Bill Text: IL HB3218 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Firearm Concealed Carry Act. Provides that the Department of State Police must notify the applicant stating detailed grounds for the denial and the applicant's right to receive copies of all documents and other evidence that was provided to the Department concerning the application. Provides that in the event that an applicant is denied a license, a copy of any and all objections made by law enforcement agencies shall be made available to the applicant. Provides that upon the referral, applicants shall be given notice by the Department that the application is undergoing review by the Board. The notice shall include the next date upon which the Concealed Carry Licensing Review Board is expected to convene, and shall inform the applicant that the 90-day time period has been tolled. Provides that all documents and evidence provided to the Board, including a list of the names of all witnesses who provided testimony to the Board, shall be made available to the applicant and the applicant's designated attorney, if any. Provides that an applicant may appeal a denial of an application for a concealed carry license by the Department to the Director for a hearing within 70 calendar days after the denial. Provides that the time deadline for filing a petition for administrative or judicial review shall be 70 calendar days from the date the notice of denial was received by the applicant. If an applicant brings a petition for judicial review under this Act, the petition must be decided without remand to the Department.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2016-08-29 - Added Co-Sponsor Rep. David S. Olsen [HB3218 Detail]

Download: Illinois-2015-HB3218-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB3218 Introduced , by Rep. John E. Bradley SYNOPSIS AS INTRODUCED:
430 ILCS 66/10
430 ILCS 66/15
430 ILCS 66/20
430 ILCS 66/70
430 ILCS 66/87
Amends the Firearm Concealed Carry Act. Provides that the Department of State Police must notify the applicant stating detailed grounds for the denial and the applicant's right to receive copies of all documents and other evidence that was provided to the Department concerning the application. Provides that in the event that an applicant is denied a license, a copy of any and all objections made by law enforcement agencies shall be made available to the applicant. Provides that upon the referral, applicants shall be given notice by the Department that the application is undergoing review by the Board. The notice shall include the next date upon which the Concealed Carry Licensing Review Board is expected to convene, and shall inform the applicant that the 90-day time period has been tolled. Provides that all documents and evidence provided to the Board, including a list of the names of all witnesses who provided testimony to the Board, shall be made available to the applicant and the applicant's designated attorney, if any. Provides that an applicant may appeal a denial of an application for a concealed carry license by the Department to the Director for a hearing within 70 calendar days after the denial. Provides that the time deadline for filing a petition for administrative or judicial review shall be 70 calendar days from the date the notice of denial was received by the applicant. If an applicant brings a petition for judicial review under this Act, the petition must be decided without remand to the Department.
LRB099 08493 RLC 28649 b
A BILL FOR
HB3218 LRB099 08493 RLC 28649 b
AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Firearm Concealed Carry Act is amended by
changing Sections 10, 15, 20, 70, and 87 as follows:
(430 ILCS 66/10)
Sec. 10. Issuance of licenses to carry a concealed firearm.
(a) The Department shall issue a license to carry a
concealed firearm under this Act to an applicant who:
(1) meets the qualifications of Section 25 of this Act;
(2) has provided the application and documentation
required in Section 30 of this Act;
(3) has submitted the requisite fees; and
(4) does not pose a danger to himself, herself, or
others, or a threat to public safety as determined by the
Concealed Carry Licensing Review Board in accordance with
Section 20.
(b) The Department shall issue a renewal, corrected, or
duplicate license as provided in this Act.
(c) A license shall be valid throughout the State for a
period of 5 years from the date of issuance. A license shall
permit the licensee to:
(1) carry a loaded or unloaded concealed firearm, fully

