Molly B. Posted May 30, 2013 at 03:25 PM Share Posted May 30, 2013 at 03:25 PM proposed Cook Co. Carry ordinance if we go over the cliff - sorry for the long post, couldn't get the pdf to upload. NEW ITEM #4Submitting a Proposed Ordinance sponsored byLARRY SUFFREDIN, County CommissionerTHE CONCEALED FIREARM SAFETY ORDINANCEBE IT ORDAINED, by the Cook County Board of Commissioners, that Chapter 54 Licenses, Permits,and Miscellaneous Business Regulations Article XI. The Concealed Firearms Safety Ordinance, Sections54 –396 through 54 – 411 of the Cook County Code are hereby enacted as follows:Sec. 54 -- 396. General Purpose. The purpose of this ordinance, pursuant to the County of Cook homerule power conferred under Article VII, Section 6 of the Illinois Constitution of 1970, is to establishconceal carry licenses, restricted areas to carry a concealed firearm and a revocation process for concealcarry license within Cook County. This ordinance will only go into effect on June 10, 2013 if the IllinoisGeneral Assembly fails to pass a conceal carry license as ordered by the 7th Circuit Court of Appeals inMoore v. Madigan and will remain in effect until and unless a court grants a stay of or overturns the 7thCircuit’s mandate. This ordinance will grant authority to the Cook County Sheriff to issue conceal carrylicenses to authorized persons.Sec. 54 – 397. Definitions. The following definitions “Concealed firearm” means a loaded or unloadedhandgun carried on or about a person completely from view of the public, or carried in a vehicle in such away it is concealed from view of the public.“Sheriff” means the Cook County Sheriff’s Office.“Fund” means the Cook County Public Safety Fund.“Handgun” means any device which is designed to expel a projectile or projectiles by the actionof an explosion, expansion of gas, or escape of gas that is designed to be held and fired by the use of asingle hand, and includes a combination of parts from which that firearm can be assembled. “Handgun”includes, but is not limited to, magazines, ammunition, laser sighting devices and other accessories thatwould be intrinsic to a handgun carried for defensive purposes. “Handgun” does not include a stun gun ortaser.“License” means a license issued by the Cook County Sheriff’s Office to carry a loaded orunloaded handgun.“Licensee” means a person issued a license to carry a concealed firearm.“Peace Officer” means (i) any person who by virtue of his or her office or public employment isvested by law with a duty to maintain public order and to make arrests for offenses, whether that dutyextends to all offenses or is limited to specific offenses, or (ii) any person who, by statute, is granted andauthorized to exercise powers similar to those conferred upon any peace officer employed by a lawenforcement agency of this State. The term “peace officer” does not apply to an alderman acting as aconservator of the peace under Section 3.1-15-25 of the Illinois Municipal Code or any other electedofficial acting as conservator of the peace under Illinois law.Sec. 54 – 398. Cook County Public Safety Fund. Fees from applications for licenses shall be depositedinto the Cook County Public Safety Fund.Sec. 54 – 399. Issuance of licenses to carry a concealed firearm.(a) Sheriff may issue a license to an applicant who:(1) Meets the qualifications of Section 54—400.(2) Has provided the application and documentation required in Section 54—401; andpage 9NEW ITEMS AGENDAMeeting of May 8, 2013(3) Has submitted the requisite fee. The Sheriff shall issue a renewal, corrected, or duplicatelicense in accordance with this ordinance.(a-5) A license shall permit the licensee to:(1) Carry concealed a loaded or unloaded handgun on or about his or her person;(2) Keep or carry a loaded or unloaded handgun on or about his or her person when in a vehicle;and(3) Keep a loaded or unloaded handgun concealed in a vehicle.(a-10) A license issued by the Sheriff under this Ordinance shall be valid throughout the County.(a-15) A licensee shall possess a license at all times the licensee carries a concealed firearm except:(1) If the person is carrying or possessing a concealed firearm and the person is on his or herland, or in his or her abode or legal dwelling, or in the abode or legal dwelling of anotherperson, including private property open to the public, as an invitee with that person’spermission to carry or possess a firearm in the abode or dwelling;(2) If the person is authorized to carry a firearm under Section 24-2 of the Criminal Code of2012; or(3) The handgun is broken down in a non-functioning state, or is not immediately accessible, oris enclosed in a case, firearm carrying box, shipping box or any other container.(a-20) A licensee shall display the license upon the request of a peace officer or person designated toenforce the provisions of Section 54—407 or 54—400 when carrying a handgun under the provisions ofthis Ordinance.( The Sheriff shall make applications for a license available no later than 90 days after the effective dateof this Ordinance. Applications shall be available at Sheriff’s Offices, on the Sheriff’s official website,and any other location designated by the Sheriff.© A completed application for a license shall be submitted to the Sheriff’s Office with all accompanyingmaterials and fees. The Sheriff shall promptly return an incomplete application to the applicant. Eachapplicant for a license shall submit a $300 application fee to the Department, $70 of which shall bedeposited into the Cook County Public Safety Fund.(d) The Sheriff’s Office shall notify the municipal police department in the municipality where anapplicant resides of the name, address, and date of birth of any person submitting an application for alicense. The municipal police department may submit to the Sheriff an objection to an application,provided the objection is in writing, and includes specific reasons for the objection. Any objectionsubmitted by a municipal police department, including reports submitted to the Sheriff must be disclosedto the applicant unless disclosure would interfere with a criminal investigation.