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Cliff Contingency - Cook Co. Proposed Carry Ordinance


Molly B.

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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 #4

Submitting a Proposed Ordinance sponsored by

LARRY SUFFREDIN, County Commissioner

THE CONCEALED FIREARM SAFETY ORDINANCE

BE 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, Sections

54 –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 home

rule power conferred under Article VII, Section 6 of the Illinois Constitution of 1970, is to establish

conceal carry licenses, restricted areas to carry a concealed firearm and a revocation process for conceal

carry license within Cook County. This ordinance will only go into effect on June 10, 2013 if the Illinois

General Assembly fails to pass a conceal carry license as ordered by the 7th Circuit Court of Appeals in

Moore v. Madigan and will remain in effect until and unless a court grants a stay of or overturns the 7th

Circuit’s mandate. This ordinance will grant authority to the Cook County Sheriff to issue conceal carry

licenses to authorized persons.

Sec. 54 – 397. Definitions. The following definitions “Concealed firearm” means a loaded or unloaded

handgun carried on or about a person completely from view of the public, or carried in a vehicle in such a

way 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 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, 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 that

would be intrinsic to a handgun carried for defensive purposes. “Handgun” does not include a stun gun or

taser.

“License” means a license issued by the Cook County Sheriff’s Office to carry a loaded or

unloaded 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 is

vested by law with a duty to maintain public order and to make arrests for offenses, whether that duty

extends to all offenses or is limited to specific offenses, or (ii) any person who, by statute, is granted and

authorized to exercise powers similar to those conferred upon any peace officer employed by a law

enforcement agency of this State. The term “peace officer” does not apply to an alderman acting as a

conservator of the peace under Section 3.1-15-25 of the Illinois Municipal Code or any other elected

official acting as conservator of the peace under Illinois law.

Sec. 54 – 398. Cook County Public Safety Fund. Fees from applications for licenses shall be deposited

into 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; and

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(3) Has submitted the requisite fee. The Sheriff shall issue a renewal, corrected, or duplicate

license 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 her

land, or in his or her abode or legal dwelling, or in the abode or legal dwelling of another

person, including private property open to the public, as an invitee with that person’s

permission 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 of

2012; or

(3) The handgun is broken down in a non-functioning state, or is not immediately accessible, or

is 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 to

enforce the provisions of Section 54—407 or 54—400 when carrying a handgun under the provisions of

this Ordinance.

(B) The Sheriff shall make applications for a license available no later than 90 days after the effective date

of 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 accompanying

materials and fees. The Sheriff shall promptly return an incomplete application to the applicant. Each

applicant for a license shall submit a $300 application fee to the Department, $70 of which shall be

deposited into the Cook County Public Safety Fund.

(d) The Sheriff’s Office shall notify the municipal police department in the municipality where an

applicant resides of the name, address, and date of birth of any person submitting an application for a

license. 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 objection

submitted by a municipal police department, including reports submitted to the Sheriff must be disclosed

to the applicant unless disclosure would interfere with a criminal investigation.

(e) The Sheriff may consider any objection or recommendation made by a municipal police department

and may determine the application ineligible based solely on those objections. If the applicant is found by

the Sheriff to be ineligible, the Sheriff shall deny the application and notify the applicant and the

municipal police department in writing, stating the grounds for denial. The notice of denial must inform

the applicant that he or she may, within 90 days, appeal the denial and submit additional materials

relevant to the grounds for denial. Upon receiving the additional documentation, the Sheriff shall

reconsider 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 to

administrative review.

(f) A license shall be valid for a period of 5 years.

