Changes in FOID & CCL Law 2023

[Molly B.]

2023
Changes created by the “Protect Illinois Communities Act” signed into law January 10, 2023
Please be aware these changes or portions of these changes may or may not be in effect due to ongoing litigation
These updates are presented to the best of our ability and may or may not be inclusive of all material required to be presented in the course. It is the responsibility of the instructor to maintain current knowledge of the laws and to frequently review the Illinois State Police website for updates and changes. The changes brought by HB5471 Act - are too numerous to post here - please see the attached document posted below.

 

2022 - FOID Modernization Act - See attached document

The FOID Modernization Act became effective 1-1-2022, although some elements of the act do not become effective until 2023 or 2024. These updates are presented to the best of our ability and may or may not be inclusive of all material required to be presented in the course. It is the responsibility of the instructor to maintain current knowledge of the laws and to frequently review the Illinois State Police website for updates and changes.  The changes brought by HB562 - FOID Modernization Act - are too numerous to post here - please see the attached document posted below.

2013-2021 Updates in FOID/CCL Acts

1. It is not necessary for an IL concealed carry license holder to carry their FOID card on their person if they are in physical possession of the concealed carry license:

(430 ILCS 65/2) (from Ch. 38, par. 83-2) (c-5)

The provisions of paragraphs (1) and (2) of subsection (a) of this Section regarding the possession of firearms and firearm ammunition do not apply to the holder of a valid concealed carry license issued under the Firearm Concealed Carry Act who is in physical possession of the concealed carry license.

 

2. IL concealed carry license holders may present their CCL instead of their FOID when purchasing firearms or ammunition:3.

(430 ILCS 65/3) (from Ch. 38, par. 83-3)

Sec. 3. (a) Except as provided in Section 3a, no person may knowingly transfer, or cause to be transferred, any firearm, firearm ammunition, stun gun, or taser to any person within this State unless the transferee with whom he deals displays either: (1) a currently valid Firearm Owner's Identification Card which has previously been issued in his or her name by the Department of State Police under the provisions of this Act; or (2) a currently valid license to carry a concealed firearm which has previously been issued in his or her name by the Department of State Police under the Firearm Concealed Carry Act. In addition, all firearm, stun gun, and taser transfers by federally licensed firearm dealers are subject to Section 3.1.

 

3. Requirement to Validate Buyer's FOID card for Person to Person Firearm Transfers:

 

(430 ILCS 65/3) (a-10)

Any person who is not a federally licensed firearm dealer and who desires to transfer or sell a firearm or firearms to any person who is not a federally licensed firearm dealer shall, before selling or transferring the firearms, contact the Department of State Police with the transferee's or purchaser's Firearm Owner's Identification Card number to determine the validity of the transferee's or purchaser's Firearm Owner's Identification Card. This subsection shall not be effective until January 1, 2014. The Department of State Police may adopt rules concerning the implementation of this subsection. The Department of State Police shall provide the seller or transferor an approval number if the purchaser's Firearm Owner's Identification Card is valid. Approvals issued by the Department for the purchase of a firearm pursuant to this subsection are valid for 30 days from the date of issue. FOIDs may be validated on the ISP website: https://www.isp.stat...oid/foidp2p.cfm or by calling 217-524-3847

 

4. Persons under the age of 21 may obtain a FOID card without parental consent if they are active duty military service member:

 

(430 ILCS 65/4) (from Ch. 38, par. 83-4)
Sec. 4. Application for Firearm Owner's Identification Cards.(i-5) This subparagraph (i-5) applies on and

after the 181st day following the effective date of this amendatory Act of the 101st General Assembly. He or she is 21 years of age or over, or if he or she is under 21 years of age that he or she has never been convicted of a misdemeanor other than a traffic offense or adjudged delinquent and is an active duty member of the United States Armed Forces or has the written consent of his or her parent or legal guardian to possess and acquire firearms and firearm ammunition, provided, however, that such parent or legal guardian is not an individual prohibited from having a Firearm Owner's Identification Card and files an affidavit with the Department as prescribed by the Department stating that he or she is not an individual prohibited from having a Card or the active duty member of the United States Armed Forces under 21 years of age annually submits proof to the Department of State Police, in a manner prescribed by the Department;

 

5. FOID remains valid during renewal process if renewal is submitted prior to expiration. (effective 1-9-2019)

 

(430 ILCS 65/5) (from Ch. 38, par. 83-5) (b]

Renewal applications shall be approved or denied within 60 business days, provided the applicant submitted his or her renewal application prior to the expiration of his or her Firearm Owner's Identification Card. If a renewal application has been submitted prior to the expiration date of the applicant's Firearm Owner's Identification Card, the Firearm Owner's Identification Card shall remain valid while the Department processes the application, unless the person is subject to or becomes subject to revocation under this Act.

 

(430 ILCS 65/7) (from Ch. 38, par. 83-7) (b]

If a renewal application is submitted to the Department before the expiration date of the applicant's current Firearm Owner's Identification Card, the Firearm Owner's Identification Card shall remain valid for a period of 60 business days, unless the person is subject to or becomes subject to revocation under this Act.

