Full Text of SB1857 99th General Assembly
SB1857sam001 99TH GENERAL ASSEMBLY | Sen. William R. Haine Filed: 3/20/2015
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| 1 | | AMENDMENT TO SENATE BILL 1857
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1857 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Firearm Concealed Carry Act is amended by | 5 | | changing Sections 5, 10, 15, 20, 70, and 87 as follows: | 6 | | (430 ILCS 66/5)
| 7 | | Sec. 5. Definitions. As used in this Act: | 8 | | "Applicant" means a person who is applying for a license to | 9 | | carry a concealed firearm under this Act. | 10 | | "Board" means the Concealed Carry Licensing Review Board. | 11 | | "Concealed firearm" means a loaded or unloaded handgun | 12 | | carried on or about a person completely or mostly concealed | 13 | | from view of the public or on or about a person within a | 14 | | vehicle. | 15 | | "Department" means the Department of State Police. | 16 | | "Director" means the Director of State Police. |
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| 1 | | "Electronic portal" or "portal" means a secure | 2 | | password-protected electronic interface provided by the | 3 | | Department for the purpose of sharing information with | 4 | | applicants. | 5 | | "Handgun" means any device which is designed to expel a | 6 | | projectile or projectiles by the action of an explosion, | 7 | | expansion of gas, or escape of gas that is designed to be held | 8 | | and fired by the use of a single hand. "Handgun" does not | 9 | | include: | 10 | | (1) a stun gun or taser; | 11 | | (2) a machine gun as defined in item (i) of paragraph | 12 | | (7) of subsection (a) of Section 24-1 of the Criminal Code | 13 | | of 2012; | 14 | | (3) a short-barreled rifle or shotgun as defined in | 15 | | item (ii) of paragraph (7) of subsection (a) of Section | 16 | | 24-1 of the Criminal Code of 2012; or | 17 | | (4) any pneumatic gun, spring gun, paint ball gun, or | 18 | | B-B gun which
expels a single globular projectile not | 19 | | exceeding .18 inch in
diameter, or which has a maximum | 20 | | muzzle velocity of less than 700 feet
per second, or which | 21 | | expels breakable paint balls containing washable marking | 22 | | colors. | 23 | | "Law enforcement agency" means any federal, State, or local | 24 | | law enforcement agency, including offices of State's Attorneys | 25 | | and the Office of the Attorney General. | 26 | | "License" means a license issued by the Department of State |
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| 1 | | Police to carry a concealed handgun. | 2 | | "Licensee" means a person issued a license to carry a | 3 | | concealed handgun. | 4 | | "Municipality" has the meaning ascribed to it in Section 1 | 5 | | of Article VII of the Illinois Constitution. | 6 | | "Unit of local government" has the meaning ascribed to it | 7 | | in Section 1 of Article VII of the Illinois Constitution.
| 8 | | (Source: P.A. 98-63, eff. 7-9-13.) | 9 | | (430 ILCS 66/10)
| 10 | | Sec. 10. Issuance of licenses to carry a concealed firearm. | 11 | | (a) The Department shall issue a license to carry a | 12 | | concealed firearm under this Act to an applicant who: | 13 | | (1) meets the qualifications of Section 25 of this Act; | 14 | | (2) has provided the application and documentation | 15 | | required in Section 30 of this Act; | 16 | | (3) has submitted the requisite fees; and | 17 | | (4) does not pose a danger to himself, herself, or | 18 | | others, or a threat to public safety as determined by the | 19 | | Concealed Carry Licensing Review Board in accordance with | 20 | | Section 20. | 21 | | (b) The Department shall issue a renewal, corrected, or | 22 | | duplicate license as provided in this Act. | 23 | | (c) A license shall be valid throughout the State for a | 24 | | period of 5 years from the date of issuance. A license shall | 25 | | permit the licensee to: |
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| 1 | | (1) carry a loaded or unloaded concealed firearm, fully | 2 | | concealed or partially concealed, on or about his or her | 3 | | person; and
| 4 | | (2) keep or carry a loaded or unloaded concealed | 5 | | firearm on or about his or her person within a vehicle. | 6 | | (d) The Department shall make applications for a license | 7 | | available no later than 180 days after the effective date of | 8 | | this Act. The Department shall establish rules for the | 9 | | availability and submission of applications in accordance with | 10 | | this Act. | 11 | | (e) An application for a license submitted to the | 12 | | Department that contains all the information and materials | 13 | | required by this Act, including the requisite fee, shall be | 14 | | deemed completed. Except as otherwise provided in this Act, no | 15 | | later than 90 days after receipt of a completed application, | 16 | | the Department shall issue or deny the applicant a license. | 17 | | (f) The Department shall deny the applicant a license if | 18 | | the applicant fails to meet the requirements under this Act or | 19 | | the Department receives a determination from the Board that the | 20 | | applicant is ineligible for a license. The Department must | 21 | | notify the applicant stating the statutory grounds for the | 22 | | denial and the applicant's right to review copies of all | 23 | | documents and other evidence upon which the Department and | 24 | | Board relied in making its determination of ineligibility . The | 25 | | notice of denial must inform the applicant of his or her right | 26 | | to an appeal through administrative and judicial review. The |
