Section 1231.10  Definitions

 

In addition to the definitions included in this Section, any additional definitions created in Section 5 of the Act apply.

 

"Act" means the Firearms Concealed Carry Act [430 ILCS 66].

 

"Active" means the Firearm Concealed Carry License is active in the online FOID/FCCL system and valid for purposes of carrying a concealed firearm.

 

"All Applicable State and Federal Laws Relating to the Ownership, Storage, Carry and Transportation of Firearms Instruction" means, at a minimum, instruction on the Act in its entirety, with emphasis on Sections 10(h) and 65 of the Act; the Firearm Owner Identification Card Act [430 ILCS 65]; relevant portions of the Criminal Code of 2012, including but not limited to, use of force in defense of a person [720 ILCS 5/7-1], use of force in defense of dwelling [720 ILCS 5/7-2], use of force in defense of other property [720 ILCS 5/7-3], and unlawful use of a weapon [720 ILCS 5/Art. 24].

 

"Application Verification Document" means the documents electronically generated by the Department upon submission of a completed Firearms Instructor Approval Application, which authorizes the Department to verify the answers given and confirm the validity of the information provided.

 

"B-27 Silhouette Target" means any target that complies with the National Rifle Association of America B-27 50 Yard Target Specifications.

 

"Basic Principles of Marksmanship Instruction" means, at a minimum, instruction on stance, grip, sight alignment, sight picture and trigger control.

 

"Care, Cleaning, Loading and Unloading of a Concealable Firearm Instruction" means, at a minimum, instruction on gun identification, ammunition identification and selection, safety and cleaning protocols, cleaning equipment, and firearms loading and unloading.

 

"CCLRB" means the Concealed Carry Licensing Review Board.

 

"Department" means the Illinois State Police.

 

"Designator" means an indication printed on the face of a FOID Card signaling that the card holder has been issued an FCCL.

 

"FCCL" means Firearms Concealed Carry License issued pursuant to the Act, which may be indicated as a Designator printed on the face of a FOID Card.

 

"Firearms Safety Instruction" means, at a minimum, instruction on the four basic firearms handling safety rules, home storage, vehicle storage and public storage.

 

"FOID Act" means the Firearm Owner's Identification Card Act [430 ILCS 65].

 

"FOID Card" means the Firearm Owner's Identification Card as defined in Section 6 of the FOID Act, which may include an FCCL Designator printed on the face of the card.

 

"Four Basic Firearms Handling Safety Rules" means: 

 

Keep the firearm pointed in a safe direction and never at anything the shooter is not willing to destroy;

 

Keep finger off the trigger until the sights are aligned on target and the shooter is ready to shoot and do not press on the trigger unless the shooter intends to fire;

 

Treat all guns as though they are always loaded; and

 

Know the target and what lies beyond the target.

 

For purposes of Section 75(e) of the Act, "hit the target" shall mean hit the scoring area of the B-27 Silhouette Target.

 

"Illinois Resident" means a person who qualifies for an Illinois driver's license, other than a Temporary Visitor's Driver's License (TVDL), or an Illinois State identification card due to his or her establishment of a primary domicile in Illinois.

 

"In Person" means during a live, face-to-face interaction and not via video conference, webinar or any other electronic media, except that pre-recorded materials may be used by an instructor during a live presentation.

 

"Law Enforcement Official" means an employee of a government agency who:

 

is authorized by law to engage in or supervise the prevention, detection, investigation, prosecution or incarceration of any person for any violation of law;

 

has statutory powers of arrest or custodial detention;

 

is authorized by the agency to carry a firearm while on duty;

 

is not the subject of any disciplinary action by the employing agency that could result in termination;

 

meets the standards established by the agency that require the employee to regularly qualify in the use of a firearm; and

 

is not prohibited by federal law from possessing a firearm.

 

"LEADS" means the Illinois Law Enforcement Agencies Data System maintained by the Department.  It is a statewide, computerized telecommunications system designed to provide services, information and capabilities to the Illinois law enforcement and criminal justice community.

 

"NICS" means the National Instant Criminal Background Check System maintained by the Federal Bureau of Investigation.

 

"NLETS" means the National Law Enforcement Telecommunications System.

 

"Online FOID/FCCL System" means the Department's applicant and person-to-person portal which allows a person to apply for a FOID Card or FCCL and access their FOID Card/FCCL dashboard, as well as determine whether the applicant's FOID Card or another person's FOID Card is valid and active where permitted by law.

 

"Public Storage" means storage at publicly-owned location, for example in a storage locker provided by a public or government facility, which may or may not have its own storage rules or protocols. 

 

"Purchaser" means any person who is buying or receiving firearms or firearms ammunition as part of sale or transfer.

 

"Reset" means the Department takes action to ensure the applicant may reapply with its online FOID/FCCL system.

 

"Seller" means any person who is selling or transferring firearms or firearms ammunition as part of a sale or transfer.

 

"Transfer" means the permanent relinquishment of ownership of a firearm to another person regardless of whether consideration or money is received by the seller.

 

"Substantially Similar" means the comparable state regulates who may carry firearms, concealed or otherwise, in public; prohibits all who have involuntary mental health admissions, and those with voluntary admissions within the past 5 years, from carrying firearms, concealed or otherwise, in public; reports denied persons to NICS; and participates in reporting persons authorized to carry firearms, concealed or otherwise, in public through NLETs.