(e) The Sheriff may consider any objection or recommendation made by a municipal police departmentand may determine the application ineligible based solely on those objections. If the applicant is found bythe Sheriff to be ineligible, the Sheriff shall deny the application and notify the applicant and themunicipal police department in writing, stating the grounds for denial. The notice of denial must informthe applicant that he or she may, within 90 days, appeal the denial and submit additional materialsrelevant to the grounds for denial. Upon receiving the additional documentation, the Sheriff shallreconsider his or her decision and inform the applicant within 90 days of the result of the reconsideration.If upon reconsideration the Sheriff denies the application, the applicant must be informed of the right toadministrative review.(f) A license shall be valid for a period of 5 years.page 10NEW ITEMS AGENDAMeeting of May 8, 2013Sec. 54 – 400. Qualifications of an applicant for a license.The Sheriff shall issue a license to an applicant completing an application in accordance with Section 54 –401 of this Ordinance if the applicant demonstrates to the satisfaction of the Sheriff that he or she has:(a) Is at least 21 years of age;( Has a valid Firearm Owner’s Identification Card;© Resides within the County of Cook;(d) Is a responsible person of good moral character and that the issuance of the license to the applicant isconsistent with public safety.(e) A demonstrated need for protection.(f) Has not been convicted of a misdemeanor involving the use or threat of physical force or violence toany person, a misdemeanor crime of domestic violence or a misdemeanor involving the manufacture,sale, carrying, possession, or use of a firearm, dangerous weapon, deadly weapon, or ammunition;(g) Is not the subject of a pending arrest warrant, prosecution or proceeding for an offense or action thatcould lead to disqualification;(h) Does not chronically and habitually abuse drugs or alcoholic beverages as evidenced by the applicanthaving 2 or more convictions for violating Section 11-501 of the Illinois Vehicle Code or similarprovision of a local ordinance within 5 years preceding the date of the application, or if the applicanthas elected treatment under the supervision of a licensed program in accordance with the Alcoholismand Other Drug Abuse and Dependency Act or similar laws of any other state, within 5 yearspreceding the date of the application;(i) Has completed a 40 hour firearms training and education course from a licensed instructor within the90 days preceding the date of application.(j) Possesses the same powers of eyesight as required for a driver’s license under Section 6-109 of theIllinois Vehicle Code;(k) Has not within the preceding 5 years, been the respondent to An order of protection or civil stalkingno contact order or similar law of another jurisdiction;(l) Has not been arrested 3 times within the past 7 years for any combination of gang-related offenses.Sec. 54 – 401. Contents of the application. The application shall be in writingunder oath oraffirmation and under penalty of perjury, on a standard form adopted by the Sheriff and shall beaccompanied by the documentation required in this section and all applicable fees.(a) The application shall contain the following information:(1) The applicant’s name, current address and phone number, gender, date and year of birth,place of birth, height, weight, hair color, eye color, maiden name or any other name theapplicant has used or identified with, and any address at which the applicant resided morethan 30 days within the 5 years preceding the date of the application;(2) The applicant’s driver’s license or state identification card and the last 4 digits of theapplicant’s social security number;(3) Proof that the applicant is a resident of Cook County and has been a resident for at least theprevious 30 days as evidenced by information provided under (a)(1) of this subsection;(4) Questions to certify or demonstrate the applicant has completed the firearms training andeducation required in Section 54 – 400 of this Ordinance;(5) Whether the federal government or a governmental entity in any state or subdivision of anystate has denied or revoked the applicant’s license, permit, registration, or certificatepertaining to any firearm, and if so, the jurisdiction, the identifying number of the licensepermit, registration, or certificate, the reason for denial or revocation, and the date of denialor revocation;(6) Whether the applicant has failed a drug test within the preceding 5 years, and if so, theprovider of the test, the specific substance involved, and the date of the test;(7) Whether the applicant has ever been prohibited by law from purchasing, possessing, orcarrying a firearm, and if so, the jurisdiction, the date, and the reason for the prohibition;(8) Whether the applicant has been suspended or expelled from a post-secondary educationalinstitution, such as a college, or university, because of suspected mental illness or violentbehavior, and if so, the name of the school, the date, and the reason for the suspension orexpulsion;(9) A waiver of privacy and confidentiality rights and privileges of the applicant under all federaland State laws, including those governing access to juvenile court, criminal justice,psychological, or psychiatric records, or records relating to the applicant’s history, if any, ofinstitutionalization or inpatient treatment for alcoholism or alcohol detoxification, as well asaffirmative request that any person having custody of those records provide copies of them orinformation concerning them to the Sheriff for the sole purpose of making a determination ofan applicant’s eligibility under Section 54 – 400;(10) An affirmation that the applicant possesses a currently valid Illinois Firearm Owner’sIdentification Card;(11) An affirmation that the applicant has never been convicted in this State or any other Stateof:(A) A felony;( A misdemeanor involving the use or threat of physical force or violence to anyperson;© A misdemeanor involving the use, possession, or distribution