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| 1 | | notification shall be provided to an applicant as follows: | 2 | | (1) If an applicant submitted an application via | 3 | | electronic means, the applicant shall receive notice from | 4 | | the Department regarding the applicant's acceptance or | 5 | | denial via electronic means. The Department shall post | 6 | | notice within the electronic portal established by the | 7 | | Department for that specific applicant. The portal shall | 8 | | clearly indicate the date on which the denial or acceptance | 9 | | notice was posted. If an applicant is denied a license, | 10 | | additional notification procedures shall be as follows: | 11 | | (A) Upon posting a denial notice within the | 12 | | applicant's secure electronic portal, the Department | 13 | | shall keep a record of the first time the denial letter | 14 | | is viewed by the applicant. | 15 | | (B) Upon posting a denial notice within the | 16 | | applicant's secure electronic portal, the Department | 17 | | shall send the applicant an email to the email address | 18 | | on the application informing him or her that the | 19 | | decision has been posted. The email shall not contain | 20 | | any information about the content of the denial letter. | 21 | | (C) The Department shall send a second notice | 22 | | regarding the fact that a decision has been posted | 23 | | within the applicant's portal 5 business days after the | 24 | | first notice was sent. | 25 | | (D) The time in which an applicant may petition for | 26 | | administrative or judicial review shall begin to |
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| 1 | | accrue on the date that the applicant first views the | 2 | | denial letter within the applicant's secure portal as | 3 | | recorded by the Department, or the date of the second | 4 | | email notification as provided in subparagraph (C) of | 5 | | paragraph (1) of this subsection (f), whichever is | 6 | | sooner. | 7 | | (2) If an applicant submitted an application on paper, | 8 | | the applicant shall receive notice from the Department | 9 | | regarding the applicant's acceptance or denial on paper. | 10 | | The Department shall send the applicant a paper letter via | 11 | | traditional mail to the address indicated on the | 12 | | application. If an applicant is denied a license, the | 13 | | Department shall mail the denial letter through the United | 14 | | States Postal Service. The time limitation in which an | 15 | | applicant may seek administrative or judicial review shall | 16 | | begin to accrue 5 calendar days after the postmark on the | 17 | | letter mailed by the Department. | 18 | | (3) If the Department does not send a denial letter to | 19 | | the correct address, or does not send a denial notification | 20 | | email to an applicant's correct email address, the time | 21 | | limitation in which an applicant may seek review of the | 22 | | Department's decision shall be tolled until the Department | 23 | | corrects the error and the applicant has received actual | 24 | | notice of the denial. | 25 | | (g) A licensee shall possess a license at all times the | 26 | | licensee carries a concealed firearm except: |
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| 1 | | (1) when the licensee is carrying or possessing a | 2 | | concealed firearm on his or her land or in his or her | 3 | | abode, legal dwelling, or fixed place of business, or on | 4 | | the land or in the legal dwelling of another person as an | 5 | | invitee with that person's permission; | 6 | | (2) when the person is authorized to carry a firearm | 7 | | under Section 24-2 of the Criminal Code of 2012, except | 8 | | subsection (a-5) of that Section; or | 9 | | (3) when the handgun is broken down in a | 10 | | non-functioning state, is not immediately accessible, or | 11 | | is unloaded and enclosed in a case. | 12 | | (h) If an officer of a law enforcement agency initiates an | 13 | | investigative stop, including but not limited to a traffic | 14 | | stop, of a licensee or a non-resident carrying a concealed | 15 | | firearm under subsection (e) of
Section 40 of this Act, upon | 16 | | the request of the officer the licensee or non-resident shall | 17 | | disclose to the officer that he or she is in possession of a | 18 | | concealed firearm under this Act, present the license upon the | 19 | | request of the officer if he or she is a licensee or present | 20 | | upon the request of the officer evidence
