SB3298 100TH GENERAL ASSEMBLY

LRB100 18824 MRW 34064 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB3298

Introduced 2/16/2018, by Sen. Ira I. Silverstein

SYNOPSIS AS INTRODUCED:

430 ILCS 66/10
430 ILCS 66/12 new
430 ILCS 66/15
430 ILCS 66/87

Amends the Firearm Concealed Carry Act. Requires approval by the local law enforcement agency where the applicant for a concealed carry license resides before the Department of State Police can issue the license. Provides the chief law enforcement officer of the law enforcement agency or sheriff, depending on the residence of the applicant, has 30 days from receipt of the application to review the application and he or she shall approve the applicant unless he or she determines the applicant is unsuitable for a concealed carry license. Provides a finding of unsuitability requires: (1) reliable and credible information that the applicant has exhibited or engaged in behavior that suggests that, if issued a license, the applicant may create a risk to public safety; (2) existing factors that suggest that, if issued a license, the applicant may create a risk to public safety; (3) reasonable suspicion that the applicant is a danger to himself or herself or others; or (4) other reasonable cause exists for denial. Provides if the chief law enforcement officer or sheriff fails to notify the Department of his or her approval or denial of the application within 30 days of receipt of application, the Department of State Police shall consider the application approved and completed, and shall process the application in accordance with the Act. Provides an applicant denied approval by a local law enforcement agency may petition the circuit court in writing in the county of his or her residence for a hearing upon the denial.

A BILL FOR

AN ACT concerning safety.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Firearm Concealed Carry Act is amended by changing Sections 10, 15, and 87 and by adding Section 12 as follows:

(430 ILCS 66/10)

Sec. 10. Issuance of licenses to carry a concealed firearm.

(a) The Department shall issue a license to carry a concealed firearm under this Act to an applicant who:

(1) meets the qualifications of Section 25 of this Act;

(2) has provided the application and documentation required in Section 30 of this Act;

(2.5) has been approved by his or her local law enforcement agency under Section 12 of this Act;

(3) has submitted the requisite fees; and

(4) does not pose a danger to himself, herself, or others, or a threat to public safety as determined by the Concealed Carry Licensing Review Board in accordance with Section 20.

(b) The Department shall issue a renewal, corrected, or duplicate license as provided in this Act.

(c) A license shall be valid throughout the State for a period of 5 years from the date of issuance. A license shall permit the licensee to:

(1) carry a loaded or unloaded concealed firearm, fully concealed or partially concealed, on or about his or her person; and

(2) keep or carry a loaded or unloaded concealed firearm on or about his or her person within a vehicle.

(d) The Department shall make applications for a license available no later than 180 days after the effective date of this Act. The Department shall establish rules for the availability and submission of applications in accordance with this Act.

(e) An application for a license submitted to the Department that contains all the information and materials required by this Act, including the requisite fee and local law enforcement agency approval under Section 12 of this Act, shall be deemed completed. Except as otherwise provided in this Act, no later than 90 days after receipt of a completed application, the Department shall issue or deny the applicant a license.

(f) The Department shall deny the applicant a license if the applicant fails to meet the requirements under this Act or the Department receives a determination from the Board that the applicant is ineligible for a license. The Department must notify the applicant stating the grounds for the denial. The notice of denial must inform the applicant of his or her right to an appeal through administrative and judicial review.

(g) A licensee shall possess a license at all times the licensee carries a concealed firearm except:

(1) when the licensee is carrying or possessing a concealed firearm on his or her land or in his or her abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission;

(2) when the person is authorized to carry a firearm under Section 24-2 of the Criminal Code of 2012, except subsection (a-5) of that Section; or

(3) when the handgun is broken down in a non-functioning state, is not immediately accessible, or is unloaded and enclosed in a case.

(h) If an officer of a law enforcement agency initiates an investigative stop, including but not limited to a traffic stop, of a licensee or a non-resident carrying a concealed firearm under subsection (e) of Section 40 of this Act, upon the request of the officer the licensee or non-resident shall disclose to the officer that he or she is in possession of a concealed firearm under this Act, or present the license upon the request of the officer if he or she is a licensee or present upon the request of the officer evidence under paragraph (2) of subsection (e) of Section 40 of this Act that he or she is a non-resident qualified to carry under that subsection. The disclosure requirement under this subsection (h) is satisfied if the licensee presents his or her license to the officer or the non-resident presents to the officer evidence under paragraph (2) of subsection (e) of Section 40 of this Act that he or she is qualified to carry under that subsection. Upon the request of the officer, the licensee or non-resident shall also identify the location of the concealed firearm and permit the officer to safely secure the firearm for the duration of the investigative stop. During a traffic stop, any passenger within the vehicle who is a licensee or a non-resident carrying under subsection (e) of Section 40 of this Act must comply with the requirements of this subsection (h).

(h-1) If a licensee carrying a firearm or a non-resident carrying a firearm in a vehicle under subsection (e) of Section 40 of this Act is contacted by a law enforcement officer or emergency services personnel, the law enforcement officer or emergency services personnel may secure the firearm or direct that it be secured during the duration of the contact if the law enforcement officer or emergency services personnel determines that it is necessary for the safety of any person present, including the law enforcement officer or emergency services personnel. The licensee or nonresident shall submit to the order to secure the firearm. When the law enforcement officer or emergency services personnel have determined that the licensee or non-resident is not a threat to the safety of any person present, including the law enforcement officer or emergency services personnel, and if the licensee or non-resident is physically and mentally capable of possessing the firearm, the law enforcement officer or emergency services personnel shall return the firearm to the licensee or non-resident before releasing him or her from the scene and breaking contact. If the licensee or non-resident is transported for treatment to another location, the firearm shall be turned over to any peace officer. The peace officer shall provide a receipt which includes the make, model, caliber, and serial number of the firearm.

