101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5059

 

Introduced 2/18/2020, by Rep. Brad Halbrook

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 66/10

    Amends the Firearm Concealed Carry Act. Provides that if an officer of a law enforcement agency initiates an investigative stop, including but not limited to a traffic stop, of a licensee or a non-resident carrying a concealed firearm, the licensee or non-resident shall disclose to the officer that he or she is in possession of a concealed firearm under the Act and present his or her concealed carry license to the officer if he or she is a licensee or present to the officer evidence that he or she is a non-resident qualified to carry under the Act (rather than providing this information upon the request of the officer). Provides that the licensee or non-resident shall also identify the location of the concealed firearm (rather than providing this information upon request of the officer).


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A BILL FOR

 

HB5059LRB101 16594 RLC 65978 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 10 as follows:
 
6    (430 ILCS 66/10)
7    Sec. 10. Issuance of licenses to carry a concealed firearm.
8    (a) The Department shall issue a license to carry a
9concealed 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
19duplicate license as provided in this Act.
20    (c) A license shall be valid throughout the State for a
21period of 5 years from the date of issuance. A license shall
22permit 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
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
6available no later than 180 days after the effective date of
7this Act. The Department shall establish rules for the
8availability and submission of applications in accordance with
9this Act.
10    (e) An application for a license submitted to the
11Department that contains all the information and materials
12required by this Act, including the requisite fee, shall be
13deemed completed. Except as otherwise provided in this Act, no
14later than 90 days after receipt of a completed application,
15the Department shall issue or deny the applicant a license.
16    (f) The Department shall deny the applicant a license if
17the applicant fails to meet the requirements under this Act or
18the Department receives a determination from the Board that the
19applicant is ineligible for a license. The Department must
20notify the applicant stating the grounds for the denial. The
21notice of denial must inform the applicant of his or her right
22to an appeal through administrative and judicial review.
23    (g) A licensee shall possess a license at all times the
24licensee carries a concealed firearm except:
25        (1) when the licensee is carrying or possessing a
26    concealed firearm on his or her land or in his or her

 

 

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1    abode, legal dwelling, or fixed place of business, or on
2    the land or in the legal dwelling of another person as an
3    invitee with that person's permission;
4        (2) when the person is authorized to carry a firearm
5    under Section 24-2 of the Criminal Code of 2012, except
6    subsection (a-5) of that Section; or
7        (3) when the handgun is broken down in a
8    non-functioning state, is not immediately accessible, or
9    is unloaded and enclosed in a case.
10    (h) If an officer of a law enforcement agency initiates an
11investigative stop, including but not limited to a traffic
12stop, of a licensee or a non-resident carrying a concealed
13firearm under subsection (e) of Section 40 of this Act, upon
14the request of the officer the licensee or non-resident shall
15disclose to the officer that he or she is in possession of a
16concealed firearm under this Act and , or present his or her
17concealed carry the license to upon the request of the officer
18if he or she is a licensee or present to upon the request of the
19officer evidence under paragraph (2) of subsection (e) of
20Section 40 of this Act that he or she is a non-resident
21qualified to carry under that subsection. The disclosure
22requirement under this subsection (h) is satisfied if the
23licensee presents his or her license to the officer or the
24non-resident presents to the officer evidence under paragraph
25(2) of subsection (e) of Section 40 of this Act that he or she
26is qualified to carry under that subsection. The Upon the

 

 

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1request of the officer, the licensee or non-resident shall also
2identify the location of the concealed firearm and permit the
3officer to safely secure the firearm for the duration of the
4investigative stop. During a traffic stop, any passenger within
5the vehicle who is a licensee or a non-resident carrying under
6subsection (e) of Section 40 of this Act must comply with the
7requirements of this subsection (h).
8    (h-1) If a licensee carrying a firearm or a non-resident
9carrying a firearm in a vehicle under subsection (e) of Section
1040 of this Act is contacted by a law enforcement officer or
11emergency services personnel, the law enforcement officer or
12emergency services personnel may secure the firearm or direct
13that it be secured during the duration of the contact if the
14law enforcement officer or emergency services personnel
15determines that it is necessary for the safety of any person
16present, including the law enforcement officer or emergency
17services personnel. The licensee or nonresident shall submit to
18the order to secure the firearm. When the law enforcement
19officer or emergency services personnel have determined that
20the licensee or non-resident is not a threat to the safety of
21any person present, including the law enforcement officer or
22emergency services personnel, and if the licensee or
23non-resident is physically and mentally capable of possessing
24the firearm, the law enforcement officer or emergency services
25personnel shall return the firearm to the licensee or
26non-resident before releasing him or her from the scene and

 

 

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1breaking contact. If the licensee or non-resident is
2transported for treatment to another location, the firearm
3shall be turned over to any peace officer. The peace officer
4shall provide a receipt which includes the make, model,
5caliber, and serial number of the firearm.
6    (i) The Department shall maintain a database of license
7applicants and licensees. The database shall be available to
8all federal, State, and local law enforcement agencies, State's
9Attorneys, the Attorney General, and authorized court
10personnel. Within 180 days after the effective date of this
11Act, the database shall be searchable and provide all
12information included in the application, including the
13applicant's previous addresses within the 10 years prior to the
14license application and any information related to violations
15of this Act. No law enforcement agency, State's Attorney,
16Attorney General, or member or staff of the judiciary shall
17provide any information to a requester who is not entitled to
18it by law.
19    (j) No later than 10 days after receipt of a completed
20application, the Department shall enter the relevant
21information about the applicant into the database under
22subsection (i) of this Section which is accessible by law
23enforcement agencies.
24(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-29,
25eff. 7-10-15.)