under paragraph (2) of | 21 | | subsection (e) of Section 40 of this Act that he or she is a | 22 | | non-resident qualified to carry
under that subsection, and | 23 | | identify the location of the concealed firearm. During a | 24 | | traffic stop, any
passenger within the vehicle who is a | 25 | | licensee or a non-resident carrying under subsection (e) of
| 26 | | Section 40 of this Act must comply with the requirements of |
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| 1 | | this subsection (h). | 2 | | (i) The Department shall maintain a database of license | 3 | | applicants and licensees. The database shall be available to | 4 | | all federal, State, and local law enforcement agencies, State's | 5 | | Attorneys, the Attorney General, and authorized court | 6 | | personnel. Within 180 days after the effective date of this | 7 | | Act, the database shall be searchable and provide all | 8 | | information included in the application, including the | 9 | | applicant's previous addresses within the 10 years prior to the | 10 | | license application and any information related to violations | 11 | | of this Act. No law enforcement agency, State's Attorney, | 12 | | Attorney General, or member or staff of the judiciary shall | 13 | | provide any information to a requester who is not entitled to | 14 | | it by law. | 15 | | (j) No later than 10 days after receipt of a completed | 16 | | application, the Department shall enter the relevant | 17 | | information about the applicant into the database under | 18 | | subsection (i) of this Section which is accessible by law | 19 | | enforcement agencies.
| 20 | | (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.) | 21 | | (430 ILCS 66/15)
| 22 | | Sec. 15. Objections by law enforcement agencies. | 23 | | (a) Any law enforcement agency may submit an objection to a | 24 | | license applicant based upon a reasonable suspicion that the | 25 | | applicant is a danger to himself or herself or others, or a |
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| 1 | | threat to public safety. The objection shall be made by the | 2 | | chief law enforcement officer of the law enforcement agency, or | 3 | | his or her designee, and must include any information relevant | 4 | | to the objection. If a law enforcement agency submits an | 5 | | objection within 30 days after the entry of an applicant into | 6 | | the database, the Department shall submit the objection and all | 7 | | information available to the Board under State and federal law | 8 | | related to the application to the Board within 10 days of | 9 | | completing all necessary background checks. If an applicant is | 10 | | denied a license, the Board shall make available to the | 11 | | applicant copies of all law enforcement objections upon which | 12 | | the Board relied in making its decision under Section 10 of | 13 | | this Act. | 14 | | (b) If an applicant has 5 or more arrests for any reason, | 15 | | that have been entered into the Criminal History Records | 16 | | Information (CHRI) System, within the 7 years preceding the | 17 | | date of application for a license, or has 3 or more arrests | 18 | | within the 7 years preceding the date of application for a | 19 | | license for any combination of gang-related offenses, the | 20 | | Department shall object and submit the applicant's arrest | 21 | | record to the extent the Board is allowed to receive that | 22 | | information under State and federal law, the application | 23 | | materials, and any additional information submitted by a law | 24 | | enforcement agency to the Board. For purposes of this | 25 | | subsection, "gang-related offense" is an offense described in | 26 | | Section 12-6.4, Section 24-1.8, Section 25-5, Section 33-4, or |
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| 1 | | Section 33G-4, or in paragraph (1) of subsection (a) of Section | 2 | | 12-6.2, paragraph (2) of subsection (b) of Section 16-30, | 3 | | paragraph (2) of subsection (b) of Section 31-4, or item (iii) | 4 | | of paragraph (1.5) of subsection (i) of Section 48-1 of the | 5 | | Criminal Code of 2012. | 6 | | (c) The referral of an objection under this Section to the | 7 | | Board shall toll the 90-day period for the Department to issue | 8 | | or deny the applicant a license under subsection (e) of Section | 9 | | 10 of this Act, during the period of review and until the Board | 10 | | issues its decision. Upon the referral, applicants shall be | 11 | | given notice by the Department that the application is | 12 | | undergoing review by the Board. The notice shall include the | 13 | | next date upon which the Board is expected to convene, and | 14 | | shall inform the applicant that the 90-day period has been | 15 | | tolled. | 16 | | (d) If no objection is made by a law enforcement agency or | 17 | | the Department under this Section, the Department shall process | 18 | | the application in accordance with this Act.
