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Anyone else done this?


Paul Kirsey

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Anyone else have photos of their CCL on their smartphone? Of course having the actual card is best but if wallet ever stolen or forgotten I guess it's better than nothing. I guess it would depend on the LEO and how strictly he/she would choose to handle the situation but at least it's something.
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IANAL

And IMHO

 

The ccl is NOT a drivers license nor is it a auto insurance card.

 

(g) A licensee shall possess a license at all times the licensee carries a concealed firearm

 

Many peeps can read this 7 ways from heck and get 7 different replies.

But bottom line as an instructor i tell students to carry their card at all times.

The former threads are deeply archived by now but this was discussed over and over before, most "What If” scenarios were thrown out against the giant wall used here. Most if not all wouldn't stick!

 

I think the best i saw heard was something like this:

 

You might beat the rap.....but you wont beat the ride!

 

YMMV

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Let me ask a legalese guestion. What does posess mean?

Do I still posess my car even if I loan it to a friend.

Does the law saw or imply physically possessing the card on my person?

 

Under section 10 one is required to present the card, if requested by an investigating officer.

 

 

" (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

 

(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, or 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. 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. Upon the 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)".

 

I think that "at all times" indicates that the FCCL should be with the person. While it is true, we do not use that term in the examples you cite, e.g. "I own by car at all times".

While the officer might allow one to bring the license to the station the next day, or the charges could be dropped if the CCL is presented in court, there is nothing in the law that suggests it being handled that way.

 

In reference to the OP, the law does not say "picture of the FCCL". The license could have been suspended or revoked since the picture was taken.

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Let me ask a legalese guestion. What does posess mean?

Do I still posess my car even if I loan it to a friend.

Does the law saw or imply physically possessing the card on my person?

And away we go.
OMG, this is years old, DomG Im with you, get some popcorn!

 

If it weren't to be carried WITH you while carrying, then why issue the card, send a digital copy and run with that? And then there would be a cry that my phone/computer crashed and my copy is gone! Wa Wa

 

Here maybe this will prolong the movie and along with the popcorn we can have JUJU's and a large coke!

 

 

possess:verb, acquire, adfirmatio, assume ownership, be in possession of, be in receipt of, be seized of, come into possession of, command, control, devolve upon, enjoy, enter into possession, gain, gain for oneself, get, get as one's own, habere, have, have a deed for, have a title to, have absolute disposal of, have as property, have at one's command, have at one's disposal, have for one's own, have in hand, have rights to, hold, keep, maintain, monopolize, obtain, occupy, own, receive, retain, secure, seize, take possession, tenere

Associated concepts: lawfully possess, seized or possessed

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Let me present this. I now physically posess an expired ccl but the law recognizes it as being valid. Out of state police will most likely concidered it not valid. The Illinois state police date base states that my ccl is active thus valid.

What does the law state as a penalty for having an active valid ccl but not on your person at the time?

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Under section 10 one is required to present the card, if requested by an investigating officer.
Thereâs that pesky word OR you seem to be missing....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, OR 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.

 

In reference to the OP, the law does not say "picture of the FCCL". The license could have been suspended or revoked since the picture was taken.
Just as it might have been suspended or revoked after issuance....The officer has, at his means, the capability of independently determining validity...
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Let me present this. I now physically posess an expired ccl but the law recognizes it as being valid. Out of state police will most likely concidered it not valid. The Illinois state police date base states that my ccl is active thus valid.

What does the law state as a penalty for having an active valid ccl but not on your person at the time?

How many times does MollyB have to tell us, and maybe it was missed.

But when renewing your FOID /CCL the old held one is NOT invalid if it shows you have renewed before the expire date!

Even posted to the extent of having a copy of the "receipt” handy to give the LEO if needed.

They can see you are valid with a statute which states the card is valid if renewed before the expire date.

 

YES......they can see if you have a valid NOT on you CCL, but id rather NOT explain why I dont carry it than wait till after I’ve went through the whole ride process if thats what they choose!!!

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Under section 10 one is required to present the card, if requested by an investigating officer.

Thereâs that pesky word OR you seem to be missing....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, OR 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.

 

In reference to the OP, the law does not say "picture of the FCCL". The license could have been suspended or revoked since the picture was taken.
Just as it might have been suspended or revoked after issuance....The officer has, at his means, the capability of independently determining validity...

 

 

I do not understand your point on "or". If you inform an investigating officer that you are carrying, it is very likely that officer will insist on seeing your CCL.

You will not get any mileage claiming that you have already complied with one option of the "or" and do not have to comply with any others.

