Illinois' Concealed Carry Proposal

The latest concealed carry legislative proposal being considered by Illinois lawmakers passed the House Judiciary committee this morning and is headed to the House floor for consideration by the entire body. The major components of  SB2193 HA1 include:
  • Statewide shall-issue licensing standard; 
  • Strictly preempts authority of local governments to regulate firearms; 
  • No special "endorsement" or permit required for licensee to carry in Chicago or Cook County;
  • Grants licensee broad right to carry in a vehicle, including within a vehicle in the parking lot of a prohibited area; 
  • License to be issued by State Police; 
  • $150 Fee; 5-year license; 
  • 16 hours of training (Including Live Fire Exercise),
    • Up to 8 hours of training completed in another state can be counted toward this requirement.
    • Renewal application requires 3 hours of training, plus re-qualification on the firing range. 
  • Carrying prohibited on public transportation, in State and local government buildings, and in other areas defined in this legislation, including but not limited to schools, childcare facilities, stadiums, courthouses and airports.
  • Effective immediately; 
  • Applications to be available within 180 days; 
  • Allows law enforcement to object to an application on Basis of “clear and present danger to self or others, or threat to public safety,” which triggers review by Concealed Carry Licensing Board (created by this legislation); 
  • Denial of application by ISP is subject to administrative review, pursuant to the Illinois Administrative Review Law; final administrative decision is subject to judicial review; 
  • Denial of application by Concealed Carry Licensing Board is subject to judicial review; Application to be processed within 90 days (unless subject to review by Concealed Carry Licensing Board). 
  • The time for processing a license application subject to the maximum amount of scrutiny allowed under the provisions of this bill would be approximately 180 days. 
  • While applicants are not required to submit fingerprints, the State Police would be allowed an additional 30 days to process the application if the applicant does not submit a set of fingerprints.

The Details 
Who qualifies for concealed carry license?
Individuals must meet the following criteria to qualify for a concealed carry permit under this legislation:

Shall vs. May

A Shall-Issue jurisdiction is one that requires a permit to carry a concealed handgun, but where the granting of such permits is subject only to meeting determinate criteria laid out in the law; the granting authority has no discretion in the awarding of the permits, and there is no requirement of the applicant to demonstrate "good cause". The laws in a Shall-Issue jurisdiction typically state that a granting authority shall issue a permit if the criteria are met, as opposed to laws in which the authority may issue a permit at their discretion.

A May-Issue jurisdiction is one that requires a permit to carry a concealed handgun, and where the granting of such permits is partially at the discretion of local authorities (frequently the sheriff's department or police), with a few states consolidating this discretionary power under state-level law enforcement. The law typically states that a granting authority "may issue" a permit if various criteria are met, or that the permit applicant must have "good cause" (or similar) to carry a concealed weapon. In most such situations, self-defense in and of itself oftentimes does not satisfy the "good cause" requirement.
Source: wikipedia 

  • Must be at least 21 years of age;
  • Have a currently valid FOID Card, or meets the requirements for the issuance of a FOID Card and is not prohibited by law from possessing or receiving afirearm;
  • Have not been convicted or found guilty in this State or in any other state of: 
    • a misdemeanor involving the use or threat of physical force or violence to any person within the 5 years preceding the date of the license application; or 
    • two or more DUI violations within the 5 years preceding the date of the license application; and 
    • is not the subject of a pending arrest warrant, prosecution, or proceeding for an offense or action that could lead to disqualification to own or possess a firearm;
  • Have not been in residential or court-ordered treatment for alcoholism, alcohol detoxification, or drug treatment within the 5 years immediately preceding the date of the license application; and
  • Have completed firearms training and education component required by this legislation.
  • Fingerprints are optional, but ISP can take an additional 30 days to process application if no fingerprints are submitted.
New License: $150
Renewal: $150 
Replace Lost or Stolen License, or Change of Address: $75
Nonresident License: $300

Concealed Carry Licensing Board
The Concealed Carry Licensing Board will be comprised of 7 members, appointed by the Governor and coinciding with his/her term. 