| 19 | | (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.) | 20 | | (430 ILCS 66/20)
| 21 | | Sec. 20. Concealed Carry Licensing Review Board. | 22 | | (a) There is hereby created within the Department of State | 23 | | Police a Concealed Carry Licensing Review Board to consider any | 24 | | objection to an applicant's eligibility to obtain a license | 25 | | under this Act submitted by a law enforcement agency or the |
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| 1 | | Department under Section 15 of this Act. The Board shall | 2 | | consist of 7 commissioners to be appointed by the Governor, | 3 | | with the advice and consent of the Senate, with 3 commissioners | 4 | | residing within the First Judicial District and one | 5 | | commissioner residing within each of the 4 remaining Judicial | 6 | | Districts. No more than 4 commissioners shall be members of the | 7 | | same political party. The Governor shall designate one | 8 | | commissioner as the Chairperson. The Board shall consist of: | 9 | | (1) one commissioner with at least 5 years of service | 10 | | as a federal judge; | 11 | | (2) 2 commissioners with at least 5 years of experience | 12 | | serving as an attorney with the United States Department of | 13 | | Justice; | 14 | | (3) 3 commissioners with at least 5 years of experience | 15 | | as a federal agent or employee with investigative | 16 | | experience or duties related to criminal justice under the | 17 | | United States Department of Justice, Drug Enforcement | 18 | | Administration, Department of Homeland Security, or | 19 | | Federal Bureau of Investigation; and | 20 | | (4) one member with at least 5 years of experience as a | 21 | | licensed physician or clinical psychologist with expertise | 22 | | in the diagnosis and treatment of mental illness. | 23 | | (b) The initial terms of the commissioners shall end on | 24 | | January 12, 2015. Thereafter, the commissioners shall hold | 25 | | office for 4 years, with terms expiring on the second Monday in | 26 | | January of the fourth year. Commissioners may be reappointed. |
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| 1 | | Vacancies in the office of commissioner shall be filled in the | 2 | | same manner as the original appointment, for the remainder of | 3 | | the unexpired term. The Governor may remove a commissioner for | 4 | | incompetence, neglect of duty, malfeasance, or inability to | 5 | | serve. Commissioners shall receive compensation in an amount | 6 | | equal to the compensation of members of the Executive Ethics | 7 | | Commission and may be reimbursed for reasonable expenses | 8 | | actually incurred in the performance of their Board duties, | 9 | | from funds appropriated for that purpose. | 10 | | (c) The Board shall meet at the call of the chairperson as | 11 | | often as necessary to consider objections to applications for a | 12 | | license under this Act. If necessary to ensure the | 13 | | participation of a commissioner, the Board shall allow a | 14 | | commissioner to participate in a Board meeting by electronic | 15 | | communication. Any commissioner participating electronically | 16 | | shall be deemed present for purposes of establishing a quorum | 17 | | and voting. | 18 | | (d) The Board shall adopt rules for the review of | 19 | | objections and the conduct of hearings. The Board shall | 20 | | maintain a record of its decisions and all materials considered | 21 | | in making its decisions. All Board decisions and voting records | 22 | | shall be kept confidential and all materials considered by the | 23 | | Board shall be exempt from inspection except upon order of a | 24 | | court. | 25 | | (e) In considering an objection of a law enforcement agency | 26 | | or the Department, the Board shall review the materials |
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| 1 | | received with the objection from the law enforcement agency or | 2 | | the Department. By a vote of at least 4 commissioners, the | 3 | | Board may request additional information from the law | 4 | | enforcement agency, Department, or the applicant, or the | 5 | | testimony of the law enforcement agency, Department, or the | 6 | | applicant. The Board may require that the applicant submit | 7 | | electronic fingerprints to the Department for an updated | 8 | | background check where the Board determines it lacks sufficient | 9 | | information to determine eligibility. The Board may only | 10 | | consider information submitted by the Department, a law | 11 | | enforcement agency, or the applicant. The Board shall review | 12 | | each objection