State of Illinois
2015 and 2016


Introduced , by Rep. Charles E. Meier


430 ILCS 66/70

    Amends the Firearm Concealed Carry Act. Provides that the provision that the Department of State Police may suspend a license for up to 6 months for a second violation for carrying a concealed firearm while under the influence of alcohol, other drug or drugs, intoxicating compound or combination of compounds, or any combination thereof, or for carrying a firearm into a prohibited place only applies if the second violation was committed within 18 months of the preceding violation. Effective immediately.

LRB099 10390 RLC 30617 b





HB3459LRB099 10390 RLC 30617 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 70 as follows:
6    (430 ILCS 66/70)
7    Sec. 70. Violations.
8    (a) A license issued or renewed under this Act shall be
9revoked if, at any time, the licensee is found to be ineligible
10for a license under this Act or the licensee no longer meets
11the eligibility requirements of the Firearm Owners
12Identification Card Act.
13    (b) A license shall be suspended if an order of protection,
14including an emergency order of protection, plenary order of
15protection, or interim order of protection under Article 112A
16of the Code of Criminal Procedure of 1963 or under the Illinois
17Domestic Violence Act of 1986, is issued against a licensee for
18the duration of the order, or if the Department is made aware
19of a similar order issued against the licensee in any other
20jurisdiction. If an order of protection is issued against a
21licensee, the licensee shall surrender the license, as
22applicable, to the court at the time the order is entered or to
23the law enforcement agency or entity serving process at the



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1time the licensee is served the order. The court, law
2enforcement agency, or entity responsible for serving the order
3of protection shall notify the Department within 7 days and
4transmit the license to the Department.
5    (c) A license is invalid upon expiration of the license,
6unless the licensee has submitted an application to renew the
7license, and the applicant is otherwise eligible to possess a
8license under this Act.
9    (d) A licensee shall not carry a concealed firearm while
10under the influence of alcohol, other drug or drugs,
11intoxicating compound or combination of compounds, or any
12combination thereof, under the standards set forth in
13subsection (a) of Section 11-501 of the Illinois Vehicle Code.
14    A licensee in violation of this subsection (d) shall be
15guilty of a Class A misdemeanor for a first or second violation
16and a Class 4 felony for a third violation. The Department may
17suspend a license for up to 6 months for a second violation
18committed within 18 months of the preceding violation and shall
19permanently revoke a license for a third violation.
20    (e) Except as otherwise provided, a licensee in violation
21of this Act shall be guilty of a Class B misdemeanor. A second
22or subsequent violation is a Class A misdemeanor. The
23Department may suspend a license for up to 6 months for a
24second violation committed within 18 months of the preceding
25violation and shall permanently revoke a license for 3 or more
26violations of Section 65 of this Act. Any person convicted of a



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1violation under this Section shall pay a $150 fee to be
2deposited into the Mental Health Reporting Fund, plus any
3applicable court costs or fees.
4    (f) A licensee convicted or found guilty of a violation of
5this Act who has a valid license and is otherwise eligible to
6carry a concealed firearm shall only be subject to the
7penalties under this Section and shall not be subject to the
8penalties under Section 21-6, paragraph (4), (8), or (10) of
9subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5)
10of paragraph (3) of subsection (a) of Section 24-1.6 of the
11Criminal Code of 2012. Except as otherwise provided in this
12subsection, nothing in this subsection prohibits the licensee
13from being subjected to penalties for violations other than
14those specified in this Act.
15    (g) A licensee whose license is revoked, suspended, or
16denied shall, within 48 hours of receiving notice of the
17revocation, suspension, or denial, surrender his or her
18concealed carry license to the local law enforcement agency
19where the person resides. The local law enforcement agency
20shall provide the licensee a receipt and transmit the concealed
21carry license to the Department of State Police. If the
22licensee whose concealed carry license has been revoked,
23suspended, or denied fails to comply with the requirements of
24this subsection, the law enforcement agency where the person
25resides may petition the circuit court to issue a warrant to
26search for and seize the concealed carry license in the



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1possession and under the custody or control of the licensee
2whose concealed carry license has been revoked, suspended, or
3denied. The observation of a concealed carry license in the
4possession of a person whose license has been revoked,
5suspended, or denied constitutes a sufficient basis for the
6arrest of that person for violation of this subsection. A
7violation of this subsection is a Class A misdemeanor.
8    (h) A license issued or renewed under this Act shall be
9revoked if, at any time, the licensee is found ineligible for a
10Firearm Owner's Identification Card, or the licensee no longer
11possesses a valid Firearm Owner's Identification Card. A
12licensee whose license is revoked under this subsection (h)
13shall surrender his or her concealed carry license as provided
14for in subsection (g) of this Section.
15    This subsection shall not apply to a person who has filed
16an application with the State Police for renewal of a Firearm
17Owner's Identification Card and who is not otherwise ineligible
18to obtain a Firearm Owner's Identification Card.
19    (i) A certified firearms instructor who knowingly provides
20or offers to provide a false certification that an applicant
21has completed firearms training as required under this Act is
22guilty of a Class A misdemeanor. A person guilty of a violation
23of this subsection (i) is not eligible for court supervision.
24The Department shall permanently revoke the firearms
25instructor certification of a person convicted under this
26subsection (i).



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1(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14; 98-899,
2eff. 8-15-14.)
3    Section 99. Effective date. This Act takes effect upon
4becoming law.