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concealed or partially concealed, on or about his or her
person; and
(2) keep or carry a loaded or unloaded concealed
firearm on or about his or her person within a vehicle.
(d) The Department shall make applications for a license
available no later than 180 days after the effective date of
this Act. The Department shall establish rules for the
availability and submission of applications in accordance with
this Act.
(e) An application for a license submitted to the
Department that contains all the information and materials
required by this Act, including the requisite fee, shall be
deemed completed. Except as otherwise provided in this Act, no
later than 90 days after receipt of a completed application,
the Department shall issue or deny the applicant a license.
(f) The Department shall deny the applicant a license if
the applicant fails to meet the requirements under this Act or
the Department receives a determination from the Board that the
applicant is ineligible for a license. The Department must
notify the applicant stating detailed the grounds for the
denial and the applicant's right to receive copies of all
documents and other evidence that was provided to the
Department concerning the application. The notice of denial
must inform the applicant of his or her right to an appeal
through administrative and judicial review.
The notification of denial shall be provided as follows:

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(1) the notice of denial and the written decision of
the Board under subsection (f) of Section 20 of this Act
shall be sent via certified United States mail by the
Department, with signature required and return receipt
requested, to the address listed on the application;
(2) the appeal period under Section 87 of this Act
shall begin to accrue on the date the denial letter is
delivered to the address listed on the application; and
(3) in any administrative or judicial proceeding
concerning the denial of the application, the Department
shall provide the following:
(A) proof that the denial letter was delivered to
the correct address;
(B) a copy of the signature of the person who
received the letter; and
(C) proof of the date on which it was delivered.
(g) A licensee shall possess a license at all times the
licensee carries a concealed firearm except:
(1) when the licensee is carrying or possessing a
concealed firearm on his or her land or in his or her
abode, legal dwelling, or fixed place of business, or on
the land or in the legal dwelling of another person as an
invitee with that person's permission;
(2) when the person is authorized to carry a firearm
under Section 24-2 of the Criminal Code of 2012, except
subsection (a-5) of that Section; or

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(3) when the handgun is broken down in a
non-functioning state, is not immediately accessible, or
is unloaded and enclosed in a case.
(h) 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 under subsection (e) of Section 40 of this Act, upon
the request of the officer the licensee or non-resident 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 if he or she is a licensee or present
upon the request of the officer evidence under paragraph (2) of
subsection (e) of Section 40 of this Act that he or she is a
non-resident qualified to carry under that subsection, and
identify the location of the concealed firearm. During a
traffic stop, any passenger within the vehicle who is a
licensee or a non-resident carrying under subsection (e) of
Section 40 of this Act must comply with the requirements of
this subsection (h).
(i) The Department shall maintain a database of license
applicants and licensees. The database shall be available to
all federal, State, and local law enforcement agencies, State's
Attorneys, the Attorney General, and authorized court
personnel. Within 180 days after the effective date of this
Act, the database shall be searchable and provide all
information included in the application, including the

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applicant's previous addresses within the 10 years prior to the
license application and any information related to violations
of this Act. No law enforcement agency, State's Attorney,
Attorney General, or member or staff of the judiciary shall
provide any information to a requester who is not entitled to
it by law.
(j) No later than 10 days after receipt of a completed
application, the Department shall enter the relevant
information about the applicant into the database under
subsection (i) of this Section which is accessible by law
enforcement agencies.
(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.)
(430 ILCS 66/15)
Sec. 15. Objections by law enforcement agencies.
(a) Any law enforcement agency may submit an objection to a
license applicant based upon a reasonable suspicion that the
applicant is a danger to himself or herself or others, or a
threat to public safety. The objection shall be made by the
chief law enforcement officer of the law enforcement agency, or
his or her designee, and must include any 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 available to the Board under State and federal law
related to the application to the Board within 10 days of

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completing all necessary background checks. If an applicant is
denied a license, a copy of any and all objections made by law
enforcement agencies shall be made available to the applicant.
(b) If an applicant has 5 or more arrests for any reason,
that have been entered into the Criminal History Records
Information (CHRI) System, within the 7 years preceding the
date of application for a license, or has 3 or more arrests
within the 7 years preceding the date of application for a
license for any combination of gang-related offenses, the
Department shall object and submit the applicant's arrest
record to the extent the Board is allowed to receive that
information under State and federal law, the application
materials, and any additional information submitted by a law
enforcement agency to the Board. For purposes of this
subsection, "gang-related offense" is an offense described in
Section 12-6.4, Section 24-1.8, Section 25-5, Section 33-4, or
Section 33G-4, or in paragraph (1) of subsection (a) of Section
12-6.2, paragraph (2) of subsection (b) of Section 16-30,
paragraph (2) of subsection (b) of Section 31-4, or item (iii)
of paragraph (1.5) of subsection (i) of Section 48-1 of the
Criminal Code of 2012.
(c) The referral of an objection under this Section to the
Board shall toll the 90-day period for the Department to issue
or deny the applicant a license under subsection (e) of Section
10 of this Act, during the period of review and until the Board
issues its decision. Upon the referral, applicants shall be

