LEADS, supporting their objection.
c) The
Department may deny an application based upon a disqualifier identified
pursuant to Section 25 of the Act; however, the local law enforcement official
shall be permitted to submit objections for the duration of the objection
period prescribed by Section 15 of the Act.
d) If, upon
or after receiving an objection from a local law enforcement official, an FCCL
applicant is disqualified through the criminal history background check conducted
under Section 25 of the Act, the Department will maintain a record of those
objections. The objections will not be forwarded to the Concealed Carry
Licensing Review Board for further consideration.
Section 1231.80 Review Board
a) The
Concealed Carry Licensing Review Board is part of the criminal justice process
responsible for reviewing an FCCL applicant's criminal history record and
eligibility.
b) Applicants
disqualified pursuant to Section 25 of the Act shall not be referred to the
Concealed Carry Licensing Review Board.
c) If
the applicant is subject to review pursuant to Section 20 of the Act, the
Department will make the results of the applicant's State criminal history
background check and federal and out-of-state fingerprint-based criminal
history background check, as well as any local law enforcement objections,
available to the Concealed Carry Licensing Review Board.
d) The
Concealed Carry Licensing Review Board shall provide the Department with its
final decision on each applicant in an electronic report authored by the
Chairperson of the Board.
Section 1231.90 Qualifications for a License
a) Applicants
shall meet the requirements of Sections 25 and 30 of the Act, as well as
Sections 4 and 8 of the FOID Act.
b) FCCL
applicants who are Illinois residents must have a valid FOID Card. Illinois
residents who have applied for a FOID Card may apply for an FCCL before the
FOID Card is issued. The Department will not approve the FCCL application until
the applicant has been issued a FOID Card. If the FCCL applicant's FOID Card
application is denied, the FCCL fee is not refundable (see Section 60(a) of the
Act).
c) The
Department shall deny the FCCL application for any FCCL applicant who is
prohibited under State or federal law from possessing or receiving a firearm.
Section 1231.100 Application
a) The
application shall include the information required in Sections 25 and 30 of the
Act, as well as the information required in Sections 4, 8, and 8.2 of the FOID
Act. The application shall also include the FCCL applicant's citizenship, race,
gender, phone number, e-mail address (if available) and state of residence. For
Illinois residents, the application shall include the FCCL applicant's driver's
license or identification card number and its expiration date.
b) As
part of the application process and pursuant to Section 30(b)(10) of the Act,
FCCL applicants must electronically upload proof of compliance (e.g., training
certificates; official documentation from the employing agency demonstrating
that the applicant is an active law enforcement or corrections officer, has
completed required firearms training, and is authorized to carry a firearm;
official documentation from the Department approving the Concealed Carry
Firearm Instructor's application that includes the Instructor Number; official
documentation from the Illinois Law Enforcement Training and Standards Board;
printouts from the Illinois Department of Financial and Professional
Regulations' "License Look-up" that includes the licensee's name,
license number and license status; etc.) with the training requirements of
Section 75 of the Act. For every certificate submitted, FCCL applicants must
include the Instructor's name and contact number and the name of the approved
curriculum, as well as the unique identification numbers assigned by the
Department to the instructor and the curriculum.
c) All information
required pursuant to Section 30 of the Act as made available by the Department
on its website shall be submitted electronically as part of the FCCL
application, including but not limited to, any certifications regarding
qualifications for a license under penalty of perjury.
1) All applications pending on
January 1, 2022, will be processed by the Department without further fee to the
applicant if all fees as set forth in Section 1231.140 have been previously
paid.
2) However,
if an application is incomplete or inaccurate, the applicant will be subject to
subsections (f) and (g).
d) FCCL
applicants shall select whether they prefer to receive Department FCCL related
notifications via e-mail, text message, or written notification.
1) Applicants
will be prompted to indicate how they wish to receive future communications,
messages, and alerts using the applicant portal.
2) If
selecting e-mail or text messaging notifications, applicants shall opt out of
first-class mail communication and provide a current e-mail address or cellular
phone number to the Department as part of the application process and are
responsible for checking the e-mail address and cellular phone number provided
for correspondence from the Department regarding the application.
3) The
Department will require persons who select electronic communication to consent
to accept service by electronic means of all notes, orders, pleadings, and
motions filed in this matter in lieu of service by certified or regular mail.
A) The
person will be prompted to accept electronic service through the application
portal.
