State of Illinois
2017 and 2018


Introduced , by Rep. Brandon W. Phelps


430 ILCS 66/20

    Amends the Firearm Concealed Carry Act. Provides that the Concealed Carry Licensing Review Board shall have no more than an additional 30 days for a total of 60 days to issue a decision, and upon expiration of the additional 30 days, the application shall be returned for normal processing absent a valid reason for denial as provided in the Act.

LRB100 05486 SLF 15497 b





HB3682LRB100 05486 SLF 15497 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 20 as follows:
6    (430 ILCS 66/20)
7    Sec. 20. Concealed Carry Licensing Review Board.
8    (a) There is hereby created within the Department of State
9Police a Concealed Carry Licensing Review Board to consider any
10objection to an applicant's eligibility to obtain a license
11under this Act submitted by a law enforcement agency or the
12Department under Section 15 of this Act. The Board shall
13consist of 7 commissioners to be appointed by the Governor,
14with the advice and consent of the Senate, with 3 commissioners
15residing within the First Judicial District and one
16commissioner residing within each of the 4 remaining Judicial
17Districts. No more than 4 commissioners shall be members of the
18same political party. The Governor shall designate one
19commissioner as the Chairperson. The Board shall consist of:
20        (1) one commissioner with at least 5 years of service
21    as a federal judge;
22        (2) 2 commissioners with at least 5 years of experience
23    serving as an attorney with the United States Department of



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1    Justice;
2        (3) 3 commissioners with at least 5 years of experience
3    as a federal agent or employee with investigative
4    experience or duties related to criminal justice under the
5    United States Department of Justice, Drug Enforcement
6    Administration, Department of Homeland Security, or
7    Federal Bureau of Investigation; and
8        (4) one member with at least 5 years of experience as a
9    licensed physician or clinical psychologist with expertise
10    in the diagnosis and treatment of mental illness.
11    (b) The initial terms of the commissioners shall end on
12January 12, 2015. Thereafter, the commissioners shall hold
13office for 4 years, with terms expiring on the second Monday in
14January of the fourth year. Commissioners may be reappointed.
15Vacancies in the office of commissioner shall be filled in the
16same manner as the original appointment, for the remainder of
17the unexpired term. The Governor may remove a commissioner for
18incompetence, neglect of duty, malfeasance, or inability to
19serve. Commissioners shall receive compensation in an amount
20equal to the compensation of members of the Executive Ethics
21Commission and may be reimbursed for reasonable expenses
22actually incurred in the performance of their Board duties,
23from funds appropriated for that purpose.
24    (c) The Board shall meet at the call of the chairperson as
25often as necessary to consider objections to applications for a
26license under this Act. If necessary to ensure the



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1participation of a commissioner, the Board shall allow a
2commissioner to participate in a Board meeting by electronic
3communication. Any commissioner participating electronically
4shall be deemed present for purposes of establishing a quorum
5and voting.
6    (d) The Board shall adopt rules for the review of
7objections and the conduct of hearings. The Board shall
8maintain a record of its decisions and all materials considered
9in making its decisions. All Board decisions and voting records
10shall be kept confidential and all materials considered by the
11Board shall be exempt from inspection except upon order of a
13    (e) In considering an objection of a law enforcement agency
14or the Department, the Board shall review the materials
15received with the objection from the law enforcement agency or
16the Department. By a vote of at least 4 commissioners, the
17Board may request additional information from the law
18enforcement agency, Department, or the applicant, or the
19testimony of the law enforcement agency, Department, or the
20applicant. The Board may require that the applicant submit
21electronic fingerprints to the Department for an updated
22background check where the Board determines it lacks sufficient
23information to determine eligibility. The Board may only
24consider information submitted by the Department, a law
25enforcement agency, or the applicant. The Board shall review
26each objection and determine by a majority of commissioners



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1whether an applicant is eligible for a license.
2    (f) The Board shall issue a decision within 30 days of
3receipt of the objection from the Department. However, the
4Board need not issue a decision within 30 days if:
5        (1) the Board requests information from the applicant,
6    including but not limited to electronic fingerprints to be
7    submitted to the Department, in accordance with subsection
8    (e) of this Section, in which case the Board shall make a
9    decision within 30 days of receipt of the required
10    information from the applicant;
11        (2) the applicant agrees, in writing, to allow the
12    Board additional time to consider an objection; or
13        (3) the Board notifies the applicant and the Department
14    that the Board needs an additional 30 days to issue a
15    decision.
16    After expiration of the additional 30 days under paragraph
17(3) of this subsection, the Board shall have no more than an
18additional 30 days for a total of 60 days to issue a decision,
19and upon expiration of the additional 30 days, the application
20shall be returned for normal processing absent a valid reason
21for denial as provided in subsection (d) of Section 15 of this
23    (g) If the Board determines by a preponderance of the
24evidence that the applicant poses a danger to himself or
25herself or others, or is a threat to public safety, then the
26Board shall affirm the objection of the law enforcement agency



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1or the Department and shall notify the Department that the
2applicant is ineligible for a license. If the Board does not
3determine by a preponderance of the evidence that the applicant
4poses a danger to himself or herself or others, or is a threat
5to public safety, then the Board shall notify the Department
6that the applicant is eligible for a license.
7    (h) Meetings of the Board shall not be subject to the Open
8Meetings Act and records of the Board shall not be subject to
9the Freedom of Information Act.
10    (i) The Board shall report monthly to the Governor and the
11General Assembly on the number of objections received and
12provide details of the circumstances in which the Board has
13determined to deny licensure based on law enforcement or
14Department objections under Section 15 of this Act. The report
15shall not contain any identifying information about the
17(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.)