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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:

(a) Is at least 21 years of age;

(B) 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 is

consistent 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 to

any 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 that

could lead to disqualification;

(h) Does not chronically and habitually abuse drugs or alcoholic beverages as evidenced by the applicant

having 2 or more convictions for violating Section 11-501 of the Illinois Vehicle Code or similar

provision of a local ordinance within 5 years preceding the date of the application, or if the applicant

has elected treatment under the supervision of a licensed program in accordance with the Alcoholism

and Other Drug Abuse and Dependency Act or similar laws of any other state, within 5 years

preceding the date of the application;

(i) Has completed a 40 hour firearms training and education course from a licensed instructor within the

90 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 the

Illinois Vehicle Code;

(k) Has not within the preceding 5 years, been the respondent to An order of protection or civil stalking

no 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 writing

under oath or

affirmation and under penalty of perjury, on a standard form adopted by the Sheriff and shall be

accompanied 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 the

applicant has used or identified with, and any address at which the applicant resided more

than 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 the

applicant’s social security number;

(3) Proof that the applicant is a resident of Cook County and has been a resident for at least the

previous 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 and

education required in Section 54 – 400 of this Ordinance;

(5) Whether the federal government or a governmental entity in any state or subdivision of any

state has denied or revoked the applicant’s license, permit, registration, or certificate

pertaining to any firearm, and if so, the jurisdiction, the identifying number of the license

permit, registration, or certificate, the reason for denial or revocation, and the date of denial

or revocation;

(6) Whether the applicant has failed a drug test within the preceding 5 years, and if so, the

provider 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, or

carrying 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 educational

institution, such as a college, or university, because of suspected mental illness or violent

behavior, and if so, the name of the school, the date, and the reason for the suspension or

expulsion;

(9) A waiver of privacy and confidentiality rights and privileges of the applicant under all federal

and 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, of

institutionalization or inpatient treatment for alcoholism or alcohol detoxification, as well as

affirmative request that any person having custody of those records provide copies of them or

information concerning them to the Sheriff for the sole purpose of making a determination of

an applicant’s eligibility under Section 54 – 400;

(10) An affirmation that the applicant possesses a currently valid Illinois Firearm Owner’s

Identification Card;

(11) An affirmation that the applicant has never been convicted in this State or any other State

of:

(A) A felony;

(B) A misdemeanor involving the use or threat of physical force or violence to any

person;

© A misdemeanor involving the use, possession, or distribution of a controlled

substance 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 a

firearm, dangerous weapon, deadly weapon, or ammunition;

(12) An affirmation that the applicant meets the requirement of Section 54 -- 400 and is not

prohibited under State or federal law from possessing a firearm;

(13) A conspicuous warning that a false statement made by the applicant will result in

prosecution 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 Code

of 2012;

(15) A written agreement that, if the person is approached by a peace officer while carrying a

concealed firearm under the license, the person will immediately inform the officer that he or

she is in possession of a firearm and a license to carry a concealed firearm, and will submit

to a pat down search and allow the officer to take possession of the firearm for the duration of

the encounter;

(16) Proof that the applicant possesses the same powers of eyesight as required for a driver’s

license under Section 6-109 of the Illinois Vehicle Code; and if the applicant does not possess

a current Illinois driver’s license, the applicant may present a current optometrist’s or

ophthalmologist’s statement certifying the vision reading obtained from the applicant; and

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(17) A letter of necessity signed by the applicant establishing the reason the applicant needs a

concealed firearm license. The letter shall contain written answers to the following questions

in 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 specified

by the Sheriff that was taken within the 30 days preceding the date of the application. The applicant shall

consent to the Sheriff reviewing and using the applicant’s digital driver’s license or Illinois Identification

Card photograph and signature, if available. The Secretary of State shall allow the Sheriff access to the

photograph 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 State

Police in an electronic format that complies with the form and manner for requesting and furnishing

criminal history record information as prescribed by the Department of State Police. These fingerprints

shall be checked against the Department of State Police and Federal Bureau of Investigation criminal

history record databases now and hereafter filed. The Sheriff shall charge applicants a fee for conducting

the criminal history records check, which shall be deposited in the Cook County Public Safety Fund and

shall not exceed the actual cost of the records check. Fingerprinting of an applicant may be administered

by 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 of

completion of a firearms training and education course within 90 days of the date of application to show

compliance with Section 54 – 400 of this Ordinance.

(f) The Sheriff is authorized to establish a system for electronically submitting applications, including

applications for renewal or a replacement license.