 

6. A FOID application can ONLY be submitted online at the Illinois State Police website or by calling the Illinois State Police. www.ispfsb.com

 

Concealed Carry Act

 

1. Duty to inform if asked by law enforcement includes passengers:8(430 ILCS 66/10) (h)

The disclosure requirement under this subsection (h) is satisfied if the licensee presents his or her license to the officer or the non-resident presents to the officer evidence under paragraph (2) of subsection (e) of Section 40 of this Act that he or she is qualified to carry under that subsection.

 

2. Law enforcement or emergency personnel may secure the license holder’s firearm:

(430 ILCS 66/10) (h-1)

If a licensee carrying a firearm or a non-resident carrying a firearm in a vehicle under subsection (e) of Section 40 of this Act is contacted by a law enforcement officer or emergency services personnel, the law enforcement officer or emergency services personnel may secure the firearm or direct that it be secured during the duration of the contact if the law enforcement officer or emergency services personnel determines that it is necessary for the safety of any person present, including the law enforcement officer or emergency services personnel. The licensee or nonresident shall submit to the order to secure the firearm. When the law enforcement officer or emergency services personnel have determined that the licensee or non-resident is not a threat to the safety of any person present, including the law enforcement officer or emergency services personnel, and if the licensee or non-resident is physically and mentally capable of possessing the firearm, the law enforcement officer or emergency services personnel shall return the firearm to the licensee or non-resident before releasing him or her from the scene and breaking contact. If the licensee or non-resident is transported for treatment to another location, the firearm shall be turned over to any peace officer. The peace officer shall provide a receipt which includes the make, model, caliber, and serial number of the firearm.

3. Requirement to submit a notarized statement with change of address/name or lost/destroyed/stolen license amended to ‘may require’:

(430 ILCS 66/55)

Sec. 55. Change of address or name; lost, destroyed, or stolen licenses.
The Department may require a notarized statement that the licensee has changed his or her residence or his or her name, including the prior and current address or name and the date the applicant moved or changed his or her name

 

4. It is not necessary to unload a concealed carry firearm prior to storing in the trunk while parked in a prohibited parking lot area.

(430 ILCS 66/65) (b]

A licensee may carry a concealed firearm in the immediate area surrounding his or her vehicle within a prohibited parking lot area only for the limited purpose of storing or retrieving a firearm within the vehicle's trunk.

 

5. Penalty for firearm instructors who falsify CCL training certificates.

(430 ILCS 66/70) Sec. 70. Violations.

(i) A certified firearms instructor who knowingly provides or offers to provide a false certification that an applicant has completed firearms training as required under this Act is guilty of a Class A misdemeanor. A person guilty of a violation of this subsection (i) is not eligible for court supervision. The Department shall permanently revoke the firearms instructor certification of a person convicted under this subsection (i).

 

Criminal Code

 

1. The waiting period to purchase firearms will change from 72 hrs. for handguns and 24 hrs. for long guns to 72 hrs. for all firearms effective 1-1-2019.

(720 ILCS 5/24-3) (from Ch. 38, par. 24-3)

(g) Delivers any firearm, incidental to a sale, without withholding delivery of the firearm for at least 72 hours after application for its purchase has been made, or delivers a stun gun or taser, incidental to a sale, without withholding delivery of the stun gun or taser for at least 24 hours after application for its purchase has been made.

 

2. 720 ILCS 5/24-1 Criminal Code of 2012. Provides an exemption from the prohibition on sale, manufacture, purchase, possession, or carrying of a switchblade knife to a person who possesses a currently valid Firearm Owner's Identification Card previously issued in his or her name by the Department of State Police or to a person or an entity engaged in the business of selling or manufacturing switchblade knives.

 

3. Requirement to Report Lost or Stolen Firearms(720 ILCS 5/24-4.1 new) Sec. 24-4.1. Report of lost or stolen firearms. (a) If a person who possesses a valid Firearm Owner's Identification Card and who possesses or acquires a firearm thereafter loses the firearm, or if the firearm is stolen from the person, the person must report the loss or theft to the local law enforcement agency within 72 hours after obtaining knowledge of the loss or theft.

Edited Jan. 20, 2023
CLIC 5.0 Update Jan 20 2023.pdf

Edited June 28, 2020 by Molly B.

HB562 synopsis.pdf

[riverbend]

Thanks for the updates Molly !!

[Euler]

It's not actually a change in the law (yet), but a change in how it can be enforced.

 

The 2019 IL Supreme Court ruling in IL v Webb declared that IL's stun gun/taser ban was unconstitutional. People still need a FOID to carry one, though.

 

I recall there was a bill introduced to add stun guns and tasers to the CCL (thus requiring a CCL, not just a FOID), but (unless I missed it) it died of COVID.

[Molly B.]

Yes, thank you.  We have this info added as a special note in the IllinoisCarry curriculum updates and in the Judicial Forum we cite the case.