B) Service
shall be made upon the party's email address provided through the applicant
portal.
e) If
any of the FCCL applicant's contact information changes, including but not
limited to the applicant's e-mail address or cellular number, the FCCL
applicant shall amend the applicant's application to notify the Department of
the corrected contact information.
f) An
application is complete if it contains all of the information and materials
required by this Act, as well as the requisite fee which shall include a
processing fee. Upon receipt of an incomplete application, the Department
shall notify the FCCL applicant and advise the applicant as to what information
is missing. The application shall not be deemed complete and the provisions of
Section 10(e) of the Act shall not apply until the FCCL applicant provides a
complete application including the requested missing information.
g) If an
FCCL applicant has not provided the missing information in response to the
Department's notification within 60 days after notice from the Department, the
application shall be denied.
(Source:
Amended at 46 Ill. Reg. 1081, effective December 21, 2021)
Section 1231.110 Non-Resident Application
a) Pursuant
to Section 40(b) of the Act, non-resident FCCL applications will only be
accepted from persons licensed or permitted to carry firearms, concealed or
otherwise, in public, in a substantially similar state.
b) The
Department shall post on its website a list of all states determined to be
substantially similar.
c) The
Department shall determine which states are substantially similar, as defined
in Section 1231.10, to Illinois in their manner of regulating concealed carry
of firearms by surveying all other states.
d) Non-resident
FCCL applicants shall obtain a non-resident eligibility affidavit from the
Department's website.
1) The
affidavit must be completed and notarized by all non-resident FCCL applicants.
2) A
copy of the affidavit must be submitted as an electronic attachment to the
non-resident's FCCL application through the on-line application process.
3) The
original affidavit with notary stamp must be retained by the non-resident FCCL
applicant and provided to the Department upon request.
e) FCCL
applicants applying under the non-immigrant visa exception to the FOID Act (see
430 ILCS 65/8(i-5) and 20 Ill. Adm. Code 1231.20(g)) shall provide a letter
from their foreign government stating the purpose for travel to Illinois, the
date the applicant's non-immigrant visa expires, and the need for the FOID Card,
or a waiver from this provision granted by the U.S. Attorney General.
f) All
documentation required by Section 40(c) and (d) of the Act shall be submitted
to the Department electronically by uploading it as an attachment to the
non-resident's FCCL application.
Section 1231.120 Renewal
All information required pursuant to Section 50 of the Act
as made available by the Department on its website shall be submitted
electronically as a part of the FCCL renewal application, including but not
limited to, any certifications regarding qualifications for a license under
penalty of perjury. Licensees eligible for a paper application pursuant to
1230.20(a)(2), may contact the Firearms Services Bureau Call Center. A renewal
application is complete if it contains all of the information and materials
required by the Act, as well as the requisite fee which shall include a
processing fee.
a) FCCL
renewal applicants may submit a full set of fingerprints to the Department in
an electronic format using a Live Scan vendor licensed by the Department of
Financial and Professional Regulation or a law enforcement agency registered by
the Department if the renewal applicant did not do so at the time of the
applicant's original FCCL application.
1) Renewal
fingerprints must comply with the provisions set forth in Section 1231.60.
2) FCCL
renewal applicants who submitted fingerprints at the time of their original
FCCL application need not submit additional sets of fingerprints upon renewal.
b) The
Department will grant or deny an FCCL renewal application no later than 90 days
after receipt of a completed application, except that the Department is granted
by Section 30(b)(8) of the Act 30 days in addition to the 90 days if the
applicant has not previously submitted a full set of fingerprints in electronic
format.
c) Conditional
Renewal During a Gubernatorial Disaster Proclamation
1) Any FCCL that expires during a Gubernatorial Disaster
Proclamation issued pursuant to Section 7 of the Illinois Emergency Management
Act [20 ILCS 3305] shall be considered conditionally renewed provided that the:
A) application is submitted for
renewal pursuant to the requirements of Sections 30, 40 and 50 of the Act while
a statewide Gubernatorial Disaster Proclamation is in effect;
B) applicant has an active FOID
card pursuant to the requirements of Sections 4, 5, 8 and 8.2 of the FOID Act;
and
C) applicant's FCCL card is not
subject to revocation pursuant to the provisions of Section 70 of the Act.
2) Any conditionally renewed FCCL
card shall be deemed valid for the purposes of possessing and carrying
firearms, unless the FCCL card is subject to revocation or suspension under
Section 70 of the Act.
3) The validity of a FCCL card
during a conditional renewal period will be reflected in any inquiry into the
Department's database of license applicants and licensees that is available to
all federal, state, and local law enforcement agencies, State's Attorneys, the
Attorney General, and authorized court personnel.
4) Conditionally renewed licenses
shall remain active until a new FCCL card is issued.
d) Any renewed FCCL card expires 5
years from the date of issuance.