of a controlledsubstance or cannabis within the 10 years preceding the date of the application; or(D) A misdemeanor involving the manufacture, sale, carrying, possession, or use of afirearm, dangerous weapon, deadly weapon, or ammunition;(12) An affirmation that the applicant meets the requirement of Section 54 -- 400 and is notprohibited under State or federal law from possessing a firearm;(13) A conspicuous warning that a false statement made by the applicant will result inprosecution for perjury in accordance with Section 32-2 of the Criminal Code of 2012;(14) An affirmation that the applicant has read and understands Article 7 of the Criminal Codeof 2012;(15) A written agreement that, if the person is approached by a peace officer while carrying aconcealed firearm under the license, the person will immediately inform the officer that he orshe is in possession of a firearm and a license to carry a concealed firearm, and will submitto a pat down search and allow the officer to take possession of the firearm for the duration ofthe encounter;(16) Proof that the applicant possesses the same powers of eyesight as required for a driver’slicense under Section 6-109 of the Illinois Vehicle Code; and if the applicant does not possessa current Illinois driver’s license, the applicant may present a current optometrist’s orophthalmologist’s statement certifying the vision reading obtained from the applicant; andpage 12NEW ITEMS AGENDAMeeting of May 8, 2013(17) A letter of necessity signed by the applicant establishing the reason the applicant needs aconcealed firearm license. The letter shall contain written answers to the following questionsin order to establish the personal safety reasons the applicant seeks the license;© A person applying for a license shall provide a head and shoulder color photograph in a size specifiedby the Sheriff that was taken within the 30 days preceding the date of the application. The applicant shallconsent to the Sheriff reviewing and using the applicant’s digital driver’s license or Illinois IdentificationCard photograph and signature, if available. The Secretary of State shall allow the Sheriff access to thephotograph and signature for the purpose of identifying the applicant and issuing the applicant a license.(d) Each applicant for a license shall have his or her fingerprints submitted to the Department of StatePolice in an electronic format that complies with the form and manner for requesting and furnishingcriminal history record information as prescribed by the Department of State Police. These fingerprintsshall be checked against the Department of State Police and Federal Bureau of Investigation criminalhistory record databases now and hereafter filed. The Sheriff shall charge applicants a fee for conductingthe criminal history records check, which shall be deposited in the Cook County Public Safety Fund andshall not exceed the actual cost of the records check. Fingerprinting of an applicant may be administeredby the Sheriff or any other federal, State, or municipal law enforcement agency.(e) A person applying for a license shall submit a photocopy of a certificate or other evidence ofcompletion of a firearms training and education course within 90 days of the date of application to showcompliance with Section 54 – 400 of this Ordinance.(f) The Sheriff is authorized to establish a system for electronically submitting applications, includingapplications for renewal or a replacement license.Sec. 54 – 402. Investigation of an applicant. The Sheriff shall complete a background check on anapplicant for a license to carry a concealed firearm to ensure compliance with the requirements of thisordinance and any federal or State laws, and local ordinances. The background check shall include asearch of the following:(a) The National Instant Criminal Background Check System of the Federal Bureau of Investigation;( Any available State and local criminal history record information files, including records of juvenileadjudications;© Any available federal, State, and local records regarding wanted persons;(d) Any available federal, State, and local records of domestic violence restraining and protective orders;(e) Any available federal, State, and local records identifying persons who are unlawful users of oraddicted to any controlled substance as defined in Section 802 of Title 21 of the United States Code;(f) The files of the Department of Human Services relating to mental health and developmentaldisabilities; and(g) Any other available files of any federal, State, local agency, and other entity (private or public) in anyjurisdiction likely to contain information relevant to whether the applicant is prohibited frompurchasing or possessing a firearm under federal or State law, or local ordinance.Sec. 54 – 403. Database of applicants and licensees.(a) Not more than 2 years after the effective date of this ordinance:(1) The Sheriff’s Office shall maintain a database of applicants for a license and licensees. Thedatabase shall be available to all Illinois law enforcement agencies, State’s Attorneys, and theAttorney General. Members and staff of the judiciary may access the database for the purpose ofdetermining whether to confiscate a license or to ensure compliance with this Ordinance or anyother law. The database shall be searchable and provide all information included in thepage 13NEW ITEMS AGENDAMeeting of May 8, 2013application, a photo of the applicant or licensee, and any information related to violations of thisOrdinance.(2) The Sheriff’s Office shall make available on its website and upon request under the Freedom ofInformation Act statistical information about the number of licenses issued by municipality, age,race, or gender. The report shall be updated quarterly. Except as provided in this subsection,applications and information in the database shall be confidential and exempt from disclosureunder the Freedom of Information Act. The Sheriff’s Office may answer requests to confirm ordeny whether a person has been issued a license as part of inquiries dealing with a criminalinvestigation. Individual law enforcement agencies, State’s Attorneys, the Attorney General,members of the judiciary, and judicial staff shall sign a confidentiality agreement, prepared by theSheriff’s Office, prior to receiving access to the database. No law enforcement agency, State’sAttorney, the Attorney General, or member of staff of the judiciary, other than the Sheriff’sOffice, shall provide any information to a requestor not entitled to it by law, except as required ornecessary for the conduct of a criminal investigation.