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given notice by the Department that the application is
undergoing review by the Board. The notice shall include the
next date upon which the Board is expected to convene, and
shall inform the applicant that the 90-day time period has been
tolled.
(d) If no objection is made by a law enforcement agency or
the Department under this Section, the Department shall process
the application in accordance with this Act.
(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.)
(430 ILCS 66/20)
Sec. 20. Concealed Carry Licensing Review Board.
(a) There is hereby created within the Department of State
Police a Concealed Carry Licensing Review Board to consider any
objection to an applicant's eligibility to obtain a license
under this Act submitted by a law enforcement agency or the
Department under Section 15 of this Act. The Board shall
consist of 7 commissioners to be appointed by the Governor,
with the advice and consent of the Senate, with 3 commissioners
residing within the First Judicial District and one
commissioner residing within each of the 4 remaining Judicial
Districts. No more than 4 commissioners shall be members of the
same political party. The Governor shall designate one
commissioner as the Chairperson. The Board shall consist of:
(1) one commissioner with at least 5 years of service
as a federal judge;

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(2) 2 commissioners with at least 5 years of experience
serving as an attorney with the United States Department of
Justice;
(3) 3 commissioners with at least 5 years of experience
as a federal agent or employee with investigative
experience or duties related to criminal justice under the
United States Department of Justice, Drug Enforcement
Administration, Department of Homeland Security, or
Federal Bureau of Investigation; and
(4) one member with at least 5 years of experience as a
licensed physician or clinical psychologist with expertise
in the diagnosis and treatment of mental illness.
(b) The initial terms of the commissioners shall end on
January 12, 2015. Thereafter, the commissioners shall hold
office for 4 years, with terms expiring on the second Monday in
January of the fourth year. Commissioners may be reappointed.
Vacancies in the office of commissioner shall be filled in the
same manner as the original appointment, for the remainder of
the unexpired term. The Governor may remove a commissioner for
incompetence, neglect of duty, malfeasance, or inability to
serve. Commissioners shall receive compensation in an amount
equal to the compensation of members of the Executive Ethics
Commission and may be reimbursed for reasonable expenses
actually incurred in the performance of their Board duties,
from funds appropriated for that purpose.
(c) The Board shall meet at the call of the chairperson as

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often as necessary to consider objections to applications for a
license under this Act. If necessary to ensure the
participation of a commissioner, the Board shall allow a
commissioner to participate in a Board meeting by electronic
communication. Any commissioner participating electronically
shall be deemed present for purposes of establishing a quorum
and voting.
(d) The Board shall adopt rules for the review of
objections and the conduct of hearings. The Board shall
maintain a record of its decisions and all materials considered
in making its decisions. All Board decisions and voting records
shall be kept confidential and all materials considered by the
Board shall be exempt from inspection except upon order of a
court.
(e) In considering an objection of a law enforcement agency
or the Department, the Board shall review the materials
received with the objection from the law enforcement agency or
the Department. By a vote of at least 4 commissioners, the
Board may request additional information from the law
enforcement agency, Department, or the applicant, or the
testimony of the law enforcement agency, Department, or the
applicant. The Board may require that the applicant submit
electronic fingerprints to the Department for an updated
background check where the Board determines it lacks sufficient
information to determine eligibility. The Board may only
consider information submitted by the Department, a law