 

"United States Armed Forces" shall, for purposes of Section 75 of the Act, include all branches of the U.S. Military (Army, Air Force, Coast Guard, Marine Corps and Navy), as well as the Federal Reserve Components (Army, Navy, Air Force, Marine Corps and Coast Guard) and National Guard (Army and Air).

 

"Valid Driver's License" or "Valid State Identification Card" means current and not suspended, revoked, expired, cancelled, invalidated, denied or disqualified. It does not include a temporary visitor's driver's license (TVDL).

 

"Valid Firearms Instructor Certification" means certification as: 

 

a Law Enforcement Firearms Instructor; or

 

a Firearms Instructor qualified to teach either handgun safety or a handgun training course that requires in-person classroom or lecture sessions totaling at least 3 hours and a live handgun firing component that was issued by:

 

a law enforcement entity;

 

a State or federal government entity (e.g., Military, Coast Guard, etc.);

 

the Illinois Law Enforcement Training Standards Board;

 

the National Rifle Association of America (NRA); or

 

any other entity recognized by at least 3 state or federal government agencies as being qualified to provide education and training in the safe and proper use of firearms that maintains a program or process to certify instructors.

 

"Weapons Handling Instruction" means, at a minimum:

 

handgun fundamentals;

 

handgun concealment;

 

live fire qualification instruction; and

 

live fire qualification with a concealable firearm using a B-27 silhouette target consisting of a minimum of 30 rounds and 10 rounds from a distance of 5 yards, 10 rounds from a distance of 7 yards and 10 rounds from a distance of 10 yards.

 

"Within a Vehicle" means within the passenger compartment of a passenger or recreational vehicle or within a lockable container secured to a motorcycle. 

 

(Source:  Amended at 46 Ill. Reg. 1081, effective December 21, 2021)

 

Section 1231.20  Instructor Approval

 

a)         Applicants for Concealed Carry Firearm Instructor (Instructor) approval shall meet the requirements of Section 80 of the Act and shall maintain:

 

1)         A valid Firearm Owner's Identification (FOID) Card or, if an out-of-state resident, the applicant must meet all of the eligibility requirements to obtain a FOID Card other than Illinois residency (see 20 Ill. Adm. Code 1230); and

 

2)         After April 16, 2014, a valid FCCL, unless the applicant is not required to possess an FCCL to conceal and carry handguns in Illinois, or, if the applicant is an out-of-state resident not from a substantially similar state, that person shall provide proof to the Department upon request that he or she is not required to possess an FCCL to conceal and carry handguns in Illinois, or that he or she is eligible to carry under the laws of his or her state or territory of residence.

 

b)         Application to be a Concealed Carry Firearms Instructor shall be made by first submitting a full set of fingerprints to the Department in an electronic format using a Live Scan Vendor licensed by the Department of Financial and Professional Regulation or a law enforcement agency registered by the Department. Manual fingerprints will not be accepted.

 

c)         Upon receiving a Live Scan Fingerprint Transaction Control Number (TCN) from the Licensed Live Scan Vendor or law enforcement agency registered by the Department, the applicant shall electronically complete and submit the Department's Concealed Carry Firearms Instructor Approval Application (Application), available on the Department's website at www.isp.state.il.us.

 

d)         The Application must be complete and accurate. Incomplete Applications will not be accepted or processed. Upon receipt of an incomplete Application, the Department shall notify the instructor applicant and advise what information is missing. If an instructor applicant has not provided the missing information in response to the Department's notification within 60 days after notice from the Department, the Application shall be denied.

 

e)         Applicants must have read the Act in its entirety and understand the rules and requirements of this Part.

 

f)         Applicants must meet all of the requirements of Section 30 of the Act.

 

g)         Upon completing and submitting the Application electronically, the applicant must print the Application Verification Document, sign it, have it notarized, attach the required Valid Firearms Instructor Certifications, and submit the Certification documents to:

 

Illinois State Police

Concealed Carry Firearms Instructor Approval

P.O. Box 19333

Springfield IL 62724

 

(Source:  Amended at 38 Ill. Reg. 19282, effective September 12, 2014)

 

Section 1231.30  Instructor Approval Revocation

 

a)         Revocation or expiration of either the FOID Card or FCCL shall result in the immediate revocation of the Instructor's approval.

 

b)         The Department may revoke an Instructor's approval upon receiving substantiated information that the Instructor is not teaching the curriculum in a manner consistent with Section 75 of the Act. 

 

c)         The Department may, without providing prior notice, audit an Instructor's scheduled training for purposes of investigating allegations that an Instructor and/or curriculum is not in compliance with the Act and this Part. 

 

1)         To facilitate an adequate audit trail, instructors shall maintain all records to support any training certification as required by Section 75(f) of the Act, which shall include:

 

A)        copies of training certificates currently accepted to satisfy the prior training credit submitted by students; and

 

B)        written training rosters that shall include:

 

i)          instructor's name and CCT number;

 

ii)         curriculum name and CCC number;

 

iii)        student's full legal name;

 

iv)        student's date of birth;

 

v)         student's address;

 

vi)        student's phone number;

 

vii)       total hours attended, broken down to identify hours per topic covered as approved in Section 1231.40;

 

viii)      pass/fail live fire qualification; and

 

ix)        an indication of yes/no on issuance of ISP CCL training certificate, which shall serve as proof of completion of training.

 

d)         Complaints regarding Instructors may be made by contacting the Department (see the Department's website at www.isp.state.il.us).

 

e)         Upon revocation of an Instructor's approval, the Instructor's name and information shall be removed from the registry of approved Instructors maintained by the Department and available on its website.

