98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5986

 

Introduced , by Rep. Charles E. Meier

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 66/10

    Amends the Firearm Concealed Carry Act. If a concealed carry licensee carrying a firearm or a non-resident carrying a firearm in a vehicle as provided in the Act is contacted by emergency services personnel, the emergency services personnel may secure the firearm or direct that it be secured during the duration of the contact if the emergency services personnel determines that it is necessary for the safety of any person present, including the emergency services personnel. Provides that the licensee or nonresident shall submit to the order to secure the firearm. Provides that when emergency services personnel have determined that the licensee or non-resident is not a threat to the safety of any person present, including emergency services personnel, and if the licensee or non-resident is physically and mentally capable of possessing the firearm, the emergency services personnel shall return the firearm to the licensee or non-resident before releasing him or her from the scene and breaking contact. Provides that if the licensee or non-resident is transported for treatment to another location, the firearm shall be turned over to any peace officer. Provides that the peace officer shall provide a receipt which includes the make, model, caliber, and serial number of the firearm.


LRB098 18677 RLC 53820 b

 

 

A BILL FOR

 

HB5986LRB098 18677 RLC 53820 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, present the license upon the
17request of the officer if he or she is a licensee or present
18upon the request of the officer evidence under paragraph (2) of
19subsection (e) of Section 40 of this Act that he or she is a
20non-resident qualified to carry under that subsection, and
21identify the location of the concealed firearm. During a
22traffic stop, any passenger within the vehicle who is a
23licensee or a non-resident carrying under subsection (e) of
24Section 40 of this Act must comply with the requirements of
25this subsection (h).
26    (h-1) If a licensee carrying a firearm or a non-resident

 

 

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1carrying a firearm in a vehicle under subsection (e) of Section
240 of this Act is contacted by emergency services personnel,
3the emergency services personnel may secure the firearm or
4direct that it be secured during the duration of the contact if
5the emergency services personnel determines that it is
6necessary for the safety of any person present, including the
7emergency services personnel. The licensee or nonresident
8shall submit to the order to secure the firearm. When emergency
9services personnel have determined that the licensee or
10non-resident is not a threat to the safety of any person
11present, including emergency services personnel, and if the
12licensee or non-resident is physically and mentally capable of
13possessing the firearm, the emergency services personnel shall
14return the firearm to the licensee or non-resident before
15releasing him or her from the scene and breaking contact. If
16the licensee or non-resident is transported for treatment to
17another location, the firearm shall be turned over to any peace
18officer. The peace officer shall provide a receipt which
19includes the make, model, caliber, and serial number of the
20firearm.
21    (i) The Department shall maintain a database of license
22applicants and licensees. The database shall be available to
23all federal, State, and local law enforcement agencies, State's
24Attorneys, the Attorney General, and authorized court
25personnel. Within 180 days after the effective date of this
26Act, the database shall be searchable and provide all

 

 

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1information included in the application, including the
2applicant's previous addresses within the 10 years prior to the
3license application and any information related to violations
4of this Act. No law enforcement agency, State's Attorney,
5Attorney General, or member or staff of the judiciary shall
6provide any information to a requester who is not entitled to
7it by law.
8    (j) No later than 10 days after receipt of a completed
9application, the Department shall enter the relevant
10information about the applicant into the database under
11subsection (i) of this Section which is accessible by law
12enforcement agencies.
13(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.)