(Source:
Amended at 46 Ill. Reg. 1081, effective December 21, 2021)
Section 1231.130 Change Requests
The notification requirements of Section 55 of the Act shall
be made by the licensee through an online process established by the Department
and available on its website. Licensees eligible for a paper application
pursuant to 1230.20(a)(2), may contact the Firearms Services Bureau for
assistance with Change Requests.
a) The acknowledgement
that the FCCL is no longer in the licensee's possession required by the Act shall
be made through the online FOID/CCL system that is available on the
Department's website.
b) Any
information required pursuant to Section 55 of the Act, as made available by
the Department on its website, including but not limited to, any certifications
regarding qualifications for a license under penalty of perjury, shall be
submitted electronically.
c) Where
required, submission of the acknowledgement and any information via the online
FOID/CCL system shall serve as a record of the required notification.
d) Upon
receipt of an incomplete change request, the Department shall notify the FCCL
applicant and advise what information is missing. If an FCCL applicant has not
provided the missing information in response to the Department's notification
within 60 days after notice from the Department, the request shall be denied.
(Source: Amended at 46 Ill. Reg. 1081,
effective December 21, 2021)
Section 1231.140 Fees
a) FCCL
applicants shall pay the fee required by Section 60 of the Act, in full, when
submitting their application.
b) All application
fees shall be collected using the Illinois State Treasurer's E-Pay program,
which is linked to the electronic FCCL application on the DSP website. A
convenience fee will be charged in accordance with the Illinois State Treasurer's
E-Pay program.
c) Application,
renewal and replacement fees are non-refundable.
d) All
fees collected for criminal history records checks required by Section 35 of
the Act will be collected by the licensed Live Scan Vendors or local law
enforcement agencies at the time of fingerprinting and transmitted to the
Department for deposit in the State Police Services Fund. A convenience fee may
be charged by the licensed Live Scan Vendors or local law enforcement agencies
as provided by Section 31-5 of the Private Detective, Private Alarm, Private
Security, Fingerprint Vendor, and Locksmith Act of 2004 [225 ILCS 447/31-5].
Section 1231.150 Prohibited Areas
Section 65 of the Act specifies areas where concealed carry
of firearms is prohibited and requires posting of those areas.
a) A
template for signs required pursuant to Section 65(d) of the Act is provided in
Appendix A and is available on the Department's website.
b) Owners
of prohibited areas may utilize signage larger in size than the template
provided, at their discretion. If prohibited areas use a larger sign, the
template provided shall be reproduced somewhere on the larger sign no smaller
than the 4" x 6" dimension required by the Act.
c) Prohibited
areas may include additional language on their signs. If prohibited areas
include additional language, the template provided shall be reproduced somewhere
on the larger sign no smaller than the 4" x 6" dimension required by
the Act.
d) The
required signs shall be clearly and conspicuously posted at the entrance of the
building, premises or real property. The sign shall provide persons entering
the property notice that they are entering a prohibited area in which, pursuant
to the Act, they shall not carry a concealed firearm.
Section 1231.160 FCCL Suspension, Revocation and Cancellation
a) Section
70 of the Act specifies violations resulting in suspension, revocation or cancellation
of an FCCL.
1) Whenever
a FOID Card is suspended pursuant to 20 Ill. Adm. Code 1230. 50 (Return of FOID
Card – Applicant) and the FOID Card holder has an FCCL, the FCCL shall be
suspended for the duration of the FOID Card suspension.
2) Upon
reinstatement of a previously suspended FOID Card, the FCCL shall be reinstated
as well.
3) Whenever
a FOID Card is expired and the Department has not received a renewal
application from a licensee, the FCCL shall not be renewed and shall be placed
in a suspended status for a period of up to one year to allow the licensee to
renew their FOID Card.
b) The
Department will provide written notice to the licensee of a suspension,
revocation or cancellation.
c) The
license of a person in violation of Section 70(d) or (e) of the Act will be
suspended for a period of 6 months upon conviction of the second violation and
shall be permanently revoked for a third violation.
d) Surrender/Seizure
of an FCCL
1) A
person whose FCCL has been revoked or suspended shall surrender the FCCL to the
local law enforcement agency where the person resides within 48 hours after
receiving notice of the revocation or suspension except as provided in this
subsection (d)(1).
A) If the
revoked or suspended licensee has been issued a combined FOID card with FCCL Designator,
the licensee does not need to surrender licensee's combined FOID card if the
FOID card remains active.