and determine by a majority of commissioners | 13 | | whether an applicant is eligible for a license. | 14 | | (f) The Board shall issue a decision within 30 days of | 15 | | receipt of the objection from the Department. The decision | 16 | | shall give the specific reason or reasons why the application | 17 | | was denied. The However, the Board need not issue its a | 18 | | decision within the 30 -day period days if: | 19 | | (1) the Board requests information from the applicant, | 20 | | including but not limited to electronic fingerprints to be | 21 | | submitted to the Department, in accordance with subsection | 22 | | (e) of this Section, in which case the Board shall issue | 23 | | its make a decision within 30 days of receipt of the | 24 | | required information from the applicant; | 25 | | (2) the applicant agrees, in writing, to allow the | 26 | | Board additional time to consider an objection before |
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| 1 | | issuing its decision ; or | 2 | | (3) the Board notifies the applicant and the Department | 3 | | that the Board needs an additional 30 days to issue its a | 4 | | decision. | 5 | | (g) If the Board determines by a preponderance of the | 6 | | evidence that an applicant is ineligible for a license, the | 7 | | Board shall designate the statutory reason or reasons for the | 8 | | denial. The denial letter issued by the Department to an | 9 | | applicant shall designate the specific reason or reasons | 10 | | pertaining to eligibility as designated by Sections 15, 25, or | 11 | | any other provision of this Act, which was relied upon by the | 12 | | Board in making its decision. | 13 | | (1) The Board shall designate one or more of the | 14 | | following reasons for denying the application: | 15 | | (A) the applicant has been convicted or found | 16 | | guilty of a misdemeanor involving the use or threat of | 17 | | physical force or violence to any person in this or any | 18 | | other state within the 5 years preceding the date of | 19 | | the license application; | 20 | | (B) the applicant has had 2 or more violations | 21 | | related to driving while under the influence of | 22 | | alcohol, other drug or drugs, intoxicating compound or | 23 | | compounds, or any combination thereof, within the 5 | 24 | | years preceding the date of the license application; | 25 | | (C) the applicant is the subject of a pending | 26 | | arrest warrant, prosecution, or proceeding for an |
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| 1 | | offense or action that could lead to disqualification | 2 | | to own or possess a firearm; | 3 | | (D) the applicant has been in residential or | 4 | | court-ordered treatment for alcoholism, alcohol | 5 | | detoxification, or drug treatment within the 5 years | 6 | | immediately preceding the date of the license | 7 | | application; | 8 | | (E) the applicant has had 5 or more arrests that | 9 | | have been entered into the Criminal History Records | 10 | | Information (CHRI) System, within the 7 years | 11 | | preceding the date of application for a license; | 12 | | (F) the applicant has 3 or more arrests within the | 13 | | 7 years preceding the date of application for a license | 14 | | for any combination of gang-related offenses; | 15 | | (G) the applicant poses a danger to himself, | 16 | | herself, or others, as determined by the Board upon | 17 | | reviewing the applicant's juvenile court, criminal | 18 | | justice, psychological, or psychiatric records; | 19 | | (H) other reasons cited by the Board; however, the | 20 | | Board must explain the specific statutory reasons for | 21 | | its decision. the applicant poses a danger to himself | 22 | | or herself or others, or is a threat to public safety, | 23 | | then the Board shall affirm the objection of the law | 24 | | enforcement agency or the Department and shall notify | 25 | | the Department that the applicant is ineligible for a | 26 | | license. |
