|
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4620 Introduced , by Rep. John D. Cavaletto SYNOPSIS AS INTRODUCED:
|
| |
Amends the Firearm Concealed Carry Act. Provides that a licensee who presents his or her license to a law enforcement officer who initiates an investigative stop, or a non-resident who presents evidence under the Act that he or she is a non-resident qualified to carry to the officer, shall be deemed to have disclosed that he or she is carrying a concealed firearm as required under the Act. Effective immediately.
| |
| | |
| | A BILL FOR |
|
|
| | HB4620 | | LRB098 17704 RLC 52819 b |
|
|
| 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 |
|
| | HB4620 | - 2 - | LRB098 17704 RLC 52819 b |
|
|
|
| 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 |
|
| | HB4620 | - 3 - | LRB098 17704 RLC 52819 b |
|
|
|
| 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). A licensee who presents his or her license |
| 26 | | to the officer, or a non-resident who presents evidence under |
|
| | HB4620 | - 4 - | LRB098 17704 RLC 52819 b |
|
|
|
| 1 | | paragraph (2) of subsection (e) of Section 40 of this Act that |
| 2 | | he or she is a non-resident qualified to carry under that |
| 3 | | subsection to the officer, shall be deemed to have disclosed |
| 4 | | that he or she is carrying a concealed firearm as required |
| 5 | | under this subsection (h). |
| 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.
|
| 24 | | (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.)
|
| 25 | | Section 99. Effective date. This Act takes effect upon |
| 26 | | becoming law.
|