 

f)         Once an Instructor's approval is revoked and the Department issues a letter of revocation to the Instructor, the Instructor may appeal the revocation to the Director of the Department and present evidence that the factors resulting in the revocation have been resolved.  If the Director determines that the revocation of approval was not warranted, or that the issues that resulted in revocation have been remedied, the Instructor's approval shall be reinstated, the Instructor shall be notified and the name of the Instructor shall be restored to the registry of approved Instructors.

 

(Source:  Amended at 38 Ill. Reg. 19282, effective September 12, 2014)

 

Section 1231.40  Curriculum Approval

 

a)         Application for curriculum approval shall be made by completing and submitting a Request for Approval of a Concealed Carry License Firearms Curriculum form, which is available on the Department's website.

 

b)         The application must be complete, accurate, signed, and notarized.  If the application is not completed properly, it will be returned to the applicant and will not be processed.

 

c)         The applicant shall verify that the proposed curriculum meets the requirements set forth in the Act and that the course will be taught in person, as described in this Section. 

 

d)         Training necessary for issuance of the FCCL shall consist of 16 hours of classroom and firearm training.  Pursuant to Section 75(g), (h) and (i) of the Act, fewer hours of training, or no additional training, will be acceptable in certain instances (see Appendix B) indicating prior firearms training.

 

1)         A 16 hour training course must, at a minimum, cover the following topics:

 

A)        Firearms Safety − a minimum of 1 hour; 

 

B)        Basic Principles of Marksmanship − a minimum of 1 hour;

 

C)        Care, Cleaning, Loading and Unloading of a Concealable Firearm − a minimum of 1 hour;

 

D)        All Applicable State and Federal Laws Relating to the Ownership, Storage, Carry and Transportation of a Firearm and appropriate and lawful interaction with law enforcement while transporting or carrying a concealed firearm − a minimum of 2 hours; and

 

E)        Weapons Handling − a minimum of 1 hour.

 

2)         An 8 hour training course must, at a minimum, cover the following topics:

 

A)        All Applicable State and Federal Laws Relating to the Ownership, Storage, Carry and Transportation of a Firearm and appropriate and lawful interaction with law enforcement while transporting or carrying a concealed firearm − a minimum of 2 hours; and

 

B)        Weapons Handling − a minimum of 1 hour.

 

3)         For the topics to be included in the 16 hour and 8 hour training courses, the minimum hours established in this subsection (d) have been determined to be sufficient for the experienced shooter and shall be adjusted upward by the approved instructor based upon the skill level of those to be trained to ensure proficiency by all upon the completion of the required training component.  

 

e)         A 3 hour licensure renewal course must, at a minimum, cover the following topics:

 

1)         Two hours to cover:

 

A)        any updates to Illinois or federal firearms laws governing concealed carry in Illinois;

 

B)        updates in the Criminal Code Sections listed in Section 1231.10; and

 

C)        appropriate and lawful interaction with law enforcement while transporting or carrying a concealed firearm; and

 

2)         One hour of instruction to include a live fire qualification with a concealable firearm using a B-27 silhouette target consisting of a minimum of 30 rounds and 10 rounds from a distance of 5 yards, 10 rounds from a distance of 7 yards and 10 rounds from a distance of 10 yards.

 

f)         The Department may request a complete course outline and instructional notes or any additional course related information from the applicant. If the applicant refuses the request, the application will be deemed incomplete and returned to the applicant.

 

g)         Once approved by the Department, the curriculum may only be taught by an Instructor approved by the Department under Section 1231.20 who is listed on the registry of approved Instructors.

 

h)         Upon receiving substantiated information that a curriculum is not consistent with Section 75 of the Act, the Department may remove that curriculum from the list of approved curriculums maintained on the Department's website. 

 

i)          Once a curriculum is removed from the list of approved curricula, the decision to remove the curriculum from the list may be appealed to the Director of the Department and evidence must be presented that the factors resulting in the revocation have been resolved.  If the Director determines that the removal of the curriculum from the list was not warranted, or that the issues that resulted in that removal have been remediated, the curriculum approval shall be reinstated to the list.

 

Section 1231.50  Training Certification

 

a)         Approved Instructors shall complete for FCCL applicants the Department's Concealed Carry Firearms Training Certification form, which is available on the Department's website.

 

b)         The Certification form shall only be completed for those FCCL applicants who the Instructor trained in person for whom the Instructor can verify:

 

1)         successful completion of the appropriate Department approved curriculum; or

 

2)         that the FCCL applicant has already successfully completed training through a Department approved curriculum.

 

c)         On the Certification form, the Instructor shall:

 

1)         certify the number of hours the FCCL applicant successfully completed; and

 

2)         provide the unique identification number assigned by the Department to the approved curriculum and the Instructor.

 

d)         For those FCCL applicants who provided proof of up to 8 hours of training already completed toward the 16 hours training, the Instructor shall:

 

1)         verify the aggregate number of hours for which the FCCL applicant provided proof of instruction in Firearms Safety, Basic Principles of Marksmanship, and Care, Cleaning, Loading and Unloading of a Concealable Firearm, based upon a list provided by the Department of accepted training courses, and provide the necessary additional hours of training to equal 16 hours total;

 

2)         certify whether the FCCL applicant successfully completed the 8 hours training required by Section 1231.40; and

 

3)         identify which prior training credits the Instructor verified, as identified on the Department's Concealed Carry Firearm Training Certification form.

