Concealed Carry Illinois Summary

7/28/2019 Concealed Carry Illinois Summary

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CONCEAL CARRY IN ILLINOISLEGISLATIVE ANALYSIS

Analysis by Greg Sul li van, ISA Executi ve Di rector

DISCLAIMER: THIS ANALYSIS IS NOT INTENDED AS A LEGAL OPINION. THE LEGISLATION

REFERRED TO HAS NOT BEEN APPROVED BY THE GOVERNOR AND IS NOT YET LAW. IN

ADDITION, THE ATTORNEY GENERAL OF THE STATE OF ILLINOIS ASKED THE COURTS FOR A

30 DAY STAY OF THEIR RULING IN ORDER TO GIVE THE GOVERNOR MORE TIME FOR

CONSIDERATION AND REVIEW. THAT REQUEST WAS GRANTED AND THE GOVERNOR NOW

HAS UNTIL JULY 9TH

TO ACT ON THE LEGISLATION. BEFORE THIS BILL BECOMES LAW THE

LEGISLATION COULD SEE FURTHER CHANGES THROUGH THE VETO PROCESS.

THE VETO PROCESS:

Any bill which has passed both chambers must be presented to the Governor within 30 days of

its passage. The Governor then has 60 calendar days beyond that to decide which of the five

alternatives to take. **

SIGN: The Governor may sign the bill. A signed bill becomes law in the form in which it passed

the General Assembly (GA).

TOTAL VETO: The Governor can veto an entire bill by returning it with his objections to the

chamber in which it originated. The GA can override this veto by a 3/5 vote of the members

elected to each chamber.

ITEM VETO: The Governor can veto any item of appropriations in a bill by returning it to the

chamber in which it originated. The GA can override this veto by a 3/5 vote. Portions of a bill

not vetoed become law as they were passed by the legislature.

REDUCTION VETO: The Governor can reduce any item of appropriations in a bill by

returning it to the chamber in which it originated. Any item reduction can be restored by a

majority vote of the GA. The portions of a bill not reduced become law, and any reduced itemnot restored becomes law in the reduced amount.

AMENDATORY VETO: The Governor can return a bill with specific recommendations forchange to the chamber in which it originated. The GA must then concur in the Governors action

or the bill dies. If the GA concurs it is presented to the Governor in its amended form and if he

then certifies it becomes law. If the Governor does not certify the bill, it is returned to the GA as

a vetoed bill and subject to the procedures described under total veto prevail. The GA has thesecond option of overriding the Governors amendatory veto by a 3/5 vote of the members

elected to each chamber.

** If the Governor does not take action on a bill within the 60 calendar days, it automatically

becomes law in the form that it passed the GA.


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HOUSE BILL 183 AS AMENDED: CCL IN ILLINOIS

The ISP shall issue a concealed carry license (CCL) to any qualified person. An applicant must submit to a criminal history and mental health background check. Must be 21 years of age and have a valid FOID card. Authorizes the Illinois State Police to conduct background checks using electronic

fingerprints. Cannot be convicted of a misdemeanor involving the threat or use of violence or have 2 or

more DUIs in the previous five years for both.

Have not been in a residential or court-ordered alcohol or drug treatment program for fiveyears.

Requires 16 hours of training, including range exercises and a thorough review of applicablestate and federal laws, including recommendations on interacting with law enforcement.

Applicants must submit a fee $150 ($120 to the ISP Firearm Services Fund, $20 to theMental Health Reporting Fund, and $10 to the State Crime Laboratory Fund).

All law enforcement agencies (federal, state, county, local) have the ability to object to anapplicant. ISP must develop a database that will provide all law enforcement with access to each

applicants information. The chief law enforcement officer of any law enforcement agency may object to the

issuance of a license based on a reasonable suspicion that the applicant is a danger to self,others, or poses a public safety threat.

A Concealed Carry Licensing Board will review objections from law enforcement. The bill establishes a Concealed Carry Licensing Board, which consists of seven members

(3 residing within the First Judicial District and 1 residing within each of the remainingJudicial Districts) appointed by the Governor and subject to the advice and consent of theSenate. Members must have been formerly employed by the federal government as a judge,a prosecutor, law enforcement, or mental health treatment.

An applicant is ineligible if the Board determines by the preponderance of the evidence thatthe applicant poses a danger to himself or herself, others or a threat to public safety.

A person who has been arrested 5 times or more within the past 7 years for any crime, or 3

times or more within the past 7 years for gang-related offenses is automatically subject toreview by the Board.

