100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5687

 

Introduced , by Rep. Jerry Costello, II

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 66/15

    Amends the Firearm Concealed Carry Act. Provides that a law enforcement agency may submit an objection to a license applicant based upon specific and articulable reasons or circumstances (rather than a reasonable suspicion) that the applicant is a danger to himself or herself or others, or a threat to public safety. Provides that the Concealed Carry Licensing Review Board may request more information from the law enforcement agency that submits an objection and if the request is made the agency shall have 30 days to supply the required information. Provides that if the agency fails to respond or does not provide adequate information, the objection shall be rendered moot and the Board shall grant the license. Provides that the Board may not take more than 90 days to render a decision from the time the objection is filed. Provides that failure to render a decision shall be grounds for a mandamus action in which the Board shall be liable for all costs and attorney's incurred by the applicant. Effective immediately.


LRB100 20164 RLC 35449 b

 

 

A BILL FOR

 

HB5687LRB100 20164 RLC 35449 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 15 as follows:
 
6    (430 ILCS 66/15)
7    Sec. 15. Objections by law enforcement agencies.
8    (a) Any law enforcement agency may submit an objection to a
9license applicant based upon specific and articulable reasons
10or circumstances a reasonable suspicion that the applicant is a
11danger to himself or herself or others, or a threat to public
12safety. The objection shall be made by the chief law
13enforcement officer of the law enforcement agency, or his or
14her designee, and must include any information relevant to the
15objection. If a law enforcement agency submits an objection
16within 30 days after the entry of an applicant into the
17database, the Department shall submit the objection and all
18information available to the Board under State and federal law
19related to the application to the Board within 10 days of
20completing all necessary background checks. The Board may
21request more information from the law enforcement agency that
22submits an objection and if the request is made the agency
23shall have 30 days to supply the required information. If the

 

 

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1agency fails to respond or does not provide adequate
2information, the objection shall be rendered moot and the Board
3shall grant the license.
4    (b) If an applicant has 5 or more arrests for any reason,
5that have been entered into the Criminal History Records
6Information (CHRI) System, within the 7 years preceding the
7date of application for a license, or has 3 or more arrests
8within the 7 years preceding the date of application for a
9license for any combination of gang-related offenses, the
10Department shall object and submit the applicant's arrest
11record to the extent the Board is allowed to receive that
12information under State and federal law, the application
13materials, and any additional information submitted by a law
14enforcement agency to the Board. For purposes of this
15subsection, "gang-related offense" is an offense described in
16Section 12-6.4, Section 24-1.8, Section 25-5, Section 33-4, or
17Section 33G-4, or in paragraph (1) of subsection (a) of Section
1812-6.2, paragraph (2) of subsection (b) of Section 16-30,
19paragraph (2) of subsection (b) of Section 31-4, or item (iii)
20of paragraph (1.5) of subsection (i) of Section 48-1 of the
21Criminal Code of 2012.
22    (c) The referral of an objection under this Section to the
23Board shall toll the 90-day period for the Department to issue
24or deny the applicant a license under subsection (e) of Section
2510 of this Act, during the period of review and until the Board
26issues its decision; however, in no case shall the Board take

 

 

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1more than 90 days to render a decision from the time the
2objection is filed. Failure to render a decision shall be
3grounds for a mandamus action in which the Board shall be
4liable for all costs and attorney's incurred by the applicant.
5    (d) If no objection is made by a law enforcement agency or
6the Department under this Section, the Department shall process
7the application in accordance with this Act.
8(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.)
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.