The make-up of the board will be:
  • No more than 4 members from same political party;
  • Geographic diversity: 3 commissioners from 1st Supreme Court District (Cook County); 1 commissioner from each of the other 4 Districts;
  • Majority vote required to find applicant eligible or ineligible, or to request additional information from the applicant or law enforcement;

The Licensing Board will considers applications only when:
  • Law enforcement has objected to the applicant; OR 
  • Where the applicant has 5 or more arrests for any reason, that have been entered into the LEADS database, within the 7 years preceding the date of application for a license, or has 3or more arrests within the 7 years preceding the date of application for a license for any combination of “gang-related offenses” (defined in the bill with reference to specific Criminal Code offenses);
If the Board determines by a preponderance of the evidence that the applicant poses a danger to himself or herself, others, or a threat to public safety, the Board shall find the applicant ineligible for a license; if not, the applicant is eligible.

There will be no Reciprocity or Recognition of Licenses Issued by Other States
Qualified Applicants Shall Be Issued Licenses
There will be $300 Fee for nonresidents
Nonresident non-licensee with right to carry in home state may carry within a vehicle in Illinois

Prohibited Areas
Concealed weapons will not be permitted in the following areas:
  • Property under the control of an elementary or secondary school;
  • Property under the control of a pre-school or child care facility;
  • Property under the control of an officer of the executive or legislative branch of government (with exception for DNR-regulated areas where carrying firearms is allowed);
  • Courthouses;
  • Libraries; 
  • Airports; 
  • Gaming facilities; 
  • Stadiums, arenas, sporting events; 
  • Amusement parks; 
  • Museums and zoos;
  • Buildings under the control of a unit of local government;
  • Property under the control of an adult or juvenile detention or correctional institution, prison, or jail;
  • Property under the control of a public or private hospital, mental health facility, or nursing home;
  • Public transportation (buses, trains, and stations);
  • Property under the control of an establishment that serves alcohol on its premises, if more than 50% of the establishment's gross receipts come from the sale of alcohol;
  • Any public gathering or special event conducted on property open to the public that requires the issuance of a permit from the unit of local government (with exception for a licensee who must walk through a public gathering in order to access his or her residence, place of business, or vehicle);
  • Any building or real property that has been issued a Special Event liquor license during the time designated for the sale of alcohol by the special event liquor license;
  • Public playgrounds;
  • Any public park, athletic area, or athletic facility under the control of a municipality or park district (with exception for licensee from carrying a concealed firearm while on a trail or bikeway if only a portion of the trail or bikeway includes a public park);
  • Any real property under the control of the Cook County Forest Preserve District;
  • Any area where firearms are prohibited under federal law
  • Colleges and universities: Any building, classroom, laboratory, medical clinic, hospital, artistic venue, athletic venue, entertainment venue, officially recognized university-related organization property, and any real property, including parking areas, sidewalks, and common areas under control of a public or private community college, college, or university. 
    • Nothing in this Act shall prohibit a public or private community college, college, or university from: 
      • prohibiting persons from carrying a firearm within  a vehicle owned, leased, or controlled by the college or university; 
      •  developing resolutions, regulations, or policies regarding student, employee, or visitor misconduct and discipline, including suspension and expulsion; 
      • developing resolutions, regulations, or policies  regarding the storage or maintenance of firearms, which must include designated areas where persons can park  vehicles that carry firearms; and 
      • permitting the carrying or use of firearms for the purpose of instruction and curriculum of officially recognized programs, including but not limited to military science and law enforcement training programs, or in any  designated area used for hunting purposes or target shooting.  
Private Property Owners
May prohibit the carrying of firearms on their property, subject to the parking lot exception.

Signs Notifying Licensees of Prohibited Areas
Prohibited areas and private property designated by the owner (except private residences) as a no-carry zone must post 4”x6” signs clearly and conspicuously at the entrance of the property to notify licensees that the carrying of concealed firearms is prohibited on the premises.