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enforcement agency, or the applicant. The Board shall review
each objection and determine by a majority of commissioners
whether an applicant is eligible for a license.
(f) The Board shall issue a written decision within 30 days
of receipt of the objection from the Department. The decision
shall specifically reference all documents and evidence
submitted to the Board by the Department, law enforcement
agencies, and the applicant. The decision shall include the
names of all witnesses who testified at the hearing.
The However, the Board need not issue its written a
decision within the 30-day time period 30 days if:
(1) the Board requests information from the applicant,
including but not limited to electronic fingerprints to be
submitted to the Department, in accordance with subsection
(e) of this Section, in which case the Board shall issue
its written make a decision within 30 days of receipt of
the required information from the applicant;
(2) the applicant agrees, in writing, to allow the
Board additional time to consider an objection before
issuing a written decision; or
(3) the Board notifies the applicant and the Department
that the Board needs an additional 30 days to issue its
written a decision.
(g) If the Board determines by a preponderance of the
evidence that the applicant poses a danger to himself or
herself or others, or is a threat to public safety, then the

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Board shall affirm the objection of the law enforcement agency
or the Department, and shall notify the Department that the
applicant is ineligible for a license, and shall provide the
Department with a written copy of the decision as outlined in
subsection (f) of this Section. If the Board does not determine
by a preponderance of the evidence that the applicant poses a
danger to himself or herself or others, or is a threat to
public safety, then the Board shall notify the Department that
the applicant is eligible for a license and shall forward a
copy of its written decision to the Department.
(h) Meetings of the Board shall not be subject to the Open
Meetings Act and records of the Board shall not be subject to
the Freedom of Information Act. However, all documents and
evidence provided to the Board, including a list of the names
of all witnesses who provided testimony to the Board, shall be
made available to the applicant and the applicant's designated
attorney, if any. To the extent that the Board has reviewed the
medical records of an applicant, or any other records subject
to any law or rule providing for the applicant's privacy,
copies of the those records shall be provided only to the
applicant and the disclosure of the records shall comply with
all applicable privacy laws, rules, and regulations. Upon a
Board decision denying an application, a copy of the written
decision of the Board shall be attached to the notice of denial
required under subsection (f) of Section 10 of this Act, and
mailed to the applicant.

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(i) The Board shall report monthly to the Governor and the
General Assembly on the number of objections received and
provide details of the circumstances in which the Board has
determined to deny licensure based on law enforcement or
Department objections under Section 15 of this Act. The report
shall not contain any identifying information about the
applicants.
(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.)
(430 ILCS 66/70)
Sec. 70. Violations.
(a) A license issued or renewed under this Act shall be
revoked if, at any time, the licensee is found to be ineligible
for a license under this Act or the licensee no longer meets
the eligibility requirements of the Firearm Owners
Identification Card Act. The notification and appeals
processes for revoked licenses shall be the same as those for
denied applications under Sections 10, 15, and 87 of this Act.
(b) A license shall be suspended if an order of protection,
including an emergency order of protection, plenary order of
protection, or interim order of protection under Article 112A
of the Code of Criminal Procedure of 1963 or under the Illinois
Domestic Violence Act of 1986, is issued against a licensee for
the duration of the order, or if the Department is made aware
of a similar order issued against the licensee in any other
jurisdiction. If an order of protection is issued against a

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licensee, the licensee shall surrender the license, as
applicable, to the court at the time the order is entered or to
the law enforcement agency or entity serving process at the
time the licensee is served the order. The court, law
enforcement agency, or entity responsible for serving the order
of protection shall notify the Department within 7 days and
transmit the license to the Department.
(c) A license is invalid upon expiration of the license,
unless the licensee has submitted an application to renew the
license, and the applicant is otherwise eligible to possess a
license under this Act.
(d) A licensee shall not carry a concealed firearm while
under the influence of alcohol, other drug or drugs,
intoxicating compound or combination of compounds, or any
combination thereof, under the standards set forth in
subsection (a) of Section 11-501 of the Illinois Vehicle Code.
A licensee in violation of this subsection (d) shall be
guilty of a Class A misdemeanor for a first or second violation
and a Class 4 felony for a third violation. The Department may
suspend a license for up to 6 months for a second violation and
shall permanently revoke a license for a third violation.
(e) Except as otherwise provided, 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