 

e)         The Instructor may certify up to 8 hours of prior training, consistent with Section 75 of the Act.  The prior training may be substituted for no more than the following number of hours in any of the topics required by Section 1231.40(d)(2):

 

1)         Firearms Safety − a maximum of 2 classroom hours; 

 

2)         Basic Principles of Marksmanship − a maximum of 3 classroom and range hours; and

 

3)         Care, Cleaning, Loading and Unloading of a Concealable Firearm − a maximum of 3 classroom and range hours.

 

(Source:  Amended at 38 Ill. Reg. 19282, effective September 12, 2014)

 

Section 1231.60  Issuance of License

 

a)         An FCCL shall expire 5 years after the date of issuance.  

 

b)         The Department shall, 180 days prior to the expiration of an FCCL, forward to the last known address of each person whose FCCL is set to expire a notification of the expiration and instructions for renewal.  If the person whose FCCL is set to expire has opted to receive electronic communications from the Department in accordance with Section 100(d)(1), then this notification will be sent via e-mail or text message.

 

c)         The Department shall make applications available via its website no later than January 5, 2014. No later than January 1, 2022, the Department will provide an alternative to the web-based application process for Illinois residents who have limited or no access to the web-based application process by providing customer service kiosks at designated locations throughout the State.

 

1)         Assistance with completing the application is available at all customer service kiosks.  The locations of kiosks are available on the Department's website or by contacting the Firearm Services Bureau Call Center at (217) 782-7180.

 

2)         Paper applications, which may be obtained by contacting the Firearm Services Bureau Call Center, will only be accepted from applicants with appropriate proof they are unable to apply either on the internet or at a customer service kiosk due to religion or disability.  Proof of disability includes, but is not limited to, documentation from:

 

A)        the Social Security Administration;

 

B)        the Illinois Workers' Compensation Commission;

 

C)        the U.S. Department of Defense;

 

D)        an insurer authorized to transact business in Illinois who is providing disability insurance coverage; or

 

E)        a physician or health care provider licensed in this State and is in the position to know the applicant's medical condition.

 

d)         Applicants submitting fingerprints shall do so electronically by submitting a full set of fingerprints to the Department in an electronic format using a Live Scan vendor licensed by the Department of Financial and Professional Regulation or a law enforcement agency registered by the Department. Manual fingerprints will not be accepted.

 

e)         Upon receiving a Live Scan Fingerprint Transaction Control Number (TCN) from the licensed Live Scan vendor or law enforcement agency, the applicant shall electronically complete and submit the FCCL to the Department.

 

f)         The TCN for FCCL applicants will have a unique purpose code for the FCCL application process.  Concealed Carry Firearm Instructors may use        the TCN previously obtained for the instructor application process.  No other previously obtained TCNs may be used unless the purpose code is approved for FOID or FCCL use under federal law.

 

g)         The database of FCCL applicants maintained by the Department pursuant to Section 10(i) of Act shall be exempt from FOIA pursuant to FOIA Section 7.5(v) [5 ILCS 140/7.5(v)].

 

1)         Persons authorized to access the database shall register with the Department to obtain a unique password granting them secure access to the database.

 

2)         The entity employing persons requesting access to the database shall appoint a person to act as the entity's point of contact and shall enter into an agreement with the Department defining the security protocols of the database and access to the database. 

 

h)         Upon the development of a system under which an electronic version of an FCCL can be displayed on a mobile telephone other portable electronic device, the possession of that electronic version shall satisfy the requirements of Section 10(c) of the Act regarding possession of an FCCL so long as the device contains all security features required by the Department to ensure electronic version is current and accurate.

 

(Source:  Amended at 46 Ill. Reg. 1081, effective December 21, 2021)

 

Section 1231.70  Objections

 

a)         Criminal history background checks for all FCCL applicants will be conducted by the Department.  Law enforcement officials who wish to raise an objection to an FCCL applicant shall not use LEADS to run background checks to determine FCCL eligibility.

 

b)         Law enforcement officials may submit objections outside of the criminal history background check procedure via an electronic objection process available on the Department's website.  Manual submissions and LEADS information will not be accepted.

 

1)         Law enforcement officials submitting an objection shall provide a narrative outlining the detailed reason for the objection.

 

2)         Law enforcement officials submitting an objection shall attach any available documentation, other than information obtained from LEADS, supporting their objection.

 

c)         The Department may deny an application based upon a disqualifier identified pursuant to Section 25 of the Act; however, the local law enforcement official shall be permitted to submit objections for the duration of the objection period prescribed by Section 15 of the Act. 

 

d)         If, upon or after receiving an objection from a local law enforcement official, an FCCL applicant is disqualified through the criminal history background check conducted under Section 25 of the Act, the Department will maintain a record of those objections.  The objections will not be forwarded to the Concealed Carry Licensing Review Board for further consideration. 

 

Section 1231.80  Review Board

 

a)         The Concealed Carry Licensing Review Board is part of the criminal justice process responsible for reviewing an FCCL applicant's criminal history record and eligibility.

 

b)         Applicants disqualified pursuant to Section 25 of the Act shall not be referred to the Concealed Carry Licensing Review Board.

 

c)         If the applicant is subject to review pursuant to Section 20 of the Act, the Department will make the results of the applicant's State criminal history background check and federal and out-of-state fingerprint-based criminal history background check, as well as any local law enforcement objections, available to the Concealed Carry Licensing Review Board.

