in his presentation

Report
ILLINOIS STATE POLICE
Concealed Carry Act
COLONEL MARC MATON
[email protected]
ISP Responsibilities
• Certify instructors and curriculum– September 6, 2013
• Launch a searchable database capable of listing
approved firearms instructors by September 6, 2013.
• Design a “Prohibited Area” sign for citizens to
download
• Create “Emergency Rules” for implementation of the
program
• Create an application by January 5, 2014.
6
ISP Responsibilities
• Provide application information to law
enforcement within 10 days of receipt via a
searchable database for 30 day objection
period.
• Issue Concealed Carry License within 90 days
of receipt.
• Manage the Objection Process
– Package and forward objections to the Concealed
Carry Licensing Review Board.
7
Who needs an Illinois Concealed Carry License?
• Everyone who wants to carry a concealed firearm on his/her
person in Illinois is required to have an Illinois Concealed
Carry License
• Except current peace officers and retired police officers
eligible under a federally approved retired officer carry
program; such as, the Illinois Retired Officer Concealed Carry
(IROCC) Program.
• Retired officers may be eligible to carry under either the
IROCC Program or the Firearm Concealed Carry Act (430 ILCS
66).
• Those licensed to carry firearms under another Act.
What are the qualifications for an Illinois
Concealed carry License?
•
•
•
•
•
•
•
•
The applicant must: Be at least 21 years of age
Have a valid FOID card (if an Illinois resident)
Valid Illinois DL or State ID
Have not been convicted or found guilty in Illinois or any other state of:
– A misdemeanor involving the use or threat of physical force or violence to any
person within the last 5 years
– 2 or more violations related to driving while under the influence of alcohol,
other drug or drugs, intoxicating compound or compounds, or any
combination thereof, within the last 5 years
Not be the subject of a pending arrest warrant, prosecution, or proceeding for an
offense or action that could lead to disqualification
Not have been in residential or court-ordered treatment for alcoholism, alcohol
detoxification, or drug treatment within the last 5 years
Submit an appropriately completed Concealed Carry License application
Successfully complete 16 hours of firearms training, including classroom and range
instruction.
What is the cost for an Illinois
Concealed Carry License?
• $150 for 5 years for Illinois residents
• $300 for 5 years for out-of-state residents
• Must possess the license any time the weapon
is carried, except inside own residence
14
Concealed Carry Program
Application
Concealed Carry Program
Application
Concealed Carry Program
Application
Concealed Carry Program
Payment
Concealed Carry Program
ID
Concealed Carry Program
Confirmation
ISP Concealed Carry Licensing Project
Review Current Volumes (As of Feb. 20, 2014)
1. Total Paid Applications: 58,646
(48,000 male applicants)
2. LE User Agreements: 560
3. Licenses Issued: 13,100
4. Invalid TCNs (AFIS fingerprints): 1,171
5. Law Enforcement Objections Filed: 1,163
How long will it take a citizen to obtain an Illinois
Concealed Carry License?
• Upon receipt of a qualified application, the ISP shall
issue or deny the applicant an Illinois Concealed
Carry License within 90 days, provided the applicant
submits a full set of fingerprints in electronic format.
• If fingerprints are not submitted in electronic
format, the ISP is granted an additional 30 days to
complete a manual background check.
• In all cases, law enforcement agencies will have 30
days to file an objection (if they so choose) once an
application is received.
ISP Eligibility
Valid FOID
IL Criminal
History
Federal
Criminal
History
SOS
Mental Health
Hot Files
NICS
III
Research
NCIC
NLETS
27
Law Enforcement Objections
•
Law enforcement officials are NOT required to:
– Conduct a background check on applicants (this will be done by the ISP); or
– Make objection (statutory or otherwise) to applicants.
•
Any law enforcement official MAY submit an objection to any applicant.
•
Any law enforcement objection shall be:
– based upon a reasonable suspicion that the applicant is a danger to himself or herself or
others, or a threat to public safety;
– made by the chief law enforcement officer of the law enforcement agency, or his or her
designee; and
– must include any documented 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 related to the application to the Board within 10 days of completing
all necessary background checks.
