COLONEL MARC MATON MARC.MATON@ISP.STATE.IL.US

Concealed Carry Act

ILLINOIS STATE POLICE

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ISP Responsibilities

• Certify instructors and curriculum– September 6, 2013

• Launch a searchable database capable of listing approved firearms instructors by September 6, 2013.

• Design a “Prohibited Area” sign for citizens to download

• Create “Emergency Rules” for implementation of the program

• Create an application by January 5, 2014.

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ISP Responsibilities

• Provide application information to law enforcement within 10 days of receipt via a searchable database for 30 day objection period.

• Issue Concealed Carry License within 90 days of receipt.

• Manage the Objection Process– Package and forward objections to the Concealed

Carry Licensing Review Board.

• Everyone who wants to carry a concealed firearm on his/her person in Illinois is required to have an Illinois Concealed Carry License

• Except current peace officers and retired police officers eligible under a federally approved retired officer carry program; such as, the Illinois Retired Officer Concealed Carry (IROCC) Program.

• Retired officers may be eligible to carry under either the IROCC Program or the Firearm Concealed Carry Act (430 ILCS 66).

• Those licensed to carry firearms under another Act.

Who needs an Illinois Concealed Carry License?

• The applicant must: Be at least 21 years of age • Have a valid FOID card (if an Illinois resident) • Valid Illinois DL or State ID• Have not been convicted or found guilty in Illinois or any other state of:

– A misdemeanor involving the use or threat of physical force or violence to any person within the last 5 years

– 2 or more violations related to driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof, within the last 5 years

• Not be the subject of a pending arrest warrant, prosecution, or proceeding for an offense or action that could lead to disqualification

• Not have been in residential or court-ordered treatment for alcoholism, alcohol detoxification, or drug treatment within the last 5 years

• Submit an appropriately completed Concealed Carry License application • Successfully complete 16 hours of firearms training, including classroom and range instruction.

What are the qualifications for an Illinois Concealed carry License?

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What is the cost for an Illinois Concealed Carry License?

• $150 for 5 years for Illinois residents• $300 for 5 years for out-of-state residents

• Must possess the license any time the weapon is carried, except inside own residence

Concealed Carry ProgramApplication

Concealed Carry ProgramApplication

Concealed Carry ProgramApplication

Concealed Carry ProgramPayment

Concealed Carry ProgramID

Concealed Carry ProgramConfirmation

ISP Concealed Carry Licensing Project

Review Current Volumes (As of Feb. 20, 2014)

1. Total Paid Applications: 58,646

(48,000 male applicants)

2. LE User Agreements: 560

3. Licenses Issued: 13,100

4. Invalid TCNs (AFIS fingerprints): 1,171

5. Law Enforcement Objections Filed: 1,163

• Upon receipt of a qualified application, the ISP shall issue or deny the applicant an Illinois Concealed Carry License within 90 days, provided the applicant submits a full set of fingerprints in electronic format.

• If fingerprints are not submitted in electronic format, the ISP is granted an additional 30 days to complete a manual background check.

• In all cases, law enforcement agencies will have 30 days to file an objection (if they so choose) once an application is received.

How long will it take a citizen to obtain an Illinois Concealed Carry License?

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ISP Eligibility

Valid FOID

SOS

NICS

NCIC NLETS

III

Mental Health

IL Criminal History

Federal Criminal History

Hot Files

Research

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Law Enforcement Objections• Law enforcement officials are NOT required to:

– Conduct a background check on applicants (this will be done by the ISP); or – Make objection (statutory or otherwise) to applicants.

• Any law enforcement official MAY submit an objection to any applicant.

• Any law enforcement objection shall be:– based upon a reasonable suspicion that the applicant is a danger to himself or herself or others,

or a threat to public safety; – made by the chief law enforcement officer of the law enforcement agency, or his or her

designee; and – must include any documented information relevant to the objection.

• If a law enforcement agency submits an objection within 30 days after the entry of an applicant into the database, the Department shall submit the objection and all information related to the application to the Board within 10 days of completing all necessary background checks.