 

d)         The Concealed Carry Licensing Review Board shall provide the Department with its final decision on each applicant in an electronic report authored by the Chairperson of the Board. 

 

Section 1231.90  Qualifications for a License

 

a)         Applicants shall meet the requirements of Sections 25 and 30 of the Act, as well as Sections 4 and 8 of the FOID Act.

 

b)         FCCL applicants who are Illinois residents must have a valid FOID Card. Illinois residents who have applied for a FOID Card may apply for an FCCL before the FOID Card is issued. The Department will not approve the FCCL application until the applicant has been issued a FOID Card. If the FCCL applicant's FOID Card application is denied, the FCCL fee is not refundable (see Section 60(a) of the Act).

 

c)         The Department shall deny the FCCL application for any FCCL applicant who is prohibited under State or federal law from possessing or receiving a firearm. 

 

Section 1231.100  Application

 

a)         The application shall include the information required in Sections 25 and 30 of the Act, as well as the information required in Sections 4, 8, and 8.2 of the FOID Act. The application shall also include the FCCL applicant's citizenship, race, gender, phone number, e-mail address (if available) and state of residence. For Illinois residents, the application shall include the FCCL applicant's driver's license or identification card number and its expiration date.

 

b)         As part of the application process and pursuant to Section 30(b)(10) of the Act, FCCL applicants must electronically upload proof of compliance (e.g., training certificates; official documentation from the employing agency demonstrating that the applicant is an active law enforcement or corrections officer, has completed required firearms training, and is authorized to carry a firearm; official documentation from the Department approving the Concealed Carry Firearm Instructor's application that includes the Instructor Number; official documentation from the Illinois Law Enforcement Training and Standards Board; printouts from the Illinois Department of Financial and Professional Regulations' "License Look-up" that includes the licensee's name, license number and license status; etc.) with the training requirements of  Section 75 of the Act.  For every certificate submitted, FCCL applicants must include the Instructor's name and contact number and the name of the approved curriculum, as well as the unique identification numbers assigned by the Department to the instructor and the curriculum.  

 

c)         All information required pursuant to Section 30 of the Act as made available by the Department on its website shall be submitted electronically as part of the FCCL application, including but not limited to, any certifications regarding qualifications for a license under penalty of perjury.

 

1)         All applications pending on January 1, 2022, will be processed by the Department without further fee to the applicant if all fees as set forth in Section 1231.140 have been previously paid.

2)         However, if an application is incomplete or inaccurate, the applicant will be subject to subsections (f) and (g).

 

d)         FCCL applicants shall select whether they prefer to receive Department FCCL related notifications via e-mail, text message, or written notification.

 

1)         Applicants will be prompted to indicate how they wish to receive future communications, messages, and alerts using the applicant portal.

 

2)         If selecting e-mail or text messaging notifications, applicants shall opt out of first-class mail communication and provide a current e-mail address or cellular phone number to the Department as part of the application process and are responsible for checking the e-mail address and cellular phone number provided for correspondence from the Department regarding the application.

 

3)         The Department will require persons who select electronic communication to consent to accept service by electronic means of all notes, orders, pleadings, and motions filed in this matter in lieu of service by certified or regular mail.

 

A)        The person will be prompted to accept electronic service through the application portal.

 

B)        Service shall be made upon the party's email address provided through the applicant portal.

 

e)         If any of the FCCL applicant's contact information changes, including but not limited to the applicant's e-mail address or cellular number, the FCCL applicant shall amend the applicant's application to notify the Department of the corrected contact information.

 

f)         An application is complete if it contains all of the information and materials required by this Act, as well as the requisite fee which shall include a processing fee.  Upon receipt of an incomplete application, the Department shall notify the FCCL applicant and advise the applicant as to what information is missing.  The application shall not be deemed complete and the provisions of Section 10(e) of the Act shall not apply until the FCCL applicant provides a complete application including the requested missing information.

 

g)         If an FCCL applicant has not provided the missing information in response to the Department's notification within 60 days after notice from the Department, the application shall be denied.

 

(Source:  Amended at 46 Ill. Reg. 1081, effective December 21, 2021)

 

Section 1231.110  Non-Resident Application

 

a)         Pursuant to Section 40(b) of the Act, non-resident FCCL applications will only be accepted from persons licensed or permitted to carry firearms, concealed or otherwise, in public, in a substantially similar state. 

 

b)         The Department shall post on its website a list of all states determined to be substantially similar.

 

c)         The Department shall determine which states are substantially similar, as defined in Section 1231.10, to Illinois in their manner of regulating concealed carry of firearms by surveying all other states.  

 

d)         Non-resident FCCL applicants shall obtain a non-resident eligibility affidavit from the Department's website.

 

1)         The affidavit must be completed and notarized by all non-resident FCCL applicants.

 

2)         A copy of the affidavit must be submitted as an electronic attachment to the non-resident's FCCL application through the on-line application process. 

 

3)         The original affidavit with notary stamp must be retained by the non-resident FCCL applicant and provided to the Department upon request. 

 

e)         FCCL applicants applying under the non-immigrant visa exception to the FOID Act (see 430 ILCS 65/8(i-5) and 20 Ill. Adm. Code 1231.20(g)) shall provide a letter from their foreign government stating the purpose for travel to Illinois, the date the applicant's non-immigrant visa expires, and the need for the FOID Card, or a waiver from this provision granted by the U.S. Attorney General.

 

f)         All documentation required by Section 40(c) and (d) of the Act shall be submitted to the Department electronically by uploading it as an attachment to the non-resident's FCCL application. 