Sec. 54 – 402. Investigation of an applicant. The Sheriff shall complete a background check on an

applicant for a license to carry a concealed firearm to ensure compliance with the requirements of this

ordinance and any federal or State laws, and local ordinances. The background check shall include a

search of the following:

(a) The National Instant Criminal Background Check System of the Federal Bureau of Investigation;

(B) Any available State and local criminal history record information files, including records of juvenile

adjudications;

© 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 or

addicted 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 developmental

disabilities; and

(g) Any other available files of any federal, State, local agency, and other entity (private or public) in any

jurisdiction likely to contain information relevant to whether the applicant is prohibited from

purchasing 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. The

database shall be available to all Illinois law enforcement agencies, State’s Attorneys, and the

Attorney General. Members and staff of the judiciary may access the database for the purpose of

determining whether to confiscate a license or to ensure compliance with this Ordinance or any

other law. The database shall be searchable and provide all information included in the

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application, a photo of the applicant or licensee, and any information related to violations of this

Ordinance.

(2) The Sheriff’s Office shall make available on its website and upon request under the Freedom of

Information 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 disclosure

under the Freedom of Information Act. The Sheriff’s Office may answer requests to confirm or

deny whether a person has been issued a license as part of inquiries dealing with a criminal

investigation. Individual law enforcement agencies, State’s Attorneys, the Attorney General,

members of the judiciary, and judicial staff shall sign a confidentiality agreement, prepared by the

Sheriff’s Office, prior to receiving access to the database. No law enforcement agency, State’s

Attorney, the Attorney General, or member of staff of the judiciary, other than the Sheriff’s

Office, shall provide any information to a requestor not entitled to it by law, except as required or

necessary for the conduct of a criminal investigation.

(B) Individual law enforcement agencies or any other entity of local government shall not maintain any

separate records, lists, or searchable databases of applicants and licensees containing information included

in 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 is

found ineligible for a license based on the criteria set forth in Section 54 – 400 of this ordinance or

the licensee no longer possesses a Firearm Owner’s Identification Card. A licensee shall not be

revoked unless the revocation is for reasons specifically authorized by this Ordinance. This

subsection shall not apply to a person who has filed an application with the State Police for renewal

of a Firearm Owner’s Identification Card and who is not otherwise ineligible to obtain a Firearm

Owner’s Identification Card.

(B) A license shall be revoked if an order of protection under Section 112A-14 of the Code of Criminal

Procedure of 1963 or under Section 214 of the Illinois Domestic Violence Act of 1986 is issued

against a licensee. The license shall be suspended for the duration of the order or until the order is

terminated. If an order of protection is issued against a licensee, the licensee shall surrender the

license, as applicable, to the court at the time the licensee is entered or to the law enforcement agency

or entity designated to serve process at the time the licensee is served the order. The court, law

enforcement agency, or entity responsible for serving the order shall transmit the license to the

Sheriff’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 an

application to renew the license. A person who fails to renew his or her license within 6 months after

its expiration must reapply for a new license and pay the fee for a new application.

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(e) The Sheriff may suspend a license for up to 90 days if a licensee fails to submit a change of address

or name or fails to report a lost or destroyed license to the Sheriff within 30 days of the discovery of

the loss or destruction of the license.

(f) Every person whose concealed carry license is suspended or revoked shall immediately return his or

her concealed carry license to the Cook County Sheriff. If revocation is based on a FOID card

becoming invalid, the person shall also return the FOID card and provide an accounting of all

weapons owned. Failure to return the license is a business offense with a minimum fee of $100. Any

person found carrying a concealed firearm after suspension or revocation of his or her license shall be

subject 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 Sheriff

shall notify the licensee in writing of the expiration and furnish an application for renewal of the

license or make the application available on-line.