B) If the
licensee's FCCL is suspended because the licensee's FOID card has been
suspended and the licensee has not been issued a combined FOID card with FCCL Designator,
the licensee shall surrender the FCCL to the law enforcement agency or person
listed on the Firearm Disposition Record consistent with 20 Ill. Adm. Code
1230.50 (Return of FOID Card – Applicant) regardless of whether the person
issued the FOID card owns or possesses firearms.
2) The
FCCL revocation or suspension will be reflected in the Illinois State Police's
online FOID/FCCL system.
3) If
the licensee whose FCCL has been revoked or suspended fails to comply with the
requirements of this subsection, the law enforcement agency where the person
resides may petition the circuit court to issue a warrant to search for and
seize the FCCL.
4) Upon
receipt of a surrendered FCCL, the local law enforcement agency shall confirm
that the license is revoked or suspended and destroy it. If the license has
not been revoked or suspended, it shall be returned to the licensee.
(Source:
Amended at 46 Ill. Reg. 1081, effective December 21, 2021)
Section 1231.170 Appeals
a) Appeals
to CCLRB
An individual whose application
for an FCCL is denied or whose FCCL is suspended or revoked may petition the
Department for relief unless the denial is based upon a determination of the
CCLRB. A denial based upon a determination of the CCLRB may be appealed
through petition to the circuit court in the county of the applicant's
residence, pursuant to Section 87(a) of the Act.
1) In
the event relief is denied by the circuit court in the county of the
applicant's residence, a new application from the petitioner will not be
accepted for two years after the date of the last denial unless directed to do
so by a court with appropriate jurisdiction.
2) If
the applicant does not appeal to a circuit court within 35 days from the date
the denial was served, 60 days after the date of denial, the applicant may
request that the Department reset the application one time within two years after
the date of the denial.
A) No
additional request to reset the application will be permitted.
B) If no
appeal is made and a request to reset the application is not received, the
application will automatically be reset once within two years after the date of
the denial.
b) Informal
Relief Proceeding
1) Individuals
who wish to request relief from the Department shall provide written notice to
the Department within 60 days after receipt of the notice that their FCCL
application is denied or their FCCL is revoked to begin the appeal process.
2) The
petitioner must provide to the Department any reasonable documentation
requested by the Department related to the determination for granting relief.
3) Upon
receiving complete documentation for the appeal, the Department will
investigate the circumstances surrounding the denial or revocation. If the
Director is satisfied that substantial justice has not been done through the
denial or revocation and that it is not likely that the applicant or any other
party will be injured by the granting of the relief, the Director or the
Director's designee may grant relief.
4) The
appeal process shall not begin until the Department has received all the
necessary documentation.
5) In
the event the Director or the Director's designee desires additional
information concerning the circumstances surrounding the denial or revocation
action, the Director may schedule a fact-finding conference with the petitioner
or request additional information.
6) The
Director or the Director's designee may grant or deny relief as a result of the
fact-finding conference.
7) In an
informal relief proceeding, the petitioner may be represented by counsel or
present witnesses who have direct knowledge of the circumstances of the denial
or revocation and may present any evidence or information relating to the
Department's action.
c) Formal
Administrative Hearing
1) If
the Director does not provide relief as a result of the investigation or a
fact-finding conference, the petitioner may request a formal administrative
hearing. The request for hearing must be in writing and sent to the Department's
Office of Firearms Safety.
2) The
administrative law judge (ALJ) for contested hearings shall be an attorney
licensed to practice law in Illinois appointed by the Director. The ALJ will
be disqualified upon showing of bias or conflict of interest.
3) The
procedures for the hearing shall be as described in Article 10 of the Illinois
Administrative Procedure Act [5 ILCS 100/Art. 10] and as ordered by the ALJ.
4) In
the event a final administrative decision is rendered and the relief is denied,
a new application from the petitioner will not be accepted until two years have
passed since the date of the last denial unless directed to do so by a court
with appropriate jurisdiction.
d) Administrative
Review Law
All final administrative decisions
of the Department or the CCLRB shall be subject to judicial review under the
Administrative Review Law.
(Source:
Amended at 46 Ill. Reg. 1081, effective December 21, 2021)
Section 1231.180 Law Enforcement Fingerprinting
Registration
a) Law enforcement
agencies that plan to submit to the Department Electronic Fingerprint Fee Applications
(EFFA, the application submitted by a person being electronically
fingerprinted) for FCCL applicants shall sign a memorandum of understanding
between the agency and the Department establishing the requirements of the
applicable State statutes and federal laws for the submission of non-criminal
justice fingerprint transactions to the Department or the Federal Bureau of
Investigation (FBI).
b) Fingerprint
images, a photograph of the individual being fingerprinted, and related alpha
numeric identification data shall be submitted to the Department via electronic
transmission utilizing Live Scan procedures and equipment approved by the
Department. The photograph provision will be waived for applicants with a
physical disability or ailment that could result in the taking of a photograph causing
the applicant harm in any way.
c) A law
enforcement agency's equipment and transmission of all types of transactions
shall be certified by the Department as being compatible with the Department's
systems (see 68 Ill. Adm. Code 1240).
d) All
employees responsible for taking fingerprints for the purposes of the Act shall
require each individual seeking to be fingerprinted to present primary or
secondary identification in order to be fingerprinted by the agency.