( Individual law enforcement agencies or any other entity of local government shall not maintain anyseparate records, lists, or searchable databases of applicants and licensees containing information includedin the Sheriff’s database.Sec. 54 – 404. Suspension or revocation of a license.(a) A license issued or renewed under this Ordinance shall be revoked if, at any time, the licensee isfound ineligible for a license based on the criteria set forth in Section 54 – 400 of this ordinance orthe licensee no longer possesses a Firearm Owner’s Identification Card. A licensee shall not berevoked unless the revocation is for reasons specifically authorized by this Ordinance. Thissubsection shall not apply to a person who has filed an application with the State Police for renewalof a Firearm Owner’s Identification Card and who is not otherwise ineligible to obtain a FirearmOwner’s Identification Card.( A license shall be revoked if an order of protection under Section 112A-14 of the Code of CriminalProcedure of 1963 or under Section 214 of the Illinois Domestic Violence Act of 1986 is issuedagainst a licensee. The license shall be suspended for the duration of the order or until the order isterminated. If an order of protection is issued against a licensee, the licensee shall surrender thelicense, as applicable, to the court at the time the licensee is entered or to the law enforcement agencyor entity designated to serve process at the time the licensee is served the order. The court, lawenforcement agency, or entity responsible for serving the order shall transmit the license to theSheriff’s Office.© The Sheriff’s Office may suspend a license for a violation of Section 54 – 407.(d) A license shall be invalid upon expiration of the license, unless the licensee has submitted anapplication to renew the license. A person who fails to renew his or her license within 6 months afterits expiration must reapply for a new license and pay the fee for a new application.page 14NEW ITEMS AGENDAMeeting of May 8, 2013(e) The Sheriff may suspend a license for up to 90 days if a licensee fails to submit a change of addressor name or fails to report a lost or destroyed license to the Sheriff within 30 days of the discovery ofthe loss or destruction of the license.(f) Every person whose concealed carry license is suspended or revoked shall immediately return his orher concealed carry license to the Cook County Sheriff. If revocation is based on a FOID cardbecoming invalid, the person shall also return the FOID card and provide an accounting of allweapons owned. Failure to return the license is a business offense with a minimum fee of $100. Anyperson found carrying a concealed firearm after suspension or revocation of his or her license shall besubject to prosecution under Article 24 of the Criminal Code of 2012 for unlawful use of weapons.Sec. 54 – 405. Renewal of License.(a) Not later than 120 days before the expiration of any license issued under this Ordinance, the Sheriffshall notify the licensee in writing of the expiration and furnish an application for renewal of thelicense or make the application available on-line.( Applications for renewal of a license shall be made to the Sheriff. A license shall be renewed for aperiod of 5 years upon receipt of a completed renewal application and a $100 renewal fee. Therenewal application shall contain the information required in Section 54 -- 401, except that theapplicant need not resubmit a full set of fingerprints. Each applicant for a renewal shall submit, on aform prescribed by the Sheriff, proof that the applicant has:(1) Successfully completed an equivalent range exercise as prescribed in Section 54 – 401and certified to by an instructor qualified under Section 54 – 410 or a certified law enforcementinstructor, or(2) Successfully completed firearm instructor training under Section 54 – 410.© The Sheriff shall make the range recertification form available on its website or as part of a renewalapplication.Sec. 54 – 406. Change of address, change of name, or lost or destroyed licenses.(a) The licensee shall notify the Sheriff within 30 days of: (i) moving or changing a residence or anychange of name; or (ii) the discovery of the loss or destruction of a license.( The licensee shall immediately notify the Sheriff if moving outside of the County of Cook.© If a licensee changes residence within this County or changes his or her name, the licensee shallrequest a new license. The licensee shall submit a $50 fee, a notarized statement that the licensee haschanged residence or his or her address or name.Sec. 54 – 407. Restrictions.(a) No license issued under this ordinance shall authorize any person to knowingly carry a concealedfirearm into:(1) Any building or office under the control of the State of Illinois, Governor, LieutenantGovernor, Attorney General, Secretary of State, Comptroller, or Treasurer.page 15NEW ITEMS AGENDAMeeting of May 8, 2013(2) Any building under the control of the State, General Assembly, General Assembly supportservice agency, including a building in which a committee of the General Assembly convenesfor the purpose of conducting meetings of committees, joint committees, legislativecommissions, and any property or parking lot area under control of the General Assemblythat is adjacent to or near a prohibited building in this Section.(3) All county facilities including clinics and hospitals under the Cook County Health andHospital System.(4) Any courthouse or part of that building that is occupied by the Circuit, Appellate, or SupremeCourt, or a room designated for court proceedings by any of these courts, except as providedin subsection ( or this Section.