32
Law Enforcement Objections
• Not been arrested more than 5 times for any
reason within last 7 years.
• Not been arrested for 3 gang–related offenses
in last 7 years
• Encounters not in the system (i.e. ordinance
drug offense)
33
Concealed Carry Licensing
Review BOARD
ISP
Board
• If an LE objection is made, ISP completes all necessary
background checks and submits to the Board within 10 days.
• If no objection within 30 days, the application moves to
eligibility determination.
• ISP approves, denies, or objects application.
• Requests additional information if needed.
• Reviews each objection to determine by a majority whether
an applicant is eligible for a license.
• Makes a decision within 30 days of receipt.
• May request additional 30 days to issue a decision.
• Board activities exempt from FOIA
35
Appeals Process
• ISP sends denial letters to applicants denied
by the ISP or Board.
• If denied by ISP, aggrieved party may appeal to
the Director for a hearing.
• If denied by the Board, aggrieved party must
petition the circuit court to appeal.
• Final administrative decisions are subject to
judicial review.
36
What must an approved firearms training course cover?
•
The required 16-hour firearms training course will include range qualification time
and shall cover the following:
1.
2.
3.
4.
5.
•
Firearm safety
The basic principles of marksmanship
Care, cleaning, loading, and unloading of a concealable firearm
All applicable state and federal laws relating to the ownership, storage, carry, and
transportation of a firearm
Instruction on the appropriate and lawful interaction with law enforcement while
transporting or carrying a concealed firearm.
All applicants must pass a live fire exercise with a concealable firearm consisting
of:
1.
2.
A minimum of 30 rounds
10 rounds from a distance of 5 yards, 10 rounds from a distance of 7 yards, and 10 rounds
from a distance of 10 yards at a B-27 silhouette target approved by the ISP.
What type of firearm will I be allowed to carry
concealed?
“Concealed firearm" means a loaded or unloaded handgun carried on or about a
person completely or mostly concealed from view of the public or on or about a
person within a vehicle.
"Handgun" means any device which is designed to expel a projectile or projectiles by
the action of an explosion, expansion of gas, or escape of gas that is designed to be
held and fired by the use of a single hand.
"Handgun" does not include: A stun gun or taser;
1.
A machine gun as defined in item (i) of paragraph (7) of subsection (a) of Section 24-1 of
the Criminal Code of 2012;
2.
A short-barreled rifle or shotgun as defined in item (ii) of paragraph (7) of subsection (a)
of Section 24-1 of the Criminal Code of 2012
3.
Any pneumatic gun, spring gun, paint ball gun, or B-B gun which expels a single globular
projectile not exceeding .18 inch in diameter, or which has a maximum muzzle velocity of
less than 700 feet per second, or which expels breakable paint balls containing washable
marking colors.
DEFINITIONS
"Concealed firearm" means a loaded or unloaded
handgun carried on or about a person completely or mostly
concealed from view of the public or on or about a person
within a vehicle.
Concealed
Concealed ???
Not Concealed
VIOLATIONS of the ACT
PENALTIES
Except as otherwise provided (carry under the influence, etc..):
• 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 or more violations of Section 65 of this Act.
NOTIFICATION TO LAW ENFORCMENT
If an officer of a law enforcement agency initiates an
investigative stop, including but not limited to a traffic
stop, of a licensee who is carrying a concealed firearm, upon
the request of the officer the licensee 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, and identify the location of the concealed firearm.
* * * IF YOU DO NOT ASK, THEY DO NOT HAVE TO TELL YOU ***
Where can business owners or property owners
obtain information about required signage?
The ISP will post administrative rules consistent
with the Firearm Concealed Carry Act. The
signage template was posted on the ISP website
on October 11. The sign will be 4”X6” (or
incorporated as 4”X6” portion of a larger sign).
Frequently Asked Questions
An evolving list of frequently asked
questions is available at the ISP
website,
http://www.isp.state.il.us/firearms
COLONEL MARC MATON
[email protected]

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