Bill Text: IL HB5059 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: 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).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB5059 Detail]

Download: Illinois-2019-HB5059-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB5059 Introduced , by Rep. Brad Halbrook SYNOPSIS AS INTRODUCED:
430 ILCS 66/10
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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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 Section 10 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 the grounds for the denial. The
notice of denial must inform the applicant of his or her right
to an appeal through administrative and judicial review.
(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

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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
(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 and , or present his or her
concealed carry the license to upon the request of the officer
if he or she is a licensee or present to 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. The disclosure
requirement under this subsection (h) is satisfied if the
licensee presents his or her license to the officer or the
non-resident presents to the officer evidence under paragraph
(2) of subsection (e) of Section 40 of this Act that he or she
is qualified to carry under that subsection. The Upon the

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request of the officer, the licensee or non-resident shall also
identify the location of the concealed firearm and permit the
officer to safely secure the firearm for the duration of the
investigative stop. 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).
(h-1) If a licensee carrying a firearm or a non-resident
carrying a firearm in a vehicle under subsection (e) of Section
40 of this Act is contacted by a law enforcement officer or
emergency services personnel, the law enforcement officer or
emergency services personnel may secure the firearm or direct
that it be secured during the duration of the contact if the
law enforcement officer or emergency services personnel
determines that it is necessary for the safety of any person
present, including the law enforcement officer or emergency
services personnel. The licensee or nonresident shall submit to
the order to secure the firearm. When the law enforcement
officer or emergency services personnel have determined that
the licensee or non-resident is not a threat to the safety of
any person present, including the law enforcement officer or
emergency services personnel, and if the licensee or
non-resident is physically and mentally capable of possessing
the firearm, the law enforcement officer or emergency services
personnel shall return the firearm to the licensee or
non-resident before releasing him or her from the scene and

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breaking contact. If the licensee or non-resident is
transported for treatment to another location, the firearm
shall be turned over to any peace officer. The peace officer
shall provide a receipt which includes the make, model,
caliber, and serial number of the firearm.
(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
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; 99-29,
eff. 7-10-15.)