(B) Applications for renewal of a license shall be made to the Sheriff. A license shall be renewed for a

period of 5 years upon receipt of a completed renewal application and a $100 renewal fee. The

renewal application shall contain the information required in Section 54 -- 401, except that the

applicant need not resubmit a full set of fingerprints. Each applicant for a renewal shall submit, on a

form prescribed by the Sheriff, proof that the applicant has:

(1) Successfully completed an equivalent range exercise as prescribed in Section 54 – 401

and certified to by an instructor qualified under Section 54 – 410 or a certified law enforcement

instructor, 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 renewal

application.

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 any

change of name; or (ii) the discovery of the loss or destruction of a license.

(B) 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 shall

request a new license. The licensee shall submit a $50 fee, a notarized statement that the licensee has

changed 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 concealed

firearm into:

(1) Any building or office under the control of the State of Illinois, Governor, Lieutenant

Governor, Attorney General, Secretary of State, Comptroller, or Treasurer.

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(2) Any building under the control of the State, General Assembly, General Assembly support

service agency, including a building in which a committee of the General Assembly convenes

for the purpose of conducting meetings of committees, joint committees, legislative

commissions, and any property or parking lot area under control of the General Assembly

that is adjacent to or near a prohibited building in this Section.

(3) All county facilities including clinics and hospitals under the Cook County Health and

Hospital System.

(4) Any courthouse or part of that building that is occupied by the Circuit, Appellate, or Supreme

Court, or a room designated for court proceedings by any of these courts, except as provided

in subsection (B) 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 any

establishment 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 alcoholic

beverages 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 and

property.

(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 building

thereof; or any school property surrounding a preschool, elementary school, or secondary

school building, including but not limited to sidewalks and parking lot areas adjacent to or

near preschool, elementary school, or secondary school property.

(10) Any portion of a building used as a child care facility, or any adjacent property or parking

lot area under control of or owned by a child care facility. Nothing in this paragraph (9) shall

prevent the owner or operator of a child care facility in a family home from owning or

possessing a firearm or license, so long as the firearm is stored, unloaded, in a locked

container.

(11) Any gaming facility or any adjacent property or parking lot area under control of or owned

by a gaming facility licensed under the Riverboat Gambling Act or the Horse Racing Act of

1975.

(12) Any gated area of an amused park, or any adjacent property or parking lot area under

control of or owned by an amusement park.

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(13) Any stadium, arena, or collegiate or professional sporting event, or any adjacent property

or parking lot area under the control of or owned by a facility where carry is prohibited under

this paragraph (12).

(14) Any hospital or mental health facility, or onto any adjacent property or parking lot area

under 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 parking

lot 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 law

enforcement 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 the

surrounding 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 property

owned, leased or controlled by a school district unless authorized by a majority vote of

members of its governing board. Nothing in this paragraph shall prohibit a licensee from

carrying a concealed firearm on any sidewalk, on any highway or roadway, in any public

restroom, or rest stop.

(21) Any property (including but not limited to any street, driveway, or parking lot), building

or facility owned, leased, controlled, or used by a nuclear energy, storage, weapons, or

development 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 community

colleges, and public and private colleges and universities from prohibiting, restricting or otherwise

regulating 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 in

buildings used in whole or in part for housing, classrooms, laboratories, medical clinics, hospitals, and

artistic, athletic and entertainment venues; or on or in property owned, controlled or leased by officially

recognized student organizations or officially recognized university-related organizations.

(B) 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 are

employed, but shall be required to follow any rules applicable to sworn peace officers to maintain

facility security.

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© The owner, manager, or operator of a building or of a business or a commercial lessee, or a private

business enterprise, or any other private organization, entity, or person, may prohibit licensees from

carrying a concealed firearm on the premises, including buildings, parking lots, or other property

under its control.

