98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 SB2969

Introduced 2/4/2014, by Sen. Mike Jacobs

SYNOPSIS AS INTRODUCED:

430 ILCS 66/10

Amends the Firearm Concealed Carry Act. Adds provision that the Act shall not be construed to diminish or restrict the ability of a licensee under this Act to carry a firearm, who is authorized to carry a firearm under another Act or law. Effective immediately.

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A BILL FOR

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1 AN ACT concerning safety.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Firearm Concealed Carry Act is amended by

5 changing Section 10 as follows:

6 (430 ILCS 66/10)

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

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.

16 (f) The Department shall deny the applicant a license if

17 the applicant fails to meet the requirements under this Act or

18 the Department receives a determination from the Board that the

19 applicant is ineligible for a license. The Department must

20 notify the applicant stating the grounds for the denial. The

21 notice of denial must inform the applicant of his or her right

22 to an appeal through administrative and judicial review.

23 (g) A licensee shall possess a license at all times the

24 licensee carries a concealed firearm except:

25 (1) when the licensee is carrying or possessing a

26 concealed firearm on his or her land or in his or her

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1 abode, legal dwelling, or fixed place of business, or on

2 the land or in the legal dwelling of another person as an

3 invitee with that person's permission;

4 (2) when the person is authorized to carry a firearm

5 under Section 24-2 of the Criminal Code of 2012, except

6 subsection (a-5) of that Section; or

7 (3) when the handgun is broken down in a

8 non-functioning state, is not immediately accessible, or

9 is unloaded and enclosed in a case.

10 (h) If an officer of a law enforcement agency initiates an

11 investigative stop, including but not limited to a traffic

12 stop, of a licensee or a non-resident carrying a concealed

13 firearm under subsection (e) of Section 40 of this Act, upon

14 the request of the officer the licensee or non-resident shall

15 disclose to the officer that he or she is in possession of a

16 concealed firearm under this Act, present the license upon the

17 request of the officer if he or she is a licensee or present

18 upon the request of the officer evidence under paragraph (2) of

19 subsection (e) of Section 40 of this Act that he or she is a

20 non-resident qualified to carry under that subsection, and

21 identify the location of the concealed firearm. During a

22 traffic stop, any passenger within the vehicle who is a

23 licensee or a non-resident carrying under subsection (e) of

24 Section 40 of this Act must comply with the requirements of

25 this subsection (h).

26 (i) The Department shall maintain a database of license

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1 applicants and licensees. The database shall be available to

2 all federal, State, and local law enforcement agencies, State's

3 Attorneys, the Attorney General, and authorized court

4 personnel. Within 180 days after the effective date of this

5 Act, the database shall be searchable and provide all

6 information included in the application, including the

7 applicant's previous addresses within the 10 years prior to the

8 license application and any information related to violations

9 of this Act. No law enforcement agency, State's Attorney,

10 Attorney General, or member or staff of the judiciary shall

11 provide any information to a requester who is not entitled to

12 it by law.

13 (j) No later than 10 days after receipt of a completed

14 application, the Department shall enter the relevant

15 information about the applicant into the database under

16 subsection (i) of this Section which is accessible by law

17 enforcement agencies.

18 (k) This Act shall not be construed to diminish or restrict

19 the ability of a licensee under this Act to carry a firearm,

20 who is authorized to carry a firearm under another Act or law.

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

22 Section 99. Effective date. This Act takes effect upon

23 becoming law.