(5) Any meeting of the governing body of a unit of local government or special district.(6) Any building, adjacent property or parking lot area under the control of or owned by anyestablishment that maintains a retail liquor license as provided in subsection (d) of Section 5-1 of the Liquor Control Act of 1934 and allows for the sale and consumption of alcoholicbeverages on its premises as an on premise consumption retailer.(7) Any secure area of an airport to which access is controlled by the inspection of persons andproperty.(8) Any place where the carrying of a firearm is prohibited by federal law.(9) Any preschool, elementary school, or secondary school or any portion of any school buildingthereof; or any school property surrounding a preschool, elementary school, or secondaryschool building, including but not limited to sidewalks and parking lot areas adjacent to ornear preschool, elementary school, or secondary school property.(10) Any portion of a building used as a child care facility, or any adjacent property or parkinglot area under control of or owned by a child care facility. Nothing in this paragraph (9) shallprevent the owner or operator of a child care facility in a family home from owning orpossessing a firearm or license, so long as the firearm is stored, unloaded, in a lockedcontainer.(11) Any gaming facility or any adjacent property or parking lot area under control of or ownedby a gaming facility licensed under the Riverboat Gambling Act or the Horse Racing Act of1975.(12) Any gated area of an amused park, or any adjacent property or parking lot area undercontrol of or owned by an amusement park.page 16NEW ITEMS AGENDAMeeting of May 8, 2013(13) Any stadium, arena, or collegiate or professional sporting event, or any adjacent propertyor parking lot area under the control of or owned by a facility where carry is prohibited underthis paragraph (12).(14) Any hospital or mental health facility, or onto any adjacent property or parking lot areaunder the control of or owned by a hospital or mental health facility.(15) Any library, public museum or cultural institution or onto any adjacent property or parkinglot area under the control of or owned by a library, public museum or cultural institution.(16) Any police, Sheriff, or State Police office or station without the consent of the chief lawenforcement officer in charge of that office or station.(17) Any adult or juvenile detention or correctional institution, prison, or jail.(18) Buses, trains, or any form of transportation paid for in part or whole with public funds,any private, charter or parochial school bus and any transportation facility and thesurrounding premises under its control.(19) Any polling place on any election day.(20) Any building owned, leased, or controlled by a municipality or any building or propertyowned, leased or controlled by a school district unless authorized by a majority vote ofmembers of its governing board. Nothing in this paragraph shall prohibit a licensee fromcarrying a concealed firearm on any sidewalk, on any highway or roadway, in any publicrestroom, or rest stop.(21) Any property (including but not limited to any street, driveway, or parking lot), buildingor facility owned, leased, controlled, or used by a nuclear energy, storage, weapons, ordevelopment site or facility regulated by the federal Nuclear Regulatory Commission.(a-5) Nothing in this Ordinance shall preempt, abridge, limit, or diminish the authority of communitycolleges, and public and private colleges and universities from prohibiting, restricting or otherwiseregulating firearms on their campuses, grounds and other property, including but not limited to sidewalks,commons, and highways, owned by the community college or public or private college or university or inbuildings used in whole or in part for housing, classrooms, laboratories, medical clinics, hospitals, andartistic, athletic and entertainment venues; or on or in property owned, controlled or leased by officiallyrecognized student organizations or officially recognized university-related organizations.( Judges, State’s Attorneys, and assistant State’s Attorneys with the permission of the State’s Attorney,who possess a valid license under this Act may possess a firearm in any courthouse in which they areemployed, but shall be required to follow any rules applicable to sworn peace officers to maintainfacility security.page 17NEW ITEMS AGENDAMeeting of May 8, 2013© The owner, manager, or operator of a building or of a business or a commercial lessee, or a privatebusiness enterprise, or any other private organization, entity, or person, may prohibit licensees fromcarrying a concealed firearm on the premises, including buildings, parking lots, or other propertyunder its control.(d) Any person licensed under this Ordinance who is prohibited from carrying a concealed firearm into abuilding by the provisions of subsection (a) or under a resolution, or policy adopted in accordancewith subsection (a-5) or © shall be permitted to store that firearm or ammunition out of plain sight inhis or her locked vehicle or in a locked compartment or container within or securely affixed to theoutside of the vehicle. A licensee shall not be in violation of this Section while he or she is traversinga public right of way that touches or crosses any of the premises specified in subsection (a) or fromwhich firearms are prohibited under the provisions of subsection (a-5) or ©, provided that thefirearm is carried on his or her person or in a vehicle in accordance with this Ordinance or is beingtransported in a case or container in accordance with applicable law. A licensee shall not be inviolation of subsection © if the responsible party for the premises fails to conspicuously post noticeof the prohibition at all public entrances to the building in accordance with subsection (g).(d-5) A license to carry a concealed firearm issued or renewed under this Ordinance may include anyadditional reasonable restrictions or conditions which the Sheriff deems warranted, including restrictionsas to the time, place, manner and circumstances under which the person may carry a firearm.