Licensees shall not carry in certain sensitive locations: Preschool, elementary, and secondary schools Child care facilities Playgrounds Public parks located within a municipality under the control of a municipality or park district
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Cook County Forest Preserve Bars (more than 50% of its gross receipts from the sale of liquor) State buildings (defined as buildings or portions of buildings controlled by an executive or

legislative officer, with an exception for certain buildings under the control of DNR that aredesignated for shooting or special firearms events)

Buildings under the control of a unit of local government, including all courts, jails, prisons,or detention centers.

Libraries Hospitals, mental health facilities, and nursing homes Stadiums, arenas, and sporting events Riverboats, racetracks, and OTBs Airports Amusement parks, zoos, and museums Colleges and Universities Public transportation paid for in part or whole with public funds including buildings, adjacent

property and parking lot areas. Public gatherings authorized by a unit of local government

Nuclear Facilities including buildings, property and parking areas. Areas prohibited by federal law

Private property owners have ability to permit or restrict carrying on their property. Privateproperty owners that restrict carry must post signs indicating carry is not permitted; however,private homeowners need not post signs. Commercial or multi-unit residential property ownersare permitted to restrict carry on their premises.

A licensee may keep a gun in a vehicle, even within a prohibited parking area. This safevehicle provisions allows a person to leave a concealed firearm in their vehicle, provided that itmust be in a case within a locked car. If the person wishes to put the firearm in their trunk, theymay transport the gun to or from the car to the trunk only if it is unloaded.

Interaction with Law Enforcement. Applies penalties to licensees who fail to inform an officer that he or she is carrying, only if

the officer makes a request. The penalties are as follows:- Class B misdemeanor for a first offense;- Class A misdemeanor and up to 6 month suspension for a second offense;- Class A misdemeanor and permanent revocation for a third offense

For officer safety purposes, the amendment ensures that licensees will notify a lawenforcement officer conducting an investigative or traffic stop that he or she is carrying.

A CCL becomes a universal firearm card. A licensee can use the CCL to purchase weapons, ammunition, possess firearms, or carry a

concealed firearm. Requires the ISP to establish a plan to consolidate the process for FOID and CCL cards,

with the goal of ultimately eliminating the need for two cards.

Establish penalties for violations of the Concealed Carry Act. A licensee carrying within a prohibited area or carrying while intoxicated shall be subject to

the following penalties: first violation = Class B misdemeanor; second violation = Class A


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misdemeanor and suspension for up to 180 days; third violation = Class A misdemeanor,lifetime revocation of a license.

Non-residents will have limited ability to carry in Illinois, and in some cases, may apply for aCCL. A non-resident able to carry in their home state may carry a concealed firearm in their

vehicle while travelling in Illinois. A non-resident from a state with substantially similar requirements would be eligible for non-

resident CCL. Non-resident applicants must submit a fee of $300 ($250 to the ISP FirearmServices Fund, $40 to the Mental Health Reporting Fund, and $10 to the State CrimeLaboratory Fund).

Enhance and clarify mental health reporting. Requires law enforcement, physicians, mental health professionals, health facilities, nursing

homes, and school personnel to report any person they determine poses a clear andpresent danger to self or others.

The proposal adds specific definitions, making it easier for required reporters to identify aperson ineligible for a FOID card due to a mental or developmental disability.

Under current law, a persons FOID card is revoked upon admission to a mental healthfacility and the person is prohibited from receiving a FOID card for 5 years. Under theproposal, after the 5-year period, the person will receive a FOID card if a mental healthprofessional certifies the person is not a clear and present danger to self or others.

Establish a clear process for the revocation of FOID and CCL cards. If a persons FOID Card is revoked, within 48 hours the person must surrender their FOID

card to local law enforcement and turn over any firearms to another person with a FOIDcard.

Within 30 days of the effective date of the bill, ISP must notify all persons whose FOID cardshave been revoked of the duty to surrender their card and weapons within 48 hours.

Prohibit home rule regulation of firearms. The State would exclusively regulate all aspects of conceal carry firearm possession,

carrying, transportation, and licensing. All other local gun control ordinances will stay ineffect after the effective date of this Act. Allows for additional local ordinances to beadopted within 10 days of the effective date of this Act.

HOUSE BILL 1189 FOID CHECKS FOR PRIVATE TRANSFERS

& LOST OR STOLEN REPORTING REQUIREMENTS.

Requires the verification of a valid FOID card for private sale and transfers or firearms inIllinois.

Requires a hot line number for verification and development of a web-based system forfuture verifications thru the ISP.

Requires the reporting of lost or stolen firearms within 72 hours to local law enforcement.

Documents

Concealed Carry Illinois Summary