(i) The Department shall maintain a database of license applicants and licensees. The database shall be available to all federal, State, and local law enforcement agencies, State's Attorneys, the Attorney General, and authorized court personnel. Within 180 days after the effective date of this Act, the database shall be searchable and provide all information included in the application, including the applicant's previous addresses within the 10 years prior to the license application and any information related to violations of this Act. No law enforcement agency, State's Attorney, Attorney General, or member or staff of the judiciary shall provide any information to a requester who is not entitled to it by law.

(j) No later than 10 days after receipt of a completed application, the Department shall enter the relevant information about the applicant into the database under subsection (i) of this Section which is accessible by law enforcement agencies.

(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-29, eff. 7-10-15.)

(430 ILCS 66/12 new)

Sec. 12. Approval by local law enforcement agency.

(a) The Department shall submit an application and the results of its investigation under Section 35 of this Act to:

(1) the chief law enforcement officer of the law enforcement agency of the municipality where the applicant resides;

(2) the county sheriff of the county where the applicant resides if there is no chief law enforcement officer of the law enforcement agency for the municipality where the applicant resides; or

(3) the county sheriff if the applicant resides in an unincorporated area of the county.

(b) The chief law enforcement officer or sheriff shall review the application and information submitted by the Department, and may conduct his or her own investigation of the applicant. The chief law enforcement officer or sheriff shall approve the application unless he or she determines the applicant is unsuitable to be issued a license under this Act. A determination of unsuitability shall be based upon:

(1) reliable and credible information that the applicant has exhibited or engaged in behavior that suggests that, if issued a license, the applicant may create a risk to public safety;

(2) existing factors that suggest that, if issued a license, the applicant may create a risk to public safety;

(3) reasonable suspicion that the applicant is a danger to himself or herself or others; or

(4) other reasonable cause exists for denial.

(c) The chief law enforcement officer or sheriff shall notify the Department of his or approval or denial of the application within 30 days of receipt of the information under subsection (a) of this Section. If the chief law enforcement officer or sheriff fail to notify the Department of his or approval or denial within the 30-day period, the Department shall consider the application approved and completed, and shall process the application in accordance with this Act.

(430 ILCS 66/15)

Sec. 15. Objections by law enforcement agencies.

(a) Any law enforcement agency, other than the agency of the chief law enforcement officer or sheriff receiving an application under Section 12 of this Act, may submit an objection to a license applicant under this Section based upon a reasonable suspicion that the applicant is a danger to himself or herself or others, or a threat to public safety. The objection shall be made by the chief law enforcement officer of the law enforcement agency, or his or her designee, and must include any information relevant to the objection. If a law enforcement agency submits an objection under this Section within 30 days after the entry of an applicant into the database, the Department shall submit the objection and all information available to the Board under State and federal law related to the application to the Board within 10 days of completing all necessary background checks.

(b) If an applicant has 5 or more arrests for any reason, that have been entered into the Criminal History Records Information (CHRI) System, within the 7 years preceding the date of application for a license, or has 3 or more arrests within the 7 years preceding the date of application for a license for any combination of gang-related offenses, the Department shall object and submit the applicant's arrest record to the extent the Board is allowed to receive that information under State and federal law, the application materials, and any additional information submitted by a law enforcement agency to the Board. For purposes of this subsection, "gang-related offense" is an offense described in Section 12-6.4, Section 24-1.8, Section 25-5, Section 33-4, or Section 33G-4, or in paragraph (1) of subsection (a) of Section 12-6.2, paragraph (2) of subsection (b) of Section 16-30, paragraph (2) of subsection (b) of Section 31-4, or item (iii) of paragraph (1.5) of subsection (i) of Section 48-1 of the Criminal Code of 2012.

(c) The referral of an objection under this Section to the Board shall toll the 90-day period for the Department to issue or deny the applicant a license under subsection (e) of Section 10 of this Act, during the period of review and until the Board issues its decision.

(d) If no objection is made by a law enforcement agency or the Department under this Section, the Department shall process the application in accordance with this Act.

(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.)

(430 ILCS 66/87)

Sec. 87. Administrative and judicial review.

(a) Whenever an application for a concealed carry license is denied, whenever the Department fails to act on an application within 90 days of its receipt, or whenever a license is revoked or suspended as provided in this Act, the aggrieved party may appeal to the Director for a hearing upon the denial, revocation, suspension, or failure to act on the application, unless the denial was made by the local law enforcement agency under Section 12 of this Act or the Concealed Carry Licensing Review Board, in which case the aggrieved party may petition the circuit court in writing in the county of his or her residence for a hearing upon the denial.

(b) All final administrative decisions of the Department or the Concealed Carry Licensing Review Board under this Act shall be subject to judicial review under the provisions of the Administrative Review Law. The term "administrative decision" is defined as in Section 3-101 of the Code of Civil Procedure.

(Source: P.A. 98-63, eff. 7-9-13.)