(e) If a law enforcement officer initiates an investigative stop, including but not limited to a traffic stop,of a licensee who is carrying a concealed firearm, the licensee shall immediately disclose to theofficer that he or she is in possession of a concealed firearm under this Ordinance. The licensee shallcomply with all lawful orders and directions from the officer. For the safety of the officer and thepublic, the officer may conduct a pat down of the licensee and take possession of the firearm for theduration of the encounter.(f) A licensee shall not carry a handgun under the provisions of this Ordinance while under the influenceof controlled substances, hallucinogenic drugs, any prescribed medication that causes impairment, oralcohol. For purposes of this subsection (f), “under the influence of alcohol” means a blood alcoholcontent of .08 or greater.(g) Signs stating that the carrying of a firearm is prohibited shall be clearly and conspicuously posted atevery entrance of a building or premises specified in subsection (a) or designated in accordance withsubsection (a-5) or ©. Signs shall be of uniform size and design, not smaller than 8 inches by 10inches as prescribed by the Sheriff’s Office. The Sheriff’s Office shall adopt rules for standardizedsigns to be used under this subsection.(g-5) A licensee shall only carry a concealed firearm similar to the firearm that he or she trained underSection 54 – 400.(h) Penalties.(1) For any violation of subsection (a), (, (d), (e), or (f), the Sheriff may suspend the license forone year. For any 2 violations the Sheriff may permanently revoke the license.page 18NEW ITEMS AGENDAMeeting of May 8, 2013Sec. 54 – 408. Immunity from liability.The Cook County Sheriff, or any employee or agent of the Cook County Sheriff, shall not be liable fordamages in any civil action arising from alleged wrongful or improper granting, renewing, revoking, orfailing to revoke licenses issued under this ordinance, except for willful or wanton misconduct. TheSheriff, or any employee or agent of the Sheriff, shall not be liable for submitting specific or articulablereasons why an applicant should be denied a license, unless the objection contains false, malicious, orinaccurate information and the objection constitutes willful and wanton misconduct.Sec. 54 – 409. Fees.(a) Fees collected under this ordinance by the Sheriff and deposited into the Cook County PublicSafety fund, shall be appropriated for administration of this Ordinance.( Fees shall be:(1) New license: $300(2) Renewal of license: $100(3) Duplicate license due to lost, destroyed or change of address: $50.Sec. 54 – 410. Applicant training.(a) Applicants shall provide proof of completion of a firearms training course that consisted of atleast 40 hours of instruction in a course approved by the Illinois Law Enforcement Training andStandards Board that contained the following topics:(1) Handgun safety in the classroom, at home, on the firing range, and while carrying thefirearm.(2) The basic principles of marksmanship.(3) Care and cleaning of handguns.(4) Laws relating to the justifiable use of force as prescribed in article 7 of the Criminal Codeof 2012.(5) The requirements of this ordinance.(6) Laws relating to the Firearm owners Identification Act, 430 ILCS 65/1 et seq. and 18U.S.C. 921 through 930.( Applicants shall provide proof of certification by a certified instructor that the applicant passed alive fire exercise with a handgun consisting of:(1) A minimum of 30 rounds; and(2) Ten rounds from a distance of 5 yards, 10 rounds from a distance of 7 yards, and 10rounds from a distance of 10 yards at a B-21 silhouette or equivalent target.© Applicants shall be trained and qualify on any firearm they seek to carry concealed. During thefirearm safety training course, the applicant must satisfactorily demonstrate to the instructor thesafe handling of each firearm the applicant seeks to carry concealed, including demonstrating theproper loading and unloading of the handgun.(1) Laws relating to firearms as prescribed in this course consisted of at least 40 hours ofinstruction.page 19NEW ITEMS AGENDAMeeting of May 8, 2013Sec. 54 – 411. Severability.If any section, subsection, paragraph, sentence or clause of this article or the application thereof to anyperson is for any reason deemed to be invalid or unconstitutional, such decision shall not affect, impair orinvalidate any remaining section, subsection, paragraph, sentence or clause hereof or the application ofthis article to any other person.Effective Date. This ordinance shall take effect only in the event that the Illinois General Assembly doesnot pass a conceal carry weapons law before June 9, 2013 or the 7th United States Supreme Court does notgrant the State of Illinois an extension under Moore v. Madigan. This ordinance will only go into effecton June 10, 2013 if the Illinois General Assembly fails to pass a conceal carry law consistent with the 7thCircuit Court of Appeals mandate in Moore v. Madigan and will remain in effect until and unless a courtgrants a stay of or overturns the 7th Circuit’s mandate.______________________ Link to comment Share on other sites More sharing options...
MrMonarch Posted May 30, 2013 at 03:29 PM Share Posted May 30, 2013 at 03:29 PM So you're saying I should move to Manhattan.........got it. Link to comment Share on other sites More sharing options...
Professor Wheezy Posted May 30, 2013 at 03:30 PM Share Posted May 30, 2013 at 03:30 PM Yeah, I see this stadning up to a court challenge.May Issue w/ demonstrated need$30040 Hours of Training Link to comment Share on other sites More sharing options...
BixBix78 Posted May 30, 2013 at 03:30 PM Share Posted May 30, 2013 at 03:30 PM Notice the date may 8th Link to comment Share on other sites More sharing options...
powderhead Posted May 30, 2013 at 03:30 PM Share Posted May 30, 2013 at 03:30 PM Well, they have put a whole lot of planning into going over the cliff, so it appears they know something we don't. Link to comment Share on other sites More sharing options...