(d) Any person licensed under this Ordinance who is prohibited from carrying a concealed firearm into a

building by the provisions of subsection (a) or under a resolution, or policy adopted in accordance

with subsection (a-5) or © shall be permitted to store that firearm or ammunition out of plain sight in

his or her locked vehicle or in a locked compartment or container within or securely affixed to the

outside of the vehicle. A licensee shall not be in violation of this Section while he or she is traversing

a public right of way that touches or crosses any of the premises specified in subsection (a) or from

which firearms are prohibited under the provisions of subsection (a-5) or ©, provided that the

firearm is carried on his or her person or in a vehicle in accordance with this Ordinance or is being

transported in a case or container in accordance with applicable law. A licensee shall not be in

violation of subsection © if the responsible party for the premises fails to conspicuously post notice

of 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 any

additional reasonable restrictions or conditions which the Sheriff deems warranted, including restrictions

as 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 the

officer that he or she is in possession of a concealed firearm under this Ordinance. The licensee shall

comply with all lawful orders and directions from the officer. For the safety of the officer and the

public, the officer may conduct a pat down of the licensee and take possession of the firearm for the

duration of the encounter.

(f) A licensee shall not carry a handgun under the provisions of this Ordinance while under the influence

of controlled substances, hallucinogenic drugs, any prescribed medication that causes impairment, or

alcohol. For purposes of this subsection (f), “under the influence of alcohol” means a blood alcohol

content of .08 or greater.

(g) Signs stating that the carrying of a firearm is prohibited shall be clearly and conspicuously posted at

every entrance of a building or premises specified in subsection (a) or designated in accordance with

subsection (a-5) or ©. Signs shall be of uniform size and design, not smaller than 8 inches by 10

inches as prescribed by the Sheriff’s Office. The Sheriff’s Office shall adopt rules for standardized

signs 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 under

Section 54 – 400.

(h) Penalties.

(1) For any violation of subsection (a), (B), (d), (e), or (f), the Sheriff may suspend the license for

one year. For any 2 violations the Sheriff may permanently revoke the license.

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Sec. 54 – 408. Immunity from liability.

The Cook County Sheriff, or any employee or agent of the Cook County Sheriff, shall not be liable for

damages in any civil action arising from alleged wrongful or improper granting, renewing, revoking, or

failing to revoke licenses issued under this ordinance, except for willful or wanton misconduct. The

Sheriff, or any employee or agent of the Sheriff, shall not be liable for submitting specific or articulable

reasons why an applicant should be denied a license, unless the objection contains false, malicious, or

inaccurate 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 Public

Safety fund, shall be appropriated for administration of this Ordinance.

(B) 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 at

least 40 hours of instruction in a course approved by the Illinois Law Enforcement Training and

Standards Board that contained the following topics:

(1) Handgun safety in the classroom, at home, on the firing range, and while carrying the

firearm.

(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 Code

of 2012.

(5) The requirements of this ordinance.

(6) Laws relating to the Firearm owners Identification Act, 430 ILCS 65/1 et seq. and 18

U.S.C. 921 through 930.

(B) Applicants shall provide proof of certification by a certified instructor that the applicant passed a

live 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 10

rounds 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 the

firearm safety training course, the applicant must satisfactorily demonstrate to the instructor the

safe handling of each firearm the applicant seeks to carry concealed, including demonstrating the

proper loading and unloading of the handgun.

(1) Laws relating to firearms as prescribed in this course consisted of at least 40 hours of

instruction.

page 19

NEW ITEMS AGENDA

Meeting of May 8, 2013

Sec. 54 – 411. Severability.

If any section, subsection, paragraph, sentence or clause of this article or the application thereof to any

person is for any reason deemed to be invalid or unconstitutional, such decision shall not affect, impair or

invalidate any remaining section, subsection, paragraph, sentence or clause hereof or the application of

this article to any other person.

Effective Date. This ordinance shall take effect only in the event that the Illinois General Assembly does

not pass a conceal carry weapons law before June 9, 2013 or the 7th United States Supreme Court does not

grant the State of Illinois an extension under Moore v. Madigan. This ordinance will only go into effect

on June 10, 2013 if the Illinois General Assembly fails to pass a conceal carry law consistent with the 7th

Circuit Court of Appeals mandate in Moore v. Madigan and will remain in effect until and unless a court

grants a stay of or overturns the 7th Circuit’s mandate.

______________________

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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.

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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.

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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;

( :cool: 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 is

consistent 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.

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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.

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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....

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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:

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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

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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 is

consistent 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?

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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

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"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.

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