 

Section 1231.120  Renewal

 

All information required pursuant to Section 50 of the Act as made available by the Department on its website shall be submitted electronically as a part of the FCCL renewal application, including but not limited to, any certifications regarding qualifications for a license under penalty of perjury.  Licensees eligible for a paper application pursuant to 1230.20(a)(2), may contact the Firearms Services Bureau Call Center.  A renewal application is complete if it contains all of the information and materials required by the Act, as well as the requisite fee which shall include a processing fee.

 

a)         FCCL renewal applicants may submit a full set of fingerprints to the Department in an electronic format using a Live Scan vendor licensed by the Department of Financial and Professional Regulation or a law enforcement agency registered by the Department if the renewal applicant did not do so at the time of the applicant's original FCCL application.

 

1)         Renewal fingerprints must comply with the provisions set forth in Section 1231.60.

 

2)         FCCL renewal applicants who submitted fingerprints at the time of their original FCCL application need not submit additional sets of fingerprints upon renewal.

 

b)         The Department will grant or deny an FCCL renewal application no later than 90 days after receipt of a completed application, except that the Department is granted by Section 30(b)(8) of the Act 30 days in addition to the 90 days if the applicant has not previously submitted a full set of fingerprints in electronic format. 

 

c)         Conditional Renewal During a Gubernatorial Disaster Proclamation

 

1)         Any FCCL that expires during a Gubernatorial Disaster Proclamation issued pursuant to Section 7 of the Illinois Emergency Management Act [20 ILCS 3305] shall be considered conditionally renewed provided that the:

 

A)        application is submitted for renewal pursuant to the requirements of Sections 30, 40 and 50 of the Act while a statewide Gubernatorial Disaster Proclamation is in effect;

 

B)        applicant has an active FOID card pursuant to the requirements of Sections 4, 5, 8 and 8.2 of the FOID Act; and

 

C)        applicant's FCCL card is not subject to revocation pursuant to the provisions of Section 70 of the Act. 

 

2)         Any conditionally renewed FCCL card shall be deemed valid for the purposes of possessing and carrying firearms, unless the FCCL card is subject to revocation or suspension under Section 70 of the Act. 

 

3)         The validity of a FCCL card during a conditional renewal period will be reflected in any inquiry into the Department's database of license applicants and licensees that is available to all federal, state, and local law enforcement agencies, State's Attorneys, the Attorney General, and authorized court personnel.

 

4)         Conditionally renewed licenses shall remain active until a new FCCL card is issued.

 

d)         Any renewed FCCL card expires 5 years from the date of issuance.

 

(Source:  Amended at 46 Ill. Reg. 1081, effective December 21, 2021)

 

Section 1231.130  Change Requests

 

The notification requirements of Section 55 of the Act shall be made by the licensee through an online process established by the Department and available on its website.  Licensees eligible for a paper application pursuant to 1230.20(a)(2), may contact the Firearms Services Bureau for assistance with Change Requests.

 

a)         The acknowledgement that the FCCL is no longer in the licensee's possession required by the Act shall be made through the online FOID/CCL system that is available on the Department's website.

 

b)         Any information required pursuant to Section 55 of the Act, as made available by the Department on its website, including but not limited to, any certifications regarding qualifications for a license under penalty of perjury, shall be submitted electronically.

 

c)         Where required, submission of the acknowledgement and any information via the online FOID/CCL system shall serve as a record of the required notification.

 

d)         Upon receipt of an incomplete change request, the Department shall notify the FCCL applicant and advise what information is missing.  If an FCCL applicant has not provided the missing information in response to the Department's notification within 60 days after notice from the Department, the request shall be denied.

 

(Source:  Amended at 46 Ill. Reg. 1081, effective December 21, 2021)

 

Section 1231.140  Fees

 

a)         FCCL applicants shall pay the fee required by Section 60 of the Act, in full, when submitting their application.

 

b)         All application fees shall be collected using the Illinois State Treasurer's E-Pay program, which is linked to the electronic FCCL application on the DSP website. A convenience fee will be charged in accordance with the Illinois State Treasurer's E-Pay program.

 

c)         Application, renewal and replacement fees are non-refundable.

 

d)         All fees collected for criminal history records checks required by Section 35 of the Act will be collected by the licensed Live Scan Vendors or local law enforcement agencies at the time of fingerprinting and transmitted to the Department for deposit in the State Police Services Fund. A convenience fee may be charged by the licensed Live Scan Vendors or local law enforcement agencies as provided by Section 31-5 of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004 [225 ILCS 447/31-5].

 

Section 1231.150  Prohibited Areas

 

Section 65 of the Act specifies areas where concealed carry of firearms is prohibited and requires posting of those areas.

 

a)         A template for signs required pursuant to Section 65(d) of the Act is provided in Appendix A and is available on the Department's website.

 

b)         Owners of prohibited areas may utilize signage larger in size than the template provided, at their discretion. If prohibited areas use a larger sign, the template provided shall be reproduced somewhere on the larger sign no smaller than the 4" x 6" dimension required by the Act.

 

c)         Prohibited areas may include additional language on their signs.  If prohibited areas include additional language, the template provided shall be reproduced somewhere on the larger sign no smaller than the 4" x 6" dimension required by the Act.

 

d)         The required signs shall be clearly and conspicuously posted at the entrance of the building, premises or real property. The sign shall provide persons entering the property notice that they are entering a prohibited area in which, pursuant to the Act, they shall not carry a concealed firearm.

