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The IL Concealed Carry Law FAQ (Frequently Asked Questions)


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#1 pyre400

    Political opinions expressed are always my own.

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Posted 02 June 2013 - 08:49 AM

This topic was created to provide answers to various Frequently Asked Questions, regarding the new carry law: Public Act 098-0063.
All forum members are encouraged to respond to posts that may be covered by this FAQ with the following redirect: http://illinoiscarry.com/faq.html
This will help keep everyone on the same page and alleviate a lot of the confusion and moderation overhead on the forum.



Q2. What are the training the requirements?
A2. a ) The law states that it will consider existing training that the applicant has taken, up to 8 of the 16 hours required. The training has yet to be determined by the Illinois state police training board.
b ) Training for active law enforcement or current "TAN Cards" will be considered satisfactory for the required 16 hours
. Training for retire or not currently employeed "tan cards" will be counted for 8 hrs. of training credit.
c ) Renewal will require an additional 3 hours of training

Q3 . Is there duty to inform? (DTI)
A3 . DTI is only required if the officer asks.

(h) If an officer of a law enforcement agency initiates an 3 investigative stop, including but not limited to a traffic 4 stop, of a licensee who is carrying a concealed firearm, upon 5 the request of the officer the licensee shall disclose to the 6 officer that he or she is in possession of a concealed firearm 7 under this Act, present the license upon the request of the 8 officer, and identify the location of the concealed firearm.
New legislation requires passengers to also respond if asked.

Q4. Is this new law "may issue"?
A4. No, it is a "shall issue" law. There is an exception/denial process, however, which involves review by an appointed board.

Q5. The review board sounds an awful lot like May Issue
A5. Most applicants will not have their applications sent to the review board.
The review board only comes into play if:

A law enforcement agency objects to your application

You have been arrested more than 5 times in the previous 7 years for any reason

You have been arrested more than 3 times in the previous 7 years for gang related offences


Q6. Can my Sheriff/Chief LEO object because he does not approve of concealed carry and/or has a grudge against me?
A6. No. The objections made by LEO must be documented, specific to the applicant, and must demonstrate that the applicant would be a danger to public safety if given a license. The review board will determine if the preponderance of evidence shows the applicant is a danger to public safety. Decisions by the review board can be appealed in Court.


Q7. This law offers preemption, what does that mean for other "local" ordinance and regulation of firearms?
A7. Under the law, there are several forms of preemption:
a ) The carrying/transporting of
firearms under this act is an exclusive function of the state and municipalities cannot regulate the carrying of handguns for self defense.
b ) The law also preempts any municipal regulation of handguns for ownership, possession, registration or the like. i.e - Chicago can no longer require it own specific training or Chicago Firearm Permit or registration of someone who owns a handgun so long as they have been issued a FOID card.
c ) There is transportation preemption which means so long as you are transporting you firearm in accordance with state law, you can legally transport it anywhere through the state.
d ) There is preemption of so called assault weapons bans. Current bans are grandfathered in. and a home rule municipality had 10 days after the law took effect to pass one if they chose. No new bans on so called assault weapons may be enacted in the state.



Section 90. Preemption.
The regulation, licensing, possession, registration, and
transportation of handguns and ammunition for
handguns by licensees are exclusive powers and
functions of the State. Any ordinance or regulation, or portion
thereof, enacted on or before the effective date of this Act
that purports to impose regulations or restrictions on
licensees or handguns and ammunition for
handguns in a manner inconsistent with this Act shall be
invalid in its application to licensees under this Act on the
effective date of this Act. This Section is a denial and
limitation of home rule powers and functions under subsection
(h) of Section 6 of Article VII of the Illinois Constitution.

....

Sec. 13.1. Preemption.
(a) Except as otherwise provided in the Firearm Concealed
Carry Act and subsections ( :cool: and (c) of this Section, the The
provisions of any ordinance enacted by any municipality which
requires registration or imposes greater restrictions or
limitations on the acquisition, possession and transfer of
firearms than are imposed by this Act, are not invalidated or
affected by this Act.


Q8. What are the fees for obtaining a license? How much will it cost to get a license?
A8. a ) For residents it is $150 for a license. $300 for non-residents.
b ) Other "fees" and costs are ancillary, and not addressed by the law. Examples of such fees are training expenses, range time, and fingerprinting
c ) Replacement of a license, or address change, will cost $75



Q9. Is there a live fire requirement for obtaining a license?
A9. Yes, the requirement consists of the following
An applicant for a new license shall provide proof of
certification by a certified instructor that the applicant
passed a live fire exercise with a concealable firearm
consisting of:
(1) a minimum of 30 rounds; and
(2) 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 Department.