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or more violations of Section 65 of this Act. Any person
convicted of a violation under this Section shall pay a $150
fee to be deposited into the Mental Health Reporting Fund, plus
any applicable court costs or fees.
(f) A licensee convicted or found guilty of a violation of
this Act who has a valid license and is otherwise eligible to
carry a concealed firearm shall only be subject to the
penalties under this Section and shall not be subject to the
penalties under Section 21-6, paragraph (4), (8), or (10) of
subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5)
of paragraph (3) of subsection (a) of Section 24-1.6 of the
Criminal Code of 2012. Except as otherwise provided in this
subsection, nothing in this subsection prohibits the licensee
from being subjected to penalties for violations other than
those specified in this Act.
(g) A licensee whose license is revoked, suspended, or
denied shall, within 48 hours of receiving notice of the
revocation, suspension, or denial, surrender his or her
concealed carry license to the local law enforcement agency
where the person resides. The local law enforcement agency
shall provide the licensee a receipt and transmit the concealed
carry license to the Department of State Police. If the
licensee whose concealed carry license has been revoked,
suspended, or denied fails to comply with the requirements of
this subsection, the law enforcement agency where the person
resides may petition the circuit court to issue a warrant to

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search for and seize the concealed carry license in the
possession and under the custody or control of the licensee
whose concealed carry license has been revoked, suspended, or
denied. The observation of a concealed carry license in the
possession of a person whose license has been revoked,
suspended, or denied constitutes a sufficient basis for the
arrest of that person for violation of this subsection. A
violation of this subsection is a Class A misdemeanor.
(h) A license issued or renewed under this Act shall be
revoked if, at any time, the licensee is found ineligible for a
Firearm Owner's Identification Card, or the licensee no longer
possesses a valid Firearm Owner's Identification Card. A
licensee whose license is revoked under this subsection (h)
shall surrender his or her concealed carry license as provided
for in subsection (g) of this Section.
This subsection shall not apply to a person who has filed
an application with the State Police for renewal of a Firearm
Owner's Identification Card and who is not otherwise ineligible
to obtain a Firearm Owner's Identification Card.
(i) A certified firearms instructor who knowingly provides
or offers to provide a false certification that an applicant
has completed firearms training as required under this Act is
guilty of a Class A misdemeanor. A person guilty of a violation
of this subsection (i) is not eligible for court supervision.
The Department shall permanently revoke the firearms
instructor certification of a person convicted under this

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subsection (i).
(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14; 98-899,
eff. 8-15-14.)
(430 ILCS 66/87)
Sec. 87. Administrative and judicial review.
(a) Whenever an application for a concealed carry license
is denied, whenever the Department fails to act on an
application within 90 days of its receipt, or whenever a
license is revoked or suspended as provided in this Act, the
aggrieved party may appeal to the Director for a hearing upon
the denial, revocation, suspension, or failure to act on the
application, unless the denial was made by the Concealed Carry
Licensing Review Board, in which case the aggrieved party may
petition the circuit court in writing in the county of his or
her residence for a hearing upon the denial. An applicant may
appeal a denial of an application for a concealed carry license
by the Department to the Director for a hearing within 70
calendar days after the denial.
(b) All final administrative decisions of the Department or
the Concealed Carry Licensing Review Board under this Act shall
be subject to judicial review under the provisions of the
Administrative Review Law except that a petition for
administrative or judicial review shall be filed within 70
calendar days from the date the notice of denial was received
by the applicant. If an applicant brings a petition for

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judicial review under this Act, the petition must be decided
without remand to the Department. The term "administrative
decision" is defined as in Section 3-101 of the Code of Civil
Procedure.
(c) Immediately upon receiving notice that the application
has been denied, the applicant or the applicant's attorney, if
any, may formally request copies of all documents and evidence
considered by the Department in making its determination. The
Department shall provide the requested documents and evidence
within 14 calendar days of receiving the written request.
(Source: P.A. 98-63, eff. 7-9-13.)