 

Section 1231.160  FCCL Suspension, Revocation and Cancellation

 

a)         Section 70 of the Act specifies violations resulting in suspension, revocation or cancellation of an FCCL.

 

1)         Whenever a FOID Card is suspended pursuant to 20 Ill. Adm. Code 1230. 50 (Return of FOID Card – Applicant) and the FOID Card holder has an FCCL, the FCCL shall be suspended for the duration of the FOID Card suspension.

 

2)         Upon reinstatement of a previously suspended FOID Card, the FCCL shall be reinstated as well.

 

3)         Whenever a FOID Card is expired and the Department has not received a renewal application from a licensee, the FCCL shall not be renewed and shall be placed in a suspended status for a period of up to one year to allow the licensee to renew their FOID Card.

 

b)         The Department will provide written notice to the licensee of a suspension, revocation or cancellation.

 

c)         The license of a person in violation of Section 70(d) or (e) of the Act will be suspended for a period of 6 months upon conviction of the second violation and shall be permanently revoked for a third violation.

 

d)         Surrender/Seizure of an FCCL

 

1)         A person whose FCCL has been revoked or suspended shall surrender the FCCL to the local law enforcement agency where the person resides within 48 hours after receiving notice of the revocation or suspension except as provided in this subsection (d)(1).

 

A)        If the revoked or suspended licensee has been issued a combined FOID card with FCCL Designator, the licensee does not need to surrender licensee's combined FOID card if the FOID card remains active.

 

B)        If the licensee's FCCL is suspended because the licensee's FOID card has been suspended and the licensee has not been issued a combined FOID card with FCCL Designator, the licensee shall surrender the FCCL to the law enforcement agency or person listed on the Firearm Disposition Record consistent with 20 Ill. Adm. Code 1230.50 (Return of FOID Card – Applicant) regardless of whether the person issued the FOID card owns or possesses firearms.

 

2)         The FCCL revocation or suspension will be reflected in the Illinois State Police's online FOID/FCCL system.

 

3)         If the licensee whose FCCL has been revoked or suspended fails to comply with the requirements of this subsection, the law enforcement agency where the person resides may petition the circuit court to issue a warrant to search for and seize the FCCL.

 

4)         Upon receipt of a surrendered FCCL, the local law enforcement agency shall confirm that the license is revoked or suspended and destroy it.  If the license has not been revoked or suspended, it shall be returned to the licensee.

 

(Source:  Amended at 46 Ill. Reg. 1081, effective December 21, 2021)

 

Section 1231.170  Appeals

 

a)         Appeals to CCLRB

An individual whose application for an FCCL is denied or whose FCCL is suspended or revoked may petition the Department for relief unless the denial is based upon a determination of the CCLRB.  A denial based upon a determination of the CCLRB may be appealed through petition to the circuit court in the county of the applicant's residence, pursuant to Section 87(a) of the Act.

 

1)         In the event relief is denied by the circuit court in the county of the applicant's residence, a new application from the petitioner will not be accepted for two years after the date of the last denial unless directed to do so by a court with appropriate jurisdiction.

 

2)         If the applicant does not appeal to a circuit court within 35 days from the date the denial was served, 60 days after the date of denial, the applicant may request that the Department reset the application one time within two years after the date of the denial.

 

A)        No additional request to reset the application will be permitted.

 

B)        If no appeal is made and a request to reset the application is not received, the application will automatically be reset once within two years after the date of the denial.

 

b)         Informal Relief Proceeding

 

1)         Individuals who wish to request relief from the Department shall provide written notice to the Department within 60 days after receipt of the notice that their FCCL application is denied or their FCCL is revoked to begin the appeal process.

 

2)         The petitioner must provide to the Department any reasonable documentation requested by the Department related to the determination for granting relief.

 

3)         Upon receiving complete documentation for the appeal, the Department will investigate the circumstances surrounding the denial or revocation.  If the Director is satisfied that substantial justice has not been done through the denial or revocation and that it is not likely that the applicant or any other party will be injured by the granting of the relief, the Director or the Director's designee may grant relief.

 

4)         The appeal process shall not begin until the Department has received all the necessary documentation.

 

5)         In the event the Director or the Director's designee desires additional information concerning the circumstances surrounding the denial or revocation action, the Director may schedule a fact-finding conference with the petitioner or request additional information.

 

6)         The Director or the Director's designee may grant or deny relief as a result of the fact-finding conference.

 

7)         In an informal relief proceeding, the petitioner may be represented by counsel or present witnesses who have direct knowledge of the circumstances of the denial or revocation and may present any evidence or information relating to the Department's action.

 

c)         Formal Administrative Hearing

 

1)         If the Director does not provide relief as a result of the investigation or a fact-finding conference, the petitioner may request a formal administrative hearing.  The request for hearing must be in writing and sent to the Department's Office of Firearms Safety.

 

2)         The administrative law judge (ALJ) for contested hearings shall be an attorney licensed to practice law in Illinois appointed by the Director.  The ALJ will be disqualified upon showing of bias or conflict of interest.

 

3)         The procedures for the hearing shall be as described in Article 10 of the Illinois Administrative Procedure Act [5 ILCS 100/Art. 10] and as ordered by the ALJ.

 

4)         In the event a final administrative decision is rendered and the relief is denied, a new application from the petitioner will not be accepted until two years have passed since the date of the last denial unless directed to do so by a court with appropriate jurisdiction.