1) Primary
identification shall mean a valid driver's license or Secretary of State issued
State identification card.
2) In
the absence of a driver's license or State identification card, secondary
identification shall mean the individual seeking to be fingerprinted shall
provide at least two forms of identification within the Identity Verification
Program Guide (2006) developed and available from the National Crime Prevention
and Privacy Compact Council from the FBI website
(http://www.fbi.gov/about-us/cjis/cc/current-initiatives/identity-verification-program-guide).
e) All FCCL
applicants who submit an EFFA shall be required to sign a consent form prior to
fingerprinting. The privacy statement within the consent form shall be
approved by the Department.
f) Agencies
must maintain a record of all documentation and non-criminal justice
transactions submitted to the Department for the purpose of auditing by the Department
or the FBI and make its records available for that auditing.
g) All
employees responsible for taking fingerprints for non-criminal justice purposes
shall successfully complete a fingerprint training course conducted or
authorized by the Department.
h) Agencies
will be required to establish a fiscal account with the Department of State
Police-Bureau of Identification for the purpose of facilitating the payment of State
and FBI background checks. The agencies will be invoiced monthly for all submissions
received by the agency the prior month. The Department will not accept
individual payments from the persons printed.
Section 1231.Appendix A Prohibited Area Posting
Pursuant to Section 65(d) of the Act, signs must be of a
uniform design. The Department has adopted the following sign format. The
background is white, with no text, other than the reference to 403 ILCS 66/65,
and no other marking within the one-inch area surrounding the graphic design.
The graphic design is a handgun in black ink surrounded by a red circle with a
diagonal slash across the handgun. The circle shall be 4 inches in diameter.
The black rectangle surrounding the image must measure 4 inches tall by 6
inches wide.
The image is available on the DSP website for download.
Section 1231.Appendix B Prior Training Credit
a) Section
75(g) and (i) of the Act provides that prior handgun training can be
substituted for a portion of the training required for an FCCL. The following
is a list of training courses that qualify for prior training credit and the
amount of credit awarded for each.
b) It is
the responsibility of the Instructor to verify successful completion of prior
training and apply credit as listed. Once this credit is combined with
additional training hours provided by the Instructor, the Instructor will
certify that the 16 hour training requirement was met.
c) Instructors
should inform applicants how much credit they will receive for their prior
training and remind them the prior training certificates must be submitted with
the FCCL Training Certificate when they apply.
d) The
following are courses for which prior training credit can be awarded. This list
will be updated as additional courses are submitted and approved by the
Department.
Course Title Acceptable
Credit
Illinois Hunter Safety Course........................................................ 4
hours
Utah Concealed Carry .................................................................. 4
hours
Florida Concealed Carry............................................................... 4
hours
Nevada Concealed Carry............................................................... 4
hours
Missouri Concealed Carry............................................................. 4
hours
Kentucky Concealed Carry........................................................... 4
hours
Michigan Concealed Carry........................................................... 4
hours
Chicago Firearms Safety Course................................................... 4
hours
NRA Basic Pistol.......................................................................... 8
hours
NRA Personal Protection in the
Home......................................... 8 hours
NRA Personal Protection Outside
the Home................................ 8 hours
Active, Retired or Honorably
Discharged member of the
United States Armed Forces.......................................................... 8
hours
Prior Law Enforcement or
Corrections Officer Training
(see Section 75(j) of the Act) .................................................... 8
hours
e) Section
75(g) of the Act requires that any hours remaining after the credit has been
granted must at least cover the classroom subject matter and range
qualifications listed in Section 1231.40(d) and (e)(2).
f) To
submit training for recognition by the Department, mail the following items to
Illinois State Police, FCCL Prior Credit, Post Office Box 19333, Springfield IL
62794:
1) Basic course outline of
the training submitted; and
2) A
letter from another state indicating it recognizes the course.
(Source: Amended at 38 Ill.
Reg. 19282, effective September 12, 2014)
Section 1231.Appendix C Concealed Carry Firearm
Training Certification Form (Repealed)
(Source: Repealed at 38 Ill.
Reg. 19282, effective September 12, 2014)