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| 1 | | (2) If the Board does not determine by a preponderance | 2 | | of the evidence that the applicant poses a danger to | 3 | | himself or herself or others, or is a threat to public | 4 | | safety, then the Board shall notify the Department that the | 5 | | applicant is eligible for a license. | 6 | | (h) Meetings of the Board shall not be subject to the Open | 7 | | Meetings Act and records of the Board shall not be subject to | 8 | | the Freedom of Information Act. However, all documents and | 9 | | evidence provided to the Board, including a list of the names | 10 | | of all witnesses who provided testimony to the Board, shall be | 11 | | made available to the applicant. To the extent that the Board | 12 | | has reviewed the medical records of an applicant, or any other | 13 | | records subject to any law or rule providing for the | 14 | | applicant's privacy, disclosure of those records shall comply | 15 | | with all applicable privacy laws, rules, and regulations. | 16 | | (i) The Board shall report monthly to the Governor and the | 17 | | General Assembly on the number of objections received and | 18 | | provide details of the circumstances in which the Board has | 19 | | determined to deny licensure based on law enforcement or | 20 | | Department objections under Section 15 of this Act. The report | 21 | | shall not contain any identifying information about the | 22 | | applicants.
| 23 | | (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.) | 24 | | (430 ILCS 66/70)
| 25 | | Sec. 70. Violations. |
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| 1 | | (a) A license issued or renewed under this Act shall be | 2 | | revoked if, at any time, the licensee is found to be ineligible | 3 | | for a license under this Act or the licensee no longer meets | 4 | | the eligibility requirements of the Firearm Owners | 5 | | Identification Card Act. The notification and appeals | 6 | | processes for revoked licenses shall be the same as those for | 7 | | denied applications under Sections 10, 15, and 87 of this Act. | 8 | | (b) A license shall be suspended if an order of protection, | 9 | | including an emergency order of protection, plenary order of | 10 | | protection, or interim order of protection under Article 112A | 11 | | of the Code of Criminal Procedure of 1963 or under the Illinois | 12 | | Domestic Violence Act of 1986, is issued against a licensee for | 13 | | the duration of the order, or if the Department is made aware | 14 | | of a similar order issued against the licensee in any other | 15 | | jurisdiction. If an order of protection is issued against a | 16 | | licensee, the licensee shall surrender the license, as | 17 | | applicable, to the court at the time the order is entered or to | 18 | | the law enforcement agency or entity serving process at the | 19 | | time the licensee is served the order. The court, law | 20 | | enforcement agency, or entity responsible for serving the order | 21 | | of protection shall notify the Department within 7 days and | 22 | | transmit the license to the Department. | 23 | | (c) A license is invalid upon expiration of the license, | 24 | | unless the licensee has submitted an application to renew the | 25 | | license, and the applicant is otherwise eligible to possess a | 26 | | license under this Act. |
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| 1 | | (d) A licensee shall not carry a concealed firearm while | 2 | | under the influence of alcohol, other drug or drugs, | 3 | | intoxicating compound or combination of compounds, or any | 4 | | combination thereof, under the standards set forth in | 5 | | subsection (a) of Section 11-501 of the Illinois Vehicle Code. | 6 | | A licensee in violation of this subsection (d) shall be | 7 | | guilty of a Class A misdemeanor for a first or second violation | 8 | | and a Class 4 felony for a third violation. The Department may | 9 | | suspend a license for up to 6 months for a second violation and | 10 | | shall permanently revoke a license for a third violation. | 11 | | (e) Except as otherwise provided, a licensee in violation | 12 | | of this Act shall be guilty of a Class B misdemeanor. A second | 13 | | or subsequent violation is a Class A misdemeanor. The | 14 | | Department may suspend a license for up to 6 months for a | 15 | | second violation and shall permanently revoke a license for 3 | 16 | | or more violations of Section 65 of this Act. Any person | 17 | | convicted of a violation under this Section shall pay a $150 | 18 | | fee to be deposited into the Mental Health Reporting Fund, plus | 19 | | any applicable court costs or fees. | 20 | | (f) A licensee convicted or found guilty of a violation of | 21 | | this Act who has a valid license and is otherwise eligible to | 22 | | carry a concealed firearm shall only be subject to the | 23 | | penalties under this Section and shall not be subject to the | 24 | | penalties under Section 21-6, paragraph (4), (8), or (10) of | 25 | | subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5) | 26 | | of paragraph (3) of subsection (a) of Section 24-1.6 of the |
