99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB3433

 

Introduced 5/23/2016, by Sen. Dale A. Righter

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 66/15

    Amends the Firearm Concealed Carry Act. Provides that a law enforcement agency objection to a license applicant based upon information in an arrest or incident report must be based upon information from an investigation of the objecting law enforcement agency and not an investigation of another law enforcement agency. Provides that nothing in the Act prohibits the law enforcement agency from contacting the investigating law enforcement agency regarding the license applicant. Provides that a law enforcement agency that submits an objection to a license applicant may withdraw that objection before its submission to the Concealed Carry Licensing Review Board. Provides that the Department of State Police may review a law enforcement agency objection to a license applicant before the Department's submission of the objection to the Board. Provides that the verification shall determine: (i) if the criteria under this Act for the submission of an objection by the law enforcement agency has been met, (ii) that the objection is against the proper person, and (iii) that information relevant to the objection has been included as required by the Act. Provides that an objection failing verification shall be returned to the objecting agency and that agency shall have 10 calendar days after receiving notification from the Department that the objection failed verification to submit to the Department the required information, a response, or withdrawal of the objection. Provides that if the objecting agency fails to act on the notification within the 10 calendar days, the Department may reject the objection and process the application in accordance with the Act.


LRB099 21965 RLC 48987 b

 

 

A BILL FOR

 

SB3433LRB099 21965 RLC 48987 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Firearm Concealed Carry Act is amended by
5changing Section 15 as follows:
 
6    (430 ILCS 66/15)
7    Sec. 15. Objections by law enforcement agencies.
8    (a) Any law enforcement agency may submit an objection to a
9license applicant based upon a reasonable suspicion that the
10applicant is a danger to himself or herself or others, or a
11threat to public safety. A law enforcement agency objection to
12a license applicant based upon information in an arrest or
13incident report must be based upon information from an
14investigation of the objecting law enforcement agency and not
15an investigation of another law enforcement agency. Nothing in
16this Act prohibits the law enforcement agency from contacting
17the investigating law enforcement agency regarding the license
18applicant. The objection shall be made by the chief law
19enforcement officer of the law enforcement agency, or his or
20her designee, and must include any information relevant to the
21objection. A law enforcement agency that submits an objection
22to a license applicant may withdraw that objection before its
23submission to the Board. If a law enforcement agency submits an

 

 

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1objection within 30 days after the entry of an applicant into
2the database, the Department shall submit the objection, unless
3withdrawn or rejected as provided in this Section, and all
4information available to the Board under State and federal law
5related to the application to the Board within 10 days of
6completing all necessary background checks and a verification
7by the Department, if requested. The Department may review a
8law enforcement agency objection to a license applicant before
9the Department's submission of the objection to the Board. The
10verification shall determine: (i) if the criteria under this
11Act for the submission of an objection by the law enforcement
12agency has been met, (ii) that the objection is against the
13proper person, and (iii) that information relevant to the
14objection has been included as required by this Section. An
15objection failing verification shall be returned to the
16objecting agency and that agency shall have 10 calendar days
17after receiving notification from the Department that the
18objection failed verification to submit to the Department the
19required information, a response, or withdrawal of the
20objection. If the objecting agency fails to act on the
21notification within the 10 calendar days, the Department may
22reject the objection and process the application in accordance
23with this Act.
24    (b) If an applicant has 5 or more arrests for any reason,
25that have been entered into the Criminal History Records
26Information (CHRI) System, within the 7 years preceding the

 

 

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1date of application for a license, or has 3 or more arrests
2within the 7 years preceding the date of application for a
3license for any combination of gang-related offenses, the
4Department shall object and submit the applicant's arrest
5record to the extent the Board is allowed to receive that
6information under State and federal law, the application
7materials, and any additional information submitted by a law
8enforcement agency to the Board. For purposes of this
9subsection, "gang-related offense" is an offense described in
10Section 12-6.4, Section 24-1.8, Section 25-5, Section 33-4, or
11Section 33G-4, or in paragraph (1) of subsection (a) of Section
1212-6.2, paragraph (2) of subsection (b) of Section 16-30,
13paragraph (2) of subsection (b) of Section 31-4, or item (iii)
14of paragraph (1.5) of subsection (i) of Section 48-1 of the
15Criminal Code of 2012.
16    (c) The referral of an objection under this Section to the
17Board shall toll the 90-day period for the Department to issue
18or deny the applicant a license under subsection (e) of Section
1910 of this Act, during the period of review and until the Board
20issues its decision.
21    (d) If no objection is made by a law enforcement agency or
22the Department under this Section, the Department shall process
23the application in accordance with this Act.
24(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.)