Bill Amendment: IL SB1857 | 2015-2016 | 99th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: CONCEALED CARRY-LICENSE DENIAL
Status: 2015-10-10 - Senate Committee Amendment No. 1 Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB1857 Detail]
Download: Illinois-2015-SB1857-Senate_Amendment_001.html
Bill Title: CONCEALED CARRY-LICENSE DENIAL
Status: 2015-10-10 - Senate Committee Amendment No. 1 Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB1857 Detail]
Download: Illinois-2015-SB1857-Senate_Amendment_001.html
| |||||||
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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: |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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: |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.)".
|