Pass-Through Provisions
A licensee shall not be in violation of a prohibited area while he or she is traveling along a public right of way that touches or crosses any prohibited area if the concealed firearm is carried on his or her person in accordance with the provisions of this legislation or is being transported in a vehicle by the licensee in accordance with all other applicable provisions of law.

Parking Lot Exception
A licensee prohibited from carrying a concealed firearm into the parking area of a prohibited location shall be permitted to carry a concealed firearm on or about his or her person within a vehicle into the parking area and may store a firearm or ammunition concealed in a case within a locked vehicle or locked container within the vehicle in the parking area. 

A licensee may carry a concealed firearm in the immediate area surrounding his or her vehicle within a prohibited parking lot area only for the limited purpose of storing or retrieving a firearm within the vehicle's trunk, provided the licensee ensures the concealed firearm is unloaded prior to exiting the vehicle. For purposes of this subsection, a "case" includes a glove compartment or console that completely encloses the concealed firearm or ammunition, the trunk of the vehicle, or a firearm carrying box, shipping box, or other similar container.

Carrying Under the Influence
Prohibited and subject to criminal penalties. A provision granting implied consent for a sobriety test if a police officer has reasonable suspicion that a licensee carrying firearm is intoxicated has been removed from the bill.

Duty to Inform Police
Provides that, if an law enforcement officer initiates an investigative stop of a licensee who is carrying a concealed firearm, upon the request of the officer the licensee shall disclose to the officer that he or she is in possession of a concealed firearm, present the license upon the request of the officer, and identify the location of the concealed firearm.

Penalties for Violations
Carrying under the influence or violating prohibited area is a Class B misdemeanor (up to 6 months in jail or 2 years of probation, plus a fine up to $1,500 and an additional $150 fee).

Second or subsequent violation is a Class A misdemeanor (under 1 year in jail or 2 years of probation, plus a fine up to $2,500 and an additional $150 fee).

Suspension or Revocation
Provides for suspension of a license (up to 6 months) for a second violation, and permanent revocation for 3 or more violations.

Privacy: FOIA and Open Meetings Act 
Applicant and Licensee information is not subject to FOIA. 
Concealed Carry Licensing Board proceedings are not subject to Open Meetings Act (but records of proceedings must be kept in the event of administrative or judicial review).

Mental Health Reporting
Clarifies existing duties of health professionals, courts, school personnel, law enforcement, DHS, and ISP to identify and report information regarding disqualifying mental health conditions, orders of protection, and other firearm prohibitors, and to ensure that prohibited persons do not possess FOID Cards or firearms. 

Aggravated UUW Revisions
Amends Criminal Code weapons provisions declared unconstitutional by Seventh Circuit, in order to accommodate concealed carry by persons licensed under the provisions of the Firearm Concealed Carry Act.

Preemption of All Local Government Regulation of Firearms
Provides that “[t]he regulation, licensing, possession, carrying, and  transportation of firearms are exclusive powers and function of the State. Except as explicitly provided in this Act, a home rule unit may not regulate or license any matter related to firearms, including the possession, carrying, and transportation of firearms. This Section is a limitation under subsection (h) of Section 6 of Article VII of the Illinois Constitution on the exercise by home rule units of powers and functions exercised by the State. Any municipal law or ordinance inconsistent with this Section shall be invalidated upon the effective date of this Act.”

Consolidation of Cards Conferring Firearms Privileges
New applicants for a carry license need not have a valid FOID Card (but still must qualify for one). For such an individual, the carry license shall serve as his or her FOID Card.

The bill also creates a 7-member Task Force to study consolidating the FOID Card and Concealed Carry License into a single card. The four legislative caucus leaders would each appoint one member; the other members would be appointed by the Director of ISP, the Secretary of State, and a member representing the NRA and appointed by the Speaker.