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| 1 | | Criminal Code of 2012. Except as otherwise provided in this | 2 | | subsection, nothing in this subsection prohibits the licensee | 3 | | from being subjected to penalties for violations other than | 4 | | those specified in this Act. | 5 | | (g) A licensee whose license is revoked, suspended, or | 6 | | denied shall, within 48 hours of receiving notice of the | 7 | | revocation, suspension, or denial, surrender his or her | 8 | | concealed carry license to the local law enforcement agency | 9 | | where the person resides. The local law enforcement agency | 10 | | shall provide the licensee a receipt and transmit the concealed | 11 | | carry license to the Department of State Police. If the | 12 | | licensee whose concealed carry license has been revoked, | 13 | | suspended, or denied fails to comply with the requirements of | 14 | | this subsection, the law enforcement agency where the person | 15 | | resides may petition the circuit court to issue a warrant to | 16 | | search for and seize the concealed carry license in the | 17 | | possession and under the custody or control of the licensee | 18 | | whose concealed carry license has been revoked, suspended, or | 19 | | denied. The observation of a concealed carry license in the | 20 | | possession of a person whose license has been revoked, | 21 | | suspended, or denied constitutes a sufficient basis for the | 22 | | arrest of that person for violation of this subsection. A | 23 | | violation of this subsection is a Class A misdemeanor. | 24 | | (h) A license issued or renewed under this Act shall be | 25 | | revoked if, at any time, the licensee is found ineligible for a | 26 | | Firearm Owner's Identification Card, or the licensee no longer |
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| 1 | | possesses a valid Firearm Owner's Identification Card. A | 2 | | licensee whose license is revoked under this subsection (h) | 3 | | shall surrender his or her concealed carry license as provided | 4 | | for in subsection (g) of this Section. | 5 | | This subsection shall not apply to a person who has filed | 6 | | an application with the State Police for renewal of a Firearm
| 7 | | Owner's Identification Card and who is not otherwise ineligible | 8 | | to obtain a Firearm Owner's Identification Card.
| 9 | | (i) A certified firearms instructor who knowingly provides | 10 | | or offers to provide a false certification that an applicant | 11 | | has completed firearms training as required under this Act is | 12 | | guilty of a Class A misdemeanor. A person guilty of a violation | 13 | | of this subsection (i) is not eligible for court supervision. | 14 | | The Department shall permanently revoke the firearms | 15 | | instructor certification of a person convicted under this | 16 | | subsection (i). | 17 | | (Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14; 98-899, | 18 | | eff. 8-15-14.) | 19 | | (430 ILCS 66/87)
| 20 | | Sec. 87. Administrative and judicial review. | 21 | | (a) Whenever an application for a concealed carry license | 22 | | is denied, whenever the Department fails to act on an | 23 | | application
within 90 days of its receipt, or whenever a | 24 | | license is revoked or suspended as provided in this Act, the | 25 | | aggrieved party may
appeal
to the Director for a hearing upon
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| 1 | | the denial, revocation, suspension, or failure to act on the | 2 | | application, unless the denial
was made by the Concealed Carry | 3 | | Licensing Review Board, in which case the
aggrieved party may | 4 | | petition the circuit court in writing in the county of
his or | 5 | | her residence for a hearing upon the denial. The procedure for | 6 | | the petition process shall follow the provisions as for final | 7 | | administrative decisions provided in subsection (b) of this | 8 | | Section. | 9 | | (b) All final administrative decisions of the Department or | 10 | | the Concealed Carry Licensing Review Board under this
Act shall | 11 | | be subject to judicial review under the provisions of the | 12 | | Administrative
Review Law , except that the time deadline for | 13 | | filing a petition for administrative or judicial review shall | 14 | | be 70 calendar days from the date the notice of denial was | 15 | | received by the applicant as designated in subsection (f) of | 16 | | Section 10 of this Act. When an applicant brings a petition for | 17 | | judicial review under this Act, the petition must be decided | 18 | | without remand to the Department . The term
"administrative | 19 | | decision" is defined as in Section 3-101 of the Code of
Civil | 20 | | Procedure.