Q10. How long will it take to get a license?
A10. The approval status is supposed to be given within 90 days from the receipt of the application if fingerprints are submitted, 120 days if fingerprints are not submitted. There is an appeal process that can be followed in the event that the 90 days are exceeded, or a denial is given.

Q11. I drove to a GFZ. What do I do?
A11. Nothing if you don’t exit your car such as picking up your child from school. However, if you must exit your vehicle to conduct some business, You may leave your loaded firearm in a case within your locked vehicle (glove box and console count as cases), or locked container out of plain view within the vehicle.  You may store your firearm in the trunk of a vehicle.

Q12. What if I drove a motorcycle to a GFZ?
A12. Motorcycles are vehicles too. You can store your loaded or unloaded firearm in a locked container out of plain site(ie within saddlebags) that is securely fastened to the motorcycle.

Q13. By mistake I entered into a GFZ while carrying. What do I do?
A13. Immediately exit the premises. No side trips. If you have a vehicle, you may lock the loaded firearm inside the vehicle, or inside a locked compartment in the vehicle, or unloaded it may be locked in the trunk and re-enter the GFZ to finish your business.

Q14. Nuclear facilities or other places prohibited by Federal Law.
A14. Sorry, leave your gun at home. Federal prohibition takes precedence.

Q15. Bars and Restaurants. Whats this 50% or more sales from alcohol thing?
A15. You are not expected to check the books of every place you go to dine. The law requires bars and restaurants above the 50% alcohol sales threshold to post accordingly. If bar or restaurant is not posted, then it is not a prohibited location.

Q16. Does this law make all personal firearm sales, without the use of a 3rd party (FFL), illegal?
A16. No.

Q17. Can you still transport unloaded and encased?
A17. Yes, the law doesn't change the current transport law for FOID card holders. If you don't have a CC license, you are by definition not a licensee under the act and thus the prohibitions cannot be applied to you. The law also preempts units of government from having stricter transportation laws than state statute.


Q18. Does the vehicle "Safe Harbor" override my employers ban on having a firearm in my vehicle in a company parking lot?
A18. The law allows LICENSEES to store a firearm in your vehicle despite a company policy to the contrary. However, it does not prevent them from taking some sort of action against you as an employee. If you are under a collective bargaining agreement, you should contact your union about how they plan on handling this in the grievance procedure and as a new subject of mandatory bargaining.

Q19. Will this new law allow me to carry while driving a company truck?
A19. No, the company policy will control that.

Q20. Cook County Forest Preserve.
A20. Grounds, buildings, parking lots, etc are all GFZ. However, you may still store a firearm in a vehicle as noted in Section 65, Paragraph ( b )

Q21. What about Forest Preserves outside of Cook County.
A21. You may lawfully carry at outdoor locations, trails, parking lots, and outdoor picnic pavilions within a Forest Preserve. Some buildings on Preserve property might possibly be posted because they serve as educational or administrative buildings. Check for signs.

Q22. Can I carry in Illinois on an out of state license until I get an Illinois license?
A. No.

Q23. What effect does the Illinois CC law have on my non-resident Utah license?
A. At present, no effect. Utah only requires that you have your home state license if your home state recognizes the Utah license. Illinois currently will not recognize any out of state licenses so you can apply for and renew a Utah license without the need to have an Illinois license.

Q24. If there is a prohibited entity on one side of a parking lot and a non-prohibited are on the other, can I carry loaded in the parking lot to the non-prohibited entity?
A24. Yes, the shared parking lot doesn’t preclude you from carrying. The only way you can’t carry loaded is if it is a dedicated parking lot for the prohibited entity which would have control. Then, you can carry unloaded/enclosed or leave the weapon in your car.

Q25. Must an applicant submit fingerprints, or perform a livescan?
A25. No. A completed application does not require fingerprints. However, there is an additional 30 days added onto the 90 day approval/denial period for applications submitted without fingerprints.

Q26. What is considered "concealed or partially concealed"?
A26 It means concealed from view - as in anyone looking at you or your vehicle can not tell you have a firearm on you or in your vehicle. The partially/mostly is a protection in the case of accidental exposure of the firearm.

Q. What states will recognize the IL carry license? TBD
http://handgunlaw.us...es/illinois.pdf


--------- Questions not yet answered ------------


Companion thread for discussion about the FAQ can be found here: http://illinoiscarry...showtopic=38462

Edited by Molly B., 14 June 2017 - 02:07 PM.
Updated with Q24

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