Bill Text: IL HB4601 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: 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.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB4601 Detail]

Download: Illinois-2019-HB4601-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4601

Introduced , by Rep. Norine K. Hammond

SYNOPSIS AS INTRODUCED:
430 ILCS 66/10

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.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Firearm Concealed Carry Act is amended by
5changing 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
9concealed 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
19duplicate license as provided in this Act.
20 (c) A license shall be valid throughout the State for a
21period of 5 years from the date of issuance. A license shall
22permit 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
6available no later than 180 days after the effective date of
7this Act. The Department shall establish rules for the
8availability and submission of applications in accordance with
9this Act.
10 (e) An application for a license submitted to the
11Department that contains all the information and materials
12required by this Act, including the requisite fee, shall be
13deemed completed. Except as otherwise provided in this Act, no
14later than 90 days after receipt of a completed application,
15the Department shall issue or deny the applicant a license. The
16Illinois State Police shall notify the applicant for a
17concealed carry license, electronically, if his or her
18application has been accepted. If an applicant for a concealed
19carry license submits his or her application electronically,
20the Illinois State Police shall notify the applicant
21electronically if his or her application is missing information
22or materials.
23 (f) The Department shall deny the applicant a license if
24the applicant fails to meet the requirements under this Act or
25the Department receives a determination from the Board that the
26applicant is ineligible for a license. The Department must

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1notify the applicant stating the grounds for the denial. The
2notice of denial must inform the applicant of his or her right
3to an appeal through administrative and judicial review.
4 (g) A licensee shall possess a license at all times the
5licensee 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
18investigative stop, including but not limited to a traffic
19stop, of a licensee or a non-resident carrying a concealed
20firearm under subsection (e) of Section 40 of this Act, upon
21the request of the officer the licensee or non-resident shall
22disclose to the officer that he or she is in possession of a
23concealed firearm under this Act, or present the license upon
24the request of the officer if he or she is a licensee or
25present upon the request of the officer evidence under
26paragraph (2) of subsection (e) of Section 40 of this Act that

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1he or she is a non-resident qualified to carry under that
2subsection. The disclosure requirement under this subsection
3(h) is satisfied if the licensee presents his or her license to
4the officer or the non-resident presents to the officer
5evidence under paragraph (2) of subsection (e) of Section 40 of
6this Act that he or she is qualified to carry under that
7subsection. Upon the request of the officer, the licensee or
8non-resident shall also identify the location of the concealed
9firearm and permit the officer to safely secure the firearm for
10the duration of the investigative stop. During a traffic stop,
11any passenger within the vehicle who is a licensee or a
12non-resident carrying under subsection (e) of Section 40 of
13this Act must comply with the requirements of this subsection
14(h).
15 (h-1) If a licensee carrying a firearm or a non-resident
16carrying a firearm in a vehicle under subsection (e) of Section
1740 of this Act is contacted by a law enforcement officer or
18emergency services personnel, the law enforcement officer or
19emergency services personnel may secure the firearm or direct
20that it be secured during the duration of the contact if the
21law enforcement officer or emergency services personnel
22determines that it is necessary for the safety of any person
23present, including the law enforcement officer or emergency
24services personnel. The licensee or nonresident shall submit to
25the order to secure the firearm. When the law enforcement
26officer or emergency services personnel have determined that

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1the licensee or non-resident is not a threat to the safety of
2any person present, including the law enforcement officer or
3emergency services personnel, and if the licensee or
4non-resident is physically and mentally capable of possessing
5the firearm, the law enforcement officer or emergency services
6personnel shall return the firearm to the licensee or
7non-resident before releasing him or her from the scene and
8breaking contact. If the licensee or non-resident is
9transported for treatment to another location, the firearm
10shall be turned over to any peace officer. The peace officer
11shall provide a receipt which includes the make, model,
12caliber, and serial number of the firearm.
13 (i) The Department shall maintain a database of license
14applicants and licensees. The database shall be available to
15all federal, State, and local law enforcement agencies, State's
16Attorneys, the Attorney General, and authorized court
17personnel. Within 180 days after the effective date of this
18Act, the database shall be searchable and provide all
19information included in the application, including the
20applicant's previous addresses within the 10 years prior to the
21license application and any information related to violations
22of this Act. No law enforcement agency, State's Attorney,
23Attorney General, or member or staff of the judiciary shall
24provide any information to a requester who is not entitled to
25it by law.
26 (j) No later than 10 days after receipt of a completed

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1application, the Department shall enter the relevant
2information about the applicant into the database under
3subsection (i) of this Section which is accessible by law
4enforcement agencies.
5(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-29,
6eff. 7-10-15.)
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