| 21 | | (c) Within 10 days of sending notice that an application | 22 | | has been denied, the documents or evidence relied upon by the | 23 | | Department or the Board, or both, shall be made available to | 24 | | the applicant. | 25 | | (1) If an applicant submitted his or her application | 26 | | via electronic means, then within 10 days immediately |
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| 1 | | following the date of the denial notice, the Department | 2 | | shall post electronic copies of all documents and evidence | 3 | | relied upon in making its decision to the applicant's | 4 | | secure electronic portal. An applicant may view all | 5 | | documents relied upon by the Board in making its decision | 6 | | to deny an application. To the extent that federal | 7 | | regulations prohibit the printing or duplication of any | 8 | | document posted within the portal, the Department shall | 9 | | give the applicant notice that the documents may not be | 10 | | printed or duplicated. An applicant may, however, | 11 | | specifically reference the documents in a petition for | 12 | | administrative or judicial review and may seek a court | 13 | | order for the printing, duplication, or in-camera review of | 14 | | the documents. | 15 | | (2) If the applicant submitted his or her application | 16 | | on paper, then the applicant shall make a written request | 17 | | for documents and evidence to the Department, which shall | 18 | | be signed by the applicant. The request shall be sent to | 19 | | the Department via certified mail with return receipt | 20 | | requested. The request may designate that the documents be | 21 | | sent to the applicant's attorney, if any. | 22 | | (A) The Department shall provide paper copies of | 23 | | the requested documents and evidence within 14 | 24 | | calendar days of receiving the written request. | 25 | | Documents shall be sent to the applicant's address or | 26 | | the address of the applicant's attorney, if one is |
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| 1 | | designated, via United States Mail. | 2 | | (B) If the Department fails to mail the documents | 3 | | within 10 days of receipt of the applicant's request, | 4 | | and the postmark on the documents mailed by the | 5 | | Department does not indicate that they were mailed | 6 | | within 10 days of receipt of the applicant's written | 7 | | request, then the time period in which an applicant may | 8 | | seek administrative or judicial review, or both, under | 9 | | this Section shall be tolled until the date on which | 10 | | the Department does in fact mail the documents and | 11 | | evidence to the applicant as indicated by the postmark | 12 | | on the envelope or envelopes containing the documents. | 13 | | (C) To the extent that federal regulations | 14 | | prohibit the printing or duplication of any document | 15 | | relied upon by the Department or Board in making its | 16 | | determination, the Department shall give the applicant | 17 | | notice that the documents exist and shall provide a | 18 | | method through which the applicant or the applicant's | 19 | | attorney may view the documents at the applicant's | 20 | | convenience. Nothing in this Section shall prohibit an | 21 | | applicant from referencing the documents in a petition | 22 | | for administrative or judicial review or from seeing a | 23 | | court order for the printing, duplication, or | 24 | | in-camera review of the documents. | 25 | | (3) The Department shall keep records on the number of | 26 | | instances in which it did not respond to evidentiary or |
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| 1 | | document requests, or both, within the 10-day period | 2 | | designated in this Section. The Department shall further
| 3 | | document the number of instances in which federal | 4 | | regulations prohibited the Department from providing an | 5 | | applicant with unrestricted access to all documents, and | 6 | | the final means through which the applicant was able to | 7 | | view the documents. The Department shall report the | 8 | | information required in this paragraph (3) to the Governor | 9 | | and General Assembly in the same manner as provided in | 10 | | subsection (i) of Section 20 of this Act. | 11 | | (Source: P.A. 98-63, eff. 7-9-13.)".
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