Changes to Concealed Carry License Review Board Rules and Regs.

[Molly B.]

Changes to the CCLRB emergency rules were posted in the Illinois Register on Oct.3. It has been noticed that the 10 day period for applicants to submit evidence in their own behalf has been changed from 10 days to 15 days. These emergency rule changes went into effect on Sept. 18, 2014 and will be in effect for 150 days or until approved by JCAR, whichever comes first.

 

A problem I see at first reading is that the change is not highlighted and previous language does not show as strike-through text. Another change that is not designated is the code number for the text - originally it was in the 1231 part of the code of rules and regulations. The new text shows as being in section 2900. Again, that change is not highlighted and previous text does not show as strike-through text.

 

Therefore, we do not know if any other text has been changed. Let's do a complete comparison, word by word, line by line, to see if there are any other changes.

 

Amended rules

 

Original rules: CCL Review Board Emergency Rules - July 10, 2014.pdf

 

To anyone who would like to help, thank you for your assistance!

[Molly B.]

p.s. Would someone please save the new changes as a separate document for us. Thank you!

[Hap]

Here:

 

Extract (CCLRB rules) from Illinois Register Vol 38 Issue 40 10-3-2014.pdf

 

Understatement of the year:

 

 

It is anticipated that the volume of litigation will continue until the statutory framework is bolstered by a regulatory process.

Edited October 4, 2014 at 05:10 PM by Hapless

[Stevepk]

Friday afternoon document dump, typical.

[Tango7]

To expand on the understatement:

 

Reason for Emergency: These emergency rules are being filed in an effort to strengthen

the statutory framework of the Firearm Concealed Carry Act and address concerns raised

in pending litigation. Since April 2014, the Illinois State Police and the Concealed Carry

Licensing Review Board (CCLRB) have received in excess of 200 petitions for review of

CCLRB denials. In addition, CCLRB members have been named in federal and state

lawsuits in which plaintiffs are seeking injunctive relief. It is anticipated that the volume

of litigation will continue until the statutory framework is bolstered by a regulatory

process

Interesting tidbits:

 

In the event of a tie vote brought about due to absence or abstention of a

Commissioner, the CCLRB will request of the applicant, pursuant to

Section 20(f) of the Act, another 30 days to consider the objection, and

may also request any additional information necessary to resolve the tie

vote.

 

So what if the applicant says urinate off, give me my rights in the allotted timeframe?

 

No commissioner, including the Chairperson, shall participate in any CCLRB

business, including, but not limited to, voting, when that commissioner has a

conflict of interest.

 

b ) For the purposes of this Section, whether a commissioner has a conflict of interest

shall be determined by the following guidelines:

1) A commissioner has a conflict of interest in a matter if the commissioner's

interest, through business, investment, personal relationship or family,

reasonably creates the appearance of impropriety in the performance of his

or her duties on the CCLRB.

 

This is Illannoys, where they had to go through a half dozen judges to hear Moore/Shepard v Madigan to find a judge without political ties. Wonder who knows whom?

 

Pursuant to Section 20 of the Act, the CCLRB, independently from the

Department, shall serve to review objections by law enforcement agencies. The

Department shall not in any way influence the vote of the CCLRB.

 

b ) The Department shall designate an employee to provide logistical and

administrative assistance only regarding the electronic computer database

established for recording votes regarding objections, as may be required or

requested by the Executive Director.

 

Makes you wonder if there was some....meddling.

 

CCLRB will review an objection to determine whether the objection appears

sustainable on its face or in light of any information the CCLRB has obtained

pursuant to subsection ( b ) or ( c ). Within 10 calendar days after determining that

an objection appears sustainable, the CCLRB shall send the applicant notice of

the objection,

including the basis of the objection and the agency submitting the

objection.This determination of a sustainable objection is not a final

administrative decision of the Board and shall not be reported as such to the

Department.

 

This seems to be an improvement.

 

Pursuant to Section 20(i) of the Act, the CCLRB shall report monthly to the Governor and to the

General Assembly the following information:

a ) the number of objections it has received;

b ) the number of objections it has affirmed; and

c ) the number of times a decision to deny an applicant a license was because the

applicant poses a danger to himself or herself, the applicant poses a danger to

others, or the applicant poses a threat to public safety.

 

Nice slant... How about

 

 

d ) the number of objections deemed invalid by the CCLRB for lack of supporting evidence

e ) the number of objections dismissed due to misidentification of the applicant by an objecting agency[/indent]

 

That might indicate how many people are being denied their rights - Darted - without real reason?

 

 

As is typical, rules are generally established after problems arise. Makes you think.

[hgmeyer]

It would seem that the biggest factor in this "slow, retrograde attack" (read as a slow retreat) may be the fact that the commissioners have been named personally in Federal lawsuits. The Commissioners just might not be all that confident in the quality of the representation they get from Lisa's office and are looking for a way out. It looks like the "way out" is the see how far from a Star Chamber they have to retreat before the lawsuits slow down. Thus they offer a second look after a determination of a maybe sustainable objections with ten days from the date of a notice. When that doesn't turn off the suits they offer 15 days from receipt of the notice (almost doubling the actual time) and I hope people still reject that ridiculously short time.

 

Fair, would be an immediate notification of an objection with 30 days to respond (and longer if requested to gather necessary material) and a right to personally present evidence unless good cause can be shown why such a hearing is not possible, a right to confront and rebut witnesses and a rule requiring a disclosure of all material submitted supporting an objection before action is taken. You know, something approaching a reasonable concept of due process. Right now it is still trial by ambush. No way to treat a denial of a fundamental personal right.

Edited October 5, 2014 at 12:46 AM by hgmeyer

[Molly B.]

I need some help in a line by line, word for word comparison to the earlier CCLRB emergency rules. They are uploaded in the opening post.

 

Any volunteers?

[domin8]

I'll try, but it's not something I can just pick up right now. If you give me through the weekend I'll have something for you. If somebody else can get it done faster, please do.

[Tango7]

According to the ISP website, the original Emergency Rules were published in the July 25th 2014 issue of the Illinois Register

 

Excerpted the July E-rules, and ran Word's Redline subroutine. Attached are RTF and PDF versions.

 

Other than the few changes we have been discussing, lots of renumbering as you observed.

July 25th CCLRB E-Rules.pdf

CCLRB E-Rules comparison RTF.rtf

CCLRB E-Rules comparison.pdf

Edited October 7, 2014 at 05:46 AM by Tango7

[Molly B.]

Thank you!

[rubicon]

The State of Illinois was given 180 and then another 90 days to create the CCL and we only get 15 to give a reply to a rejection...should be at least 30 days.

[Molly B.]

We are working on it.

[Bubbles]

To access past (2014-2015) and current administrative rules, emergency rules, proposed rules, adopted rules, and JCAR agenda click on the following site:

 

https://www.cyberdriveillinois.com/departments/index/register/home.html

 

Click on each separate volume and search the index for "Illinois State Police" and/or "conceal carry".