Illinois General Assembly - Full Text of HB2452
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB2452  102nd General Assembly

HB2452 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2452

 

Introduced 2/19/2021, by Rep. Norine K. Hammond

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 66/10

    Amends the Firearm Concealed Carry Act. Provides that the Illinois State Police shall notify the applicant for a concealed carry license, electronically, if his or her application has been accepted. Provides that if an applicant for a concealed carry license submits his or her application electronically, the Illinois State Police shall notify the applicant electronically if his or her application is missing information or materials.


LRB102 13428 RLC 18772 b

 

 

A BILL FOR

 

HB2452LRB102 13428 RLC 18772 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
8firearm.
9    (a) The Department shall issue a license to carry a
10concealed firearm under this Act to an applicant who:
11        (1) meets the qualifications of Section 25 of this
12    Act;
13        (2) has provided the application and documentation
14    required in Section 30 of this Act;
15        (3) has submitted the requisite fees; and
16        (4) does not pose a danger to himself, herself, or
17    others, or a threat to public safety as determined by the
18    Concealed Carry Licensing Review Board in accordance with
19    Section 20.
20    (b) The Department shall issue a renewal, corrected, or
21duplicate license as provided in this Act.
22    (c) A license shall be valid throughout the State for a
23period of 5 years from the date of issuance. A license shall

 

 

HB2452- 2 -LRB102 13428 RLC 18772 b

1permit the licensee to:
2        (1) carry a loaded or unloaded concealed firearm,
3    fully concealed or partially concealed, on or about his or
4    her person; and
5        (2) keep or carry a loaded or unloaded concealed
6    firearm on or about his or her person within a vehicle.
7    (d) The Department shall make applications for a license
8available no later than 180 days after the effective date of
9this Act. The Department shall establish rules for the
10availability and submission of applications in accordance with
11this Act.
12    (e) An application for a license submitted to the
13Department that contains all the information and materials
14required by this Act, including the requisite fee, shall be
15deemed completed. Except as otherwise provided in this Act, no
16later than 90 days after receipt of a completed application,
17the Department shall issue or deny the applicant a license.
18The Illinois State Police shall notify the applicant for a
19concealed carry license, electronically, if his or her
20application has been accepted. If an applicant for a concealed
21carry license submits his or her application electronically,
22the Illinois State Police shall notify the applicant
23electronically if his or her application is missing
24information or materials.
25    (f) The Department shall deny the applicant a license if
26the applicant fails to meet the requirements under this Act or

 

 

HB2452- 3 -LRB102 13428 RLC 18772 b

1the Department receives a determination from the Board that
2the applicant is ineligible for a license. The Department must
3notify the applicant stating the grounds for the denial. The
4notice of denial must inform the applicant of his or her right
5to an appeal through administrative and judicial review.
6    (g) A licensee shall possess a license at all times the
7licensee carries a concealed firearm except:
8        (1) when the licensee is carrying or possessing a
9    concealed firearm on his or her land or in his or her
10    abode, legal dwelling, or fixed place of business, or on
11    the land or in the legal dwelling of another person as an
12    invitee with that person's permission;
13        (2) when the person is authorized to carry a firearm
14    under Section 24-2 of the Criminal Code of 2012, except
15    subsection (a-5) of that Section; or
16        (3) when the handgun is broken down in a
17    non-functioning state, is not immediately accessible, or
18    is unloaded and enclosed in a case.
19    (h) If an officer of a law enforcement agency initiates an
20investigative stop, including but not limited to a traffic
21stop, of a licensee or a non-resident carrying a concealed
22firearm under subsection (e) of Section 40 of this Act, upon
23the request of the officer the licensee or non-resident shall
24disclose to the officer that he or she is in possession of a
25concealed firearm under this Act, or present the license upon
26the request of the officer if he or she is a licensee or

 

 

HB2452- 4 -LRB102 13428 RLC 18772 b

1present upon the request of the officer evidence under
2paragraph (2) of subsection (e) of Section 40 of this Act that
3he or she is a non-resident qualified to carry under that
4subsection. The disclosure requirement under this subsection
5(h) is satisfied if the licensee presents his or her license to
6the officer or the non-resident presents to the officer
7evidence under paragraph (2) of subsection (e) of Section 40
8of this Act that he or she is qualified to carry under that
9subsection. Upon the request of the officer, the licensee or
10non-resident shall also identify the location of the concealed
11firearm and permit the officer to safely secure the firearm
12for the duration of the investigative stop. During a traffic
13stop, any passenger within the vehicle who is a licensee or a
14non-resident carrying under subsection (e) of Section 40 of
15this Act must comply with the requirements of this subsection
16(h).
17    (h-1) If a licensee carrying a firearm or a non-resident
18carrying a firearm in a vehicle under subsection (e) of
19Section 40 of this Act is contacted by a law enforcement
20officer or emergency services personnel, the law enforcement
21officer or emergency services personnel may secure the firearm
22or direct that it be secured during the duration of the contact
23if the law enforcement officer or emergency services personnel
24determines that it is necessary for the safety of any person
25present, including the law enforcement officer or emergency
26services personnel. The licensee or nonresident shall submit

 

 

HB2452- 5 -LRB102 13428 RLC 18772 b

1to the order to secure the firearm. When the law enforcement
2officer or emergency services personnel have determined that
3the licensee or non-resident is not a threat to the safety of
4any person present, including the law enforcement officer or
5emergency services personnel, and if the licensee or
6non-resident is physically and mentally capable of possessing
7the firearm, the law enforcement officer or emergency services
8personnel shall return the firearm to the licensee or
9non-resident before releasing him or her from the scene and
10breaking contact. If the licensee or non-resident is
11transported for treatment to another location, the firearm
12shall be turned over to any peace officer. The peace officer
13shall provide a receipt which includes the make, model,
14caliber, and serial number of the firearm.
15    (i) The Department shall maintain a database of license
16applicants and licensees. The database shall be available to
17all federal, State, and local law enforcement agencies,
18State's Attorneys, the Attorney General, and authorized court
19personnel. Within 180 days after the effective date of this
20Act, the database shall be searchable and provide all
21information included in the application, including the
22applicant's previous addresses within the 10 years prior to
23the license application and any information related to
24violations of this Act. No law enforcement agency, State's
25Attorney, Attorney General, or member or staff of the
26judiciary shall provide any information to a requester who is

 

 

HB2452- 6 -LRB102 13428 RLC 18772 b

1not entitled to it by law.
2    (j) No later than 10 days after receipt of a completed
3application, the Department shall enter the relevant
4information about the applicant into the database under
5subsection (i) of this Section which is accessible by law
6enforcement agencies.
7(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-29,
8eff. 7-10-15.)