[Euler]

4 hours ago, Molly B. said:

Yes, thank you.  We have this info added as a special note in the IllinoisCarry curriculum updates and in the Judicial Forum we cite the case.

 

People v Webb in the Judicial Forum has been archived and is thus unsearchable. I've posted elsewhere about the unsearchability of archived posts.

[Molly B.]

34 minutes ago, Euler said:

 

People v Webb in the Judicial Forum has been archived and is thus unsearchable. I've posted elsewhere about the unsearchability of archived posts.

Have you tried to set custom parameters for your search?

[Euler]

4 hours ago, Molly B. said:

Have you tried to set custom parameters for your search?

 

Yes. There are several issues with archives. Before this thread becomes another Site Support thread, see topic 78324.

[ScopeEye]

What about this

My renewal still waiting it's been over 100 days

 

 

(430 ILCS 65/5) (from Ch. 38, par. 83-5) (b]

Renewal applications shall be approved or denied within 60 business days, provided the applicant submitted his or her renewal application prior to the expiration of his or her Firearm Owner's Identification Card

 

 

[Rmac702]

On 8/23/2021 at 12:36 PM, ScopeEye said:

What about this

My renewal still waiting it's been over 100 days

 

 

(430 ILCS 65/5) (from Ch. 38, par. 83-5) (b]

Renewal applications shall be approved or denied within 60 business days, provided the applicant submitted his or her renewal application prior to the expiration of his or her Firearm Owner's Identification Card

 

The rules don't seem to apply to the ISP.

On 8/23/2021 at 12:36 PM, ScopeEye said:

 

 

[thepointbeing]

Thanks, Molly!

 

I wonder how long it will take for the Legislative Reference Bureau to update the statute text. ;-)

[Lchtus]

On 8/23/2021 at 12:36 PM, ScopeEye said:

What about this

My renewal still waiting it's been over 100 days

 

 

(430 ILCS 65/5) (from Ch. 38, par. 83-5) (b]

Renewal applications shall be approved or denied within 60 business days, provided the applicant submitted his or her renewal application prior to the expiration of his or her Firearm Owner's Identification Card

I could be wrong, but at some point during this never ending pandemic IL did a “covid” extension.  I dont keep up, but I also think there is some sort of lawsuit in IL based on the state not meeting the requirements.  Although I am a novice at best with keeping up with this.  I just want to live my life!

 

[spu69]

My FOID expires 12-1-21, I renewed 9-1-21 and it went active 9-2-21. Have not yet received it in the mail, but that seems fast. Maybe they are trying g to clear the backlog. 

[John Q Public]

Hey Molly, I know you guys are going ten ways right now, but do you have a team on additions for current law as it pertains now? I know things are changing fast, but for classes, it would be nice to have something current that others have vetted besides my staff. When we do a class now, I'm wondering if I have given all the relevant data to our students. More to the point, I'm wondering what I may have missed and if it's going to cost a student.... 

 

I read and make notes, but perhaps the CLIC add on could be a checklist 1.1-1.2-1.3  type of thing as the laws evolve, and or struck, take affect etc. Maybe a group here, could do a private forum and try and stay on top of it for us/you on what we need right now, for the students. An appropriate disclaimer as in we do our best, but we have no case-law. I would be happy to join help such a group, but more minds are better, and may catch something otherwise missed.  

 

JQ

Edited February 13, 2023 at 08:31 PM by John Q Public

[Molly B.]

We did a pdf of the changes, it is posted at this link: 

 

Is this what you mean?

[Max Liberty]

Hello Molly,

 

Nice summaries... I see that the requirement to go through an FFL for sales is not in effect until 2024.  But, what about this HB 562 provision:

 

"Any person within this State who receives any firearm, stun gun, or taser pursuant to subsection (a-10) shall provide a record of the transfer within 10 days of the transfer to a federally licensed firearm dealer and shall not be required to maintain a transfer record."

 

This is in effect now?  Or not?  

 

Max

 

Edited March 14, 2023 at 11:17 PM by Max Liberty
to add clarity

[Euler]

On 3/14/2023 at 7:16 PM, Max Liberty said:

...

Nice summaries... I see that the requirement to go through an FFL for sales is not in effect until 2024.  ...

 

HB 5471 (Protect Illinois Communities Act) subsequently moved that date to July 1, 2023.

[Molly B.]

On 3/14/2023 at 6:16 PM, Max Liberty said:

Hello Molly,

 

Nice summaries... I see that the requirement to go through an FFL for sales is not in effect until 2024.  But, what about this HB 562 provision:

 

"Any person within this State who receives any firearm, stun gun, or taser pursuant to subsection (a-10) shall provide a record of the transfer within 10 days of the transfer to a federally licensed firearm dealer and shall not be required to maintain a transfer record."

 

This is in effect now?  Or not?  

 

Max

 

 

 

Be sure to click on the document for the 2023 changes. 

[Max Liberty]

Copy that!  Thank you, Euler and Molly.  I see language in (b) linking to (a-10) now