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Law Enforcement Objections

• Not been arrested more than 5 times for any reason within last 7 years.

• Not been arrested for 3 gang–related offenses in last 7 years

• Encounters not in the system (i.e. ordinance drug offense)

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Concealed Carry Licensing Review BOARD

ISP

• If an LE objection is made, ISP completes all necessary background checks and submits to the Board within 10 days.

• If no objection within 30 days, the application moves to eligibility determination.

• ISP approves, denies, or objects application.

Board

• Requests additional information if needed.• Reviews each objection to determine by a majority whether

an applicant is eligible for a license.• Makes a decision within 30 days of receipt.• May request additional 30 days to issue a decision.• Board activities exempt from FOIA

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Appeals Process

• ISP sends denial letters to applicants denied by the ISP or Board.

• If denied by ISP, aggrieved party may appeal to the Director for a hearing.

• If denied by the Board, aggrieved party must petition the circuit court to appeal.

• Final administrative decisions are subject to judicial review.

• The required 16-hour firearms training course will include range qualification time and shall cover the following:

1. Firearm safety 2. The basic principles of marksmanship 3. Care, cleaning, loading, and unloading of a concealable firearm 4. All applicable state and federal laws relating to the ownership, storage, carry, and

transportation of a firearm 5. Instruction on the appropriate and lawful interaction with law enforcement while

transporting or carrying a concealed firearm.

• All applicants must pass a live fire exercise with a concealable firearm consisting of:

1. A minimum of 30 rounds 2. 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 at a B-27 silhouette target approved by the ISP.

What must an approved firearms training course cover?

“Concealed firearm" means a loaded or unloaded handgun carried on or about a person completely or mostly concealed from view of the public or on or about a person within a vehicle.

"Handgun" means any device which is designed to expel a projectile or projectiles by the action of an explosion, expansion of gas, or escape of gas that is designed to be held and fired by the use of a single hand.

"Handgun" does not include: A stun gun or taser; 1. A machine gun as defined in item (i) of paragraph (7) of subsection (a) of Section 24-1 of the Criminal

Code of 2012;

2. A short-barreled rifle or shotgun as defined in item (ii) of paragraph (7) of subsection (a) of Section 24-1 of the Criminal Code of 2012

3. Any pneumatic gun, spring gun, paint ball gun, or B-B gun which expels a single globular projectile not exceeding .18 inch in diameter, or which has a maximum muzzle velocity of less than 700 feet per second, or which expels breakable paint balls containing washable marking colors.

What type of firearm will I be allowed to carry concealed?

DEFINITIONS"Concealed firearm" means a loaded or unloaded handgun carried on or about a person completely or mostly concealed from view of the public or on or about a person within a vehicle.

Concealed Concealed ??? Not Concealed

VIOLATIONS of the ACT PENALTIES Except as otherwise provided (carry under the influence, etc..):

• A licensee in violation of this Act shall be guilty of a Class B misdemeanor.

• A second or subsequent violation is a Class A misdemeanor.

• The Department may suspend a license for up to 6 months for a second violation and shall permanently revoke a license for 3 or more violations of Section 65 of this Act.

NOTIFICATION TO LAW ENFORCMENT If an officer of a law enforcement agency initiates an investigative stop, including but not limited to a traffic stop, of a licensee who is carrying a concealed firearm, upon the request of the officer the licensee shall disclose to the officer that he or she is in possession of a concealed firearm under this Act, present the license upon the request of the officer, and identify the location of the concealed firearm.

* * * IF YOU DO NOT ASK, THEY DO NOT HAVE TO TELL YOU ***

The ISP will post administrative rules consistent with the Firearm Concealed Carry Act. The signage template was posted on the ISP website on October 11. The sign will be 4”X6” (or incorporated as 4”X6” portion of a larger sign).

Where can business owners or property owners obtain information about required signage?

Frequently Asked Questions

An evolving list of frequently asked questions is available at the ISP website, http://www.isp.state.il.us/firearms

COLONEL MARC MATONmarc.maton@isp.state.il.us