 

d)         Administrative Review Law

All final administrative decisions of the Department or the CCLRB shall be subject to judicial review under the Administrative Review Law.

 

(Source:  Amended at 46 Ill. Reg. 1081, effective December 21, 2021)

 

Section 1231.180  Law Enforcement Fingerprinting Registration

 

a)         Law enforcement agencies that plan to submit to the Department Electronic Fingerprint Fee Applications (EFFA, the application submitted by a person being electronically fingerprinted) for FCCL applicants shall sign a memorandum of understanding between the agency and the Department establishing the requirements of the applicable State statutes and federal laws for the submission of non-criminal justice fingerprint transactions to the Department or the Federal Bureau of Investigation (FBI).

 

b)         Fingerprint images, a photograph of the individual being fingerprinted, and related alpha numeric identification data shall be submitted to the Department via electronic transmission utilizing Live Scan procedures and equipment approved by the Department.  The photograph provision will be waived for applicants with a physical disability or ailment that could result in the taking of a photograph causing the applicant harm in any way. 

 

c)         A law enforcement agency's equipment and transmission of all types of transactions shall be certified by the Department as being compatible with the Department's systems (see 68 Ill. Adm. Code 1240).

 

d)         All employees responsible for taking fingerprints for the purposes of the Act shall require each individual seeking to be fingerprinted to present primary or secondary identification in order to be fingerprinted by the agency. 

 

1)         Primary identification shall mean a valid driver's license or Secretary of State issued State identification card.

 

2)         In the absence of a driver's license or State identification card, secondary identification shall mean the individual seeking to be fingerprinted shall provide at least two forms of identification within the Identity Verification Program Guide (2006) developed and available from the National Crime Prevention and Privacy Compact Council from the FBI website (http://www.fbi.gov/about-us/cjis/cc/current-initiatives/identity-verification-program-guide).

 

e)         All FCCL applicants who submit an EFFA shall be required to sign a consent form prior to fingerprinting.  The privacy statement within the consent form shall be approved by the Department.

 

f)         Agencies must maintain a record of all documentation and non-criminal justice transactions submitted to the Department for the purpose of auditing by the Department or the FBI and make its records available for that auditing.

 

g)         All employees responsible for taking fingerprints for non-criminal justice purposes shall successfully complete a fingerprint training course conducted or authorized by the Department.

 

h)         Agencies will be required to establish a fiscal account with the Department of State Police-Bureau of Identification for the purpose of facilitating the payment of State and FBI background checks.  The agencies will be invoiced monthly for all submissions received by the agency the prior month.  The Department will not accept individual payments from the persons printed.

 

Section 1231.Appendix A   Prohibited Area Posting

 

Pursuant to Section 65(d) of the Act, signs must be of a uniform design. The Department has adopted the following sign format.  The background is white, with no text, other than the reference to 403 ILCS 66/65, and no other marking within the one-inch area surrounding the graphic design. The graphic design is a handgun in black ink surrounded by a red circle with a diagonal slash across the handgun. The circle shall be 4 inches in diameter.  The black rectangle surrounding the image must measure 4 inches tall by 6 inches wide.

 

The image is available on the DSP website for download.

 

 

Section 1231.Appendix B   Prior Training Credit

 

a)         Section 75(g) and (i) of the Act provides that prior handgun training can be substituted for a portion of the training required for an FCCL. The following is a list of training courses that qualify for prior training credit and the amount of credit awarded for each.

 

b)         It is the responsibility of the Instructor to verify successful completion of prior training and apply credit as listed. Once this credit is combined with additional training hours provided by the Instructor, the Instructor will certify that the 16 hour training requirement was met.

 

c)         Instructors should inform applicants how much credit they will receive for their prior training and remind them the prior training certificates must be submitted with the FCCL Training Certificate when they apply.

 

d)         The following are courses for which prior training credit can be awarded. This list will be updated as additional courses are submitted and approved by the Department.

 

Course Title                                                                             Acceptable Credit

                                                                                                                       

Illinois Hunter Safety Course........................................................ 4 hours

Utah Concealed Carry .................................................................. 4 hours

Florida Concealed Carry............................................................... 4 hours

Nevada Concealed Carry............................................................... 4 hours

Missouri Concealed Carry............................................................. 4 hours

Kentucky Concealed Carry........................................................... 4 hours

Michigan Concealed Carry........................................................... 4 hours

Chicago Firearms Safety Course................................................... 4 hours

NRA Basic Pistol.......................................................................... 8 hours

NRA Personal Protection in the Home......................................... 8 hours

NRA Personal Protection Outside the Home................................ 8 hours

Active, Retired or Honorably Discharged member of the

United States Armed Forces.......................................................... 8 hours

Prior Law Enforcement or Corrections Officer Training

   (see Section 75(j) of the Act) .................................................... 8 hours

 

e)         Section 75(g) of the Act requires that any hours remaining after the credit has been granted must at least cover the classroom subject matter and range qualifications listed in Section 1231.40(d) and (e)(2).

 

f)         To submit training for recognition by the Department, mail the following items to Illinois State Police, FCCL Prior Credit, Post Office Box 19333, Springfield IL 62794:

 

1)         Basic course outline of the training submitted; and

 

2)         A letter from another state indicating it recognizes the course.

 

(Source:  Amended at 38 Ill. Reg. 19282, effective September 12, 2014)

 

Section 1231.Appendix C   Concealed Carry Firearm Training Certification Form (Repealed)

 

(Source:  Repealed at 38 Ill. Reg. 19282, effective September 12, 2014)