AlphaKoncepts aka CGS Posted May 30, 2013 at 03:30 PM Share Posted May 30, 2013 at 03:30 PM So this will be MY carry bill when we fall off the cliff. Just great. sheriff may issue - need for safety is demonstrated license display upon request 40 hours of training!!! I gave up reading. Link to comment Share on other sites More sharing options...
moon Posted May 30, 2013 at 03:31 PM Share Posted May 30, 2013 at 03:31 PM Bunch of garbage. Had to stop reading about 1/5th the way down. Link to comment Share on other sites More sharing options...
Patriots & Tyrants Posted May 30, 2013 at 03:31 PM Share Posted May 30, 2013 at 03:31 PM So its 183 but just a touch worse?Swell. So this will be MY carry bill when we fall off the cliff. Just great. sheriff may issue - need for safety is demonstrated license display upon request 40 hours of training!!! I gave up reading. Don't forget having to submit to a pat down, what kind of crap is this? "Don't grab my junk bro!" This is pure and simple croney carry, pay the money and take the several thousand dollar class only to be denied because you cannot prove you are in danger. Link to comment Share on other sites More sharing options...
jagt48 Posted May 30, 2013 at 03:32 PM Share Posted May 30, 2013 at 03:32 PM 40 hours and $300 along with a "demonstrated need" to possess the license? There is that "adjacent" and "public funds" wording as well. What a load of garbage. Link to comment Share on other sites More sharing options...
cshipley92 Posted May 30, 2013 at 03:34 PM Share Posted May 30, 2013 at 03:34 PM More "may issue" bs. The Sheriff shall issue a license to an applicant completing an application in accordance with Section 54 –401 of this Ordinance if the applicant demonstrates to the satisfaction of the Sheriff that he or she has:(a) Is at least 21 years of age;( Has a valid Firearm Owner’s Identification Card;© Resides within the County of Cook;(d) Is a responsible person of good moral character and that the issuance of the license to the applicant isconsistent with public safety.(e) A demonstrated need for protection. Living in Cook county should cover that one, right? 40 hours of training WITHIN the last 90 days prior to the application. and the list of prohibited places is exhaustive. :Angry!: :Angry!: When are they going to realize we aren't like the sheeple that vote for them. We won't be fooled by a law that is a carry law only in title. Link to comment Share on other sites More sharing options...
Jeffrey Posted May 30, 2013 at 03:34 PM Share Posted May 30, 2013 at 03:34 PM DTI Link to comment Share on other sites More sharing options...
lightforce1911 Posted May 30, 2013 at 03:34 PM Share Posted May 30, 2013 at 03:34 PM AHHAHAHA wow they really dont want u to carry Link to comment Share on other sites More sharing options...
wazzle Posted May 30, 2013 at 03:34 PM Share Posted May 30, 2013 at 03:34 PM Wow, what is it with these 100+ page documents. Link to comment Share on other sites More sharing options...
Patriots & Tyrants Posted May 30, 2013 at 03:35 PM Share Posted May 30, 2013 at 03:35 PM Not to beat the dead horse but how the heck is anyone supposed ot know if an adjacent property houses the office of some Alderman, rep, state senators, campaign office etc? This applies to 183 too if memory serves. IMO Won't stand up to the court, they are not even trying to comply.I understand, they are anti gun, they don't want people to carry but they are going into this dumb if they want to avoid another court battle that they can't/wont win. If I was an anti gunner, and in a position of power I would propose that Cook County allow unlicenced OC with a FOID card but WITH that list of prohibited places. Then you just get the CCSP and ISP to harass the heck out of carriers to all but eliminate those who OC from doing so. That way the may issue ban on CC might stand up better in the courts. Link to comment Share on other sites More sharing options...
d38runner Posted May 30, 2013 at 03:38 PM Share Posted May 30, 2013 at 03:38 PM That would never stand up in court. I would hope that if it ever got passed, someone (SAF, ISRA) would seek an immediate injunction to stop its enforcement. Link to comment Share on other sites More sharing options...
Elderberry Posted May 30, 2013 at 03:38 PM Share Posted May 30, 2013 at 03:38 PM Notice the date may 8th I hope no one seriously thought these "people" would just sit around and wait until June 9th to see what happens and then, if nothing happened, sit down and write a bill.... I think it's great. It establishes their mind set and intent in the event the state fails to pass a bill. I would guess this document could be pretty handy to have in a court case some day.... Link to comment Share on other sites More sharing options...
cls74 Posted May 30, 2013 at 03:38 PM Share Posted May 30, 2013 at 03:38 PM It's a may shall issue? Kind of conflicting Sec. 54 – 399. Issuance of licenses to carry a concealed firearm.(a) Sheriff may issue a license to an applicant who:(1) Meets the qualifications of Section 54—400.(2) Has provided the application and documentation required in Section 54—401; Vs. Sec. 54 – 400. Qualifications of an applicant for a license.The Sheriff shall issue a license to an applicant completing an application in accordance with Section 54 –401 of this Ordinance if the applicant demonstrates to the satisfaction of the Sheriff that he or she has: Link to comment Share on other sites More sharing options...
