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| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5059 Introduced , by Rep. Brad Halbrook SYNOPSIS AS INTRODUCED:
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Amends the Firearm Concealed Carry Act. Provides that if an officer of a law enforcement agency initiates an investigative stop, including but not limited to a traffic stop, of a licensee or a non-resident carrying a concealed firearm, the licensee or non-resident shall disclose to the officer that he or she is in possession of a concealed firearm under the Act and present his or her concealed carry license to the officer if he or she is a licensee or present to the officer evidence
that he or she is a non-resident qualified to carry
under the Act (rather than providing this information upon the request of the officer). Provides that the licensee or non-resident shall also identify the location of the concealed firearm (rather than providing this information upon request of the officer).
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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. |
| 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 and , or present his or her |
| 17 | | concealed carry the license to upon the request of the officer |
| 18 | | if he or she is a licensee or present to upon the request of the |
| 19 | | officer evidence
under paragraph (2) of subsection (e) of |
| 20 | | Section 40 of this Act that he or she is a non-resident |
| 21 | | qualified to carry
under that subsection. The disclosure |
| 22 | | requirement under this subsection (h) is satisfied if the |
| 23 | | licensee presents his or her license to the officer or the |
| 24 | | non-resident presents to the officer evidence under paragraph |
| 25 | | (2) of subsection (e) of Section 40 of this Act that he or she |
| 26 | | is qualified to carry under that subsection. The Upon the |
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| 1 | | request of the officer, the licensee or non-resident shall also |
| 2 | | identify the location of the concealed firearm and permit the |
| 3 | | officer to safely secure the firearm for the duration of the |
| 4 | | investigative stop. During a traffic stop, any
passenger within |
| 5 | | the vehicle who is a licensee or a non-resident carrying under |
| 6 | | subsection (e) of
Section 40 of this Act must comply with the |
| 7 | | requirements of this subsection (h). |
| 8 | | (h-1) If a licensee carrying a firearm or a non-resident |
| 9 | | carrying a firearm in a vehicle under subsection (e) of Section |
| 10 | | 40 of this Act is contacted by a law enforcement officer or |
| 11 | | emergency
services personnel, the law enforcement officer or |
| 12 | | emergency services personnel may secure the firearm
or direct |
| 13 | | that it be secured during the duration of the contact if the |
| 14 | | law enforcement officer or emergency
services personnel |
| 15 | | determines that it is necessary for the safety of any person
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| 16 | | present, including the law enforcement officer or emergency |
| 17 | | services personnel. The licensee or nonresident
shall submit to |
| 18 | | the order to secure the firearm. When the law enforcement |
| 19 | | officer or emergency services
personnel have determined that |
| 20 | | the licensee or non-resident is not a threat to
the safety of |
| 21 | | any person present, including the law enforcement officer or |
| 22 | | emergency services personnel, and
if the licensee or |
| 23 | | non-resident is physically and mentally capable of
possessing |
| 24 | | the firearm, the law enforcement officer or emergency services |
| 25 | | personnel shall return the
firearm to the licensee or |
| 26 | | non-resident before releasing him or her from the
scene and |
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| 1 | | breaking contact. If the licensee or non-resident is |
| 2 | | transported for
treatment to another location, the firearm |
| 3 | | shall be turned over to any peace
officer. The peace officer |
| 4 | | shall provide a receipt which includes the make,
model, |
| 5 | | caliber, and serial number of the firearm. |
| 6 | | (i) The Department shall maintain a database of license |
| 7 | | applicants and licensees. The database shall be available to |
| 8 | | all federal, State, and local law enforcement agencies, State's |
| 9 | | Attorneys, the Attorney General, and authorized court |
| 10 | | personnel. Within 180 days after the effective date of this |
| 11 | | Act, the database shall be searchable and provide all |
| 12 | | information included in the application, including the |
| 13 | | applicant's previous addresses within the 10 years prior to the |
| 14 | | license application and any information related to violations |
| 15 | | of this Act. No law enforcement agency, State's Attorney, |
| 16 | | Attorney General, or member or staff of the judiciary shall |
| 17 | | provide any information to a requester who is not entitled to |
| 18 | | it by law. |
| 19 | | (j) No later than 10 days after receipt of a completed |
| 20 | | application, the Department shall enter the relevant |
| 21 | | information about the applicant into the database under |
| 22 | | subsection (i) of this Section which is accessible by law |
| 23 | | enforcement agencies.
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| 24 | | (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-29, |
| 25 | | eff. 7-10-15.)
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