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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, OR present the license upon the request of the officer if he or she is a licensee

 

So if I'm out but not carrying and a cop stops me and asks do I have to show him my card even if I'm not carrying?

 

Sent from my SM-G955U using Tapatalk

 

 

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What does the law state as a penalty for having an active valid ccl but not on your person at the time?

UUW

 

Do you really believe this would fly with the officer knowing I have an active ccl?

 

How does the officer know you have a CCL if you don't have it with you? And even if he does, the law says to have it with you. Not having it with you is a violation. If you claim to have one, but not with you, you've just confessed to the violation. If the cop can verify it, maybe he'll exercise discretion, but maybe he won't. Should they always let UUWs go?

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I would like to think most LEs assuming it was a minor stop would be lenient with not having the card on your person. They can see on your record lookup via LEADS that you have an active CCL. Id definitely let the officer know I had a CCL initially anyway. The one interaction I had, he knew when he came up to me (I was already outside the car when he arrived) and asked if I had a gun with me never asking for my card. I was recently out for a couple of hours and on my way home realized I had left my wallet on the sofa. Not having the card on a stop did cross my mind.
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Similarly I have had *several* traffic stops and other various "professional" law enforcement interaction in the last 5 years, more than I can even think of attempting to total up right now! I can say one thing: I do not put my DL on my registrations so AFAIK they do NOT know just by running my tag (then DL) on their own prior to even approaching me. That being said, after being asked for my license (drivers), I always hear it come over their radio ~ "Comes back to a Shawn B* clear and valid, plus/and valid CCL". So they know, it will show up on their screen if that's what they're looking at, it will come back over the radio when they run your ID / DL 100% of the time. So they will know period. Are they within their right to ask you to see your CCL? Of course they are, especially if they're personally against "people" carrying then maybe they're trying to "catch you up" with a violation of the FCCA. However they obviously do not have to, since they can "verify" on their own by running your ID / DL.

 

That being said, in all of my countless LE interactions I have never been asked to see my actual physical CCL card! Most of the time it hasn't even came up (I just eavesdrop on their radio so I usually hear when it comes back "valid CCL")! I think all of two officers on two different occasions actually asked me if I was actually carrying at the moment... And the one was actually after I had thought we were done with our interaction (we were he had handed me my DL back and I was 'free to go'), he "doubled back" to my window since I hadn't yet left and very informally asked "are you packing" LOL - I think I may have been his first valid CCL interaction! Then after I said yes he just reiterated "have a good day" again and then continued back to his patrol car. :D

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Under section 10 one is required to present the card, if requested by an investigating officer.

 

Thereâs that pesky word OR you seem to be missing....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, OR 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.

 

In reference to the OP, the law does not say "picture of the FCCL". The license could have been suspended or revoked since the picture was taken.

Just as it might have been suspended or revoked after issuance....The officer has, at his means, the capability of independently determining validity...

 

 

 

 

I do not understand your point on "or". If you inform an investigating officer that you are carrying, it is very likely that officer will insist on seeing your CCL.

You will not get any mileage claiming that you have already complied with one option of the "or" and do not have to comply with any others.

 

Very likely? Is it?

Run a poll - ask those who have had LEO interactions how many have been requested to present their physical license.

I’m betting the results will surprise you — I think you’ll find it’s not likely at all.......

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For those of you pushing for a violation not having the card on your person.

Let look at a real possible situation.

You are out one evening making your last purchase. On the way to the car your billfold is unknowingly borrowed. On the drive home you are stopped for a moving violation.

How do you want this to go?

 

To keep the mind working.

How about a reported lost or stolen card. Does the ISP change one's statis from active to inactive or something similar?

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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, OR present the license upon the request of the officer if he or she is a licensee So if I'm out but not carrying and a cop stops me and asks do I have to show him my card even if I'm not carrying? Sent from my SM-G955U using Tapatalk

 

I wouldn't think so. I can't carry at work, so I don't carry 5 days a week. My license stays with my firearm, so I don't have it on me if I'm not carrying. If a cop asked me to produce my CCL during that time, he'd be SOL.

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For those of you pushing for a violation not having the card on your person.

Let look at a real possible situation.

You are out one evening making your last purchase. On the way to the car your billfold is unknowingly borrowed. On the drive home you are stopped for a moving violation.

How do you want this to go?

To keep the mind working.

How about a reported lost or stolen card. Does the ISP change one's statis from active to inactive or something similar?

Happened to me January of 2017. Both FOID and CCL were taken with my wallet. It took longer to have the stolen cards replaced than it did to get my original CCL. It was recommended by ISP that I not carry while waiting for the replacement cards. I’m not certain, but I believe my status remained Active.

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