Patriots & Tyrants Posted May 30, 2013 at 03:39 PM Share Posted May 30, 2013 at 03:39 PM That would never stand up in court. I would hope that if it ever got passed, someone (SAF, ISRA) would seek an immediate injunction to stop its enforcement. I am sure that you have multiple lawyers waiting to see what happens in the next few days. Link to comment Share on other sites More sharing options...
C0untZer0 Posted May 30, 2013 at 03:39 PM Share Posted May 30, 2013 at 03:39 PM It may be maneuvering to put pressure on gun owners to accept HB183 Link to comment Share on other sites More sharing options...
BixBix78 Posted May 30, 2013 at 03:41 PM Share Posted May 30, 2013 at 03:41 PM Notice the date may 8th I hope no one seriously thought these "people" would just sit around and wait until June 9th to see what happens and then, if nothing happened, sit down and write a bill.... I think it's great. It establishes their mind set and intent in the event the state fails to pass a bill. I would guess this document could be pretty handy to have in a court case some day.... Exactly Link to comment Share on other sites More sharing options...
Patriots & Tyrants Posted May 30, 2013 at 03:42 PM Share Posted May 30, 2013 at 03:42 PM It may be maneuvering to put pressure on gun owners to accept HB183 Take your pick http://www.youtube.com/watch?v=UthMHjoNyjA Link to comment Share on other sites More sharing options...
StreuB1 Posted May 30, 2013 at 03:42 PM Share Posted May 30, 2013 at 03:42 PM .........without lube Link to comment Share on other sites More sharing options...
CRDave Posted May 30, 2013 at 03:43 PM Share Posted May 30, 2013 at 03:43 PM Did they even talk about this in their meeting yesterday or are they going to have a special meeting before June 9? The next scheduled meeting is June 19. Link to comment Share on other sites More sharing options...
TyGuy Posted May 30, 2013 at 03:44 PM Share Posted May 30, 2013 at 03:44 PM No way in heck that holds up. 40 hours? They gonna deputize you and pay you too? Link to comment Share on other sites More sharing options...
Patriots & Tyrants Posted May 30, 2013 at 03:44 PM Share Posted May 30, 2013 at 03:44 PM It's a may shall issue? Kind of conflicting Sec. 54 – 399. Issuance of licenses to carry a concealed firearm.(a) Sheriff may issue a license to an applicant who:(1) Meets the qualifications of Section 54—400.(2) Has provided the application and documentation required in Section 54—401; Vs. Sec. 54 – 400. Qualifications of an applicant for a license.The Sheriff shall issue a license to an applicant completing an application in accordance with Section 54 –401 of this Ordinance if the applicant demonstrates to the satisfaction of the Sheriff that he or she has: (d) Is a responsible person of good moral character and that the issuance of the license to the applicant isconsistent with public safety.(e) A demonstrated need for protection. Those two right there make it may issue. With no definitionof Good Moral Character or "A demonstrated need for protection" this becomes basically a no issue bill. Unless you are plugged into the machine or know someone who is I have a feeling even the pope couldn't get a Cook County CC permit. Also, how much you want to bet if a state bill with weak preemption passes they still push this through? Link to comment Share on other sites More sharing options...
boomersand Posted May 30, 2013 at 03:45 PM Share Posted May 30, 2013 at 03:45 PM watch the crime rates continue to sky rocket LOL Its concealed for a reason....so nobody knows its there. LOL Link to comment Share on other sites More sharing options...
snooter Posted May 30, 2013 at 03:48 PM Share Posted May 30, 2013 at 03:48 PM hahaha..the dummies spelled out exactly want they want from cullerton..idiots should have waited a few days..nice try crook..but you just tipped your hand for no damn good reason....phelps now has something to work with along with others.....i was kinda looking for this but never expected it..please tell rahm i love him for going after the teachers union..now if he would just let business operate with some reduction in taxes and regs he would get a thank you from me ps: i would encourage each of you to have documented proof of 40 hours training..nutin less..its your butt so do as you please Link to comment Share on other sites More sharing options...
lightforce1911 Posted May 30, 2013 at 03:48 PM Share Posted May 30, 2013 at 03:48 PM 40 hours 300 bucks and they May issue one. Really? should we just give them a 1000 bucks that well never get back? Link to comment Share on other sites More sharing options...
patriot1776 Posted May 30, 2013 at 03:48 PM Share Posted May 30, 2013 at 03:48 PM Also be it ordained the 2nd. amendment of the United States Constitution. Strange i do not see any mention of Chicago or Cook County in the Constitution and i have read it several times ? Link to comment Share on other sites More sharing options...
Romano For Rep Posted May 30, 2013 at 03:49 PM Share Posted May 30, 2013 at 03:49 PM "Does not chronically and habitually abuse drugs" so if Medical Marijuana passes....and you are smoking the prescribed 13 joints a day, does that automatically invalidate you? also 40 hours of training is WITHIN within the 90 days preceding the date of application...so no prior training? I would like to go first for on the reason question and have Mr Dart on tape.... "Can you guarantee my safety? (as I slide a piece of paper over) Please sign here..." When he can not....I have my reason. Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.