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| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4601 Introduced , by Rep. Norine K. Hammond SYNOPSIS AS INTRODUCED:
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Amends the Firearm Concealed Carry Act. Provides that the Illinois State Police shall notify the applicant for a concealed carry license, electronically, if his or her application has been accepted. Provides that if an applicant for a concealed carry license submits his or her application electronically, the Illinois State Police shall notify the applicant electronically if his or her application is missing information or materials.
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| | A BILL FOR |
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| 1 | | AN ACT concerning safety.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Firearm Concealed Carry Act is amended by |
| 5 | | changing Section 10 as follows:
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| 6 | | (430 ILCS 66/10)
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| 7 | | Sec. 10. Issuance of licenses to carry a concealed firearm. |
| 8 | | (a) The Department shall issue a license to carry a |
| 9 | | concealed firearm under this Act to an applicant who: |
| 10 | | (1) meets the qualifications of Section 25 of this Act; |
| 11 | | (2) has provided the application and documentation |
| 12 | | required in Section 30 of this Act; |
| 13 | | (3) has submitted the requisite fees; and |
| 14 | | (4) does not pose a danger to himself, herself, or |
| 15 | | others, or a threat to public safety as determined by the |
| 16 | | Concealed Carry Licensing Review Board in accordance with |
| 17 | | Section 20. |
| 18 | | (b) The Department shall issue a renewal, corrected, or |
| 19 | | duplicate license as provided in this Act. |
| 20 | | (c) A license shall be valid throughout the State for a |
| 21 | | period of 5 years from the date of issuance. A license shall |
| 22 | | permit the licensee to: |
| 23 | | (1) carry a loaded or unloaded concealed firearm, fully |
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| 1 | | concealed or partially concealed, on or about his or her |
| 2 | | person; and
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| 3 | | (2) keep or carry a loaded or unloaded concealed |
| 4 | | firearm on or about his or her person within a vehicle. |
| 5 | | (d) The Department shall make applications for a license |
| 6 | | available no later than 180 days after the effective date of |
| 7 | | this Act. The Department shall establish rules for the |
| 8 | | availability and submission of applications in accordance with |
| 9 | | this Act. |
| 10 | | (e) An application for a license submitted to the |
| 11 | | Department that contains all the information and materials |
| 12 | | required by this Act, including the requisite fee, shall be |
| 13 | | deemed completed. Except as otherwise provided in this Act, no |
| 14 | | later than 90 days after receipt of a completed application, |
| 15 | | the Department shall issue or deny the applicant a license. The |
| 16 | | Illinois State Police shall notify the applicant for a |
| 17 | | concealed carry license, electronically, if his or her |
| 18 | | application has been accepted. If an applicant for a concealed |
| 19 | | carry license submits his or her application electronically, |
| 20 | | the Illinois State Police shall notify the applicant |
| 21 | | electronically if his or her application is missing information |
| 22 | | or materials. |
| 23 | | (f) The Department shall deny the applicant a license if |
| 24 | | the applicant fails to meet the requirements under this Act or |
| 25 | | the Department receives a determination from the Board that the |
| 26 | | applicant is ineligible for a license. The Department must |
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| 1 | | notify the applicant stating the grounds for the denial. The |
| 2 | | notice of denial must inform the applicant of his or her right |
| 3 | | to an appeal through administrative and judicial review. |
| 4 | | (g) A licensee shall possess a license at all times the |
| 5 | | licensee carries a concealed firearm except: |
| 6 | | (1) when the licensee is carrying or possessing a |
| 7 | | concealed firearm on his or her land or in his or her |
| 8 | | abode, legal dwelling, or fixed place of business, or on |
| 9 | | the land or in the legal dwelling of another person as an |
| 10 | | invitee with that person's permission; |
| 11 | | (2) when the person is authorized to carry a firearm |
| 12 | | under Section 24-2 of the Criminal Code of 2012, except |
| 13 | | subsection (a-5) of that Section; or |
| 14 | | (3) when the handgun is broken down in a |
| 15 | | non-functioning state, is not immediately accessible, or |
| 16 | | is unloaded and enclosed in a case. |
| 17 | | (h) If an officer of a law enforcement agency initiates an |
| 18 | | investigative stop, including but not limited to a traffic |
| 19 | | stop, of a licensee or a non-resident carrying a concealed |
| 20 | | firearm under subsection (e) of
Section 40 of this Act, upon |
| 21 | | the request of the officer the licensee or non-resident shall |
| 22 | | disclose to the officer that he or she is in possession of a |
| 23 | | concealed firearm under this Act, or present the license upon |
| 24 | | the request of the officer if he or she is a licensee or |
| 25 | | present upon the request of the officer evidence
under |
| 26 | | paragraph (2) of subsection (e) of Section 40 of this Act that |
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| 1 | | he or she is a non-resident qualified to carry
under that |
| 2 | | subsection. The disclosure requirement under this subsection |
| 3 | | (h) is satisfied if the licensee presents his or her license to |
| 4 | | the officer or the non-resident presents to the officer |
| 5 | | evidence under paragraph (2) of subsection (e) of Section 40 of |
| 6 | | this Act that he or she is qualified to carry under that |
| 7 | | subsection. Upon the request of the officer, the licensee or |
| 8 | | non-resident shall also identify the location of the concealed |
| 9 | | firearm and permit the officer to safely secure the firearm for |
| 10 | | the duration of the investigative stop. During a traffic stop, |
| 11 | | any
passenger within the vehicle who is a licensee or a |
| 12 | | non-resident carrying under subsection (e) of
Section 40 of |
| 13 | | this Act must comply with the requirements of this subsection |
| 14 | | (h). |
| 15 | | (h-1) If a licensee carrying a firearm or a non-resident |
| 16 | | carrying a firearm in a vehicle under subsection (e) of Section |
| 17 | | 40 of this Act is contacted by a law enforcement officer or |
| 18 | | emergency
services personnel, the law enforcement officer or |
| 19 | | emergency services personnel may secure the firearm
or direct |
| 20 | | that it be secured during the duration of the contact if the |
| 21 | | law enforcement officer or emergency
services personnel |
| 22 | | determines that it is necessary for the safety of any person
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| 23 | | present, including the law enforcement officer or emergency |
| 24 | | services personnel. The licensee or nonresident
shall submit to |
| 25 | | the order to secure the firearm. When the law enforcement |
| 26 | | officer or emergency services
personnel have determined that |
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| 1 | | the licensee or non-resident is not a threat to
the safety of |
| 2 | | any person present, including the law enforcement officer or |
| 3 | | emergency services personnel, and
if the licensee or |
| 4 | | non-resident is physically and mentally capable of
possessing |
| 5 | | the firearm, the law enforcement officer or emergency services |
| 6 | | personnel shall return the
firearm to the licensee or |
| 7 | | non-resident before releasing him or her from the
scene and |
| 8 | | breaking contact. If the licensee or non-resident is |
| 9 | | transported for
treatment to another location, the firearm |
| 10 | | shall be turned over to any peace
officer. The peace officer |
| 11 | | shall provide a receipt which includes the make,
model, |
| 12 | | caliber, and serial number of the firearm. |
| 13 | | (i) The Department shall maintain a database of license |
| 14 | | applicants and licensees. The database shall be available to |
| 15 | | all federal, State, and local law enforcement agencies, State's |
| 16 | | Attorneys, the Attorney General, and authorized court |
| 17 | | personnel. Within 180 days after the effective date of this |
| 18 | | Act, the database shall be searchable and provide all |
| 19 | | information included in the application, including the |
| 20 | | applicant's previous addresses within the 10 years prior to the |
| 21 | | license application and any information related to violations |
| 22 | | of this Act. No law enforcement agency, State's Attorney, |
| 23 | | Attorney General, or member or staff of the judiciary shall |
| 24 | | provide any information to a requester who is not entitled to |
| 25 | | it by law. |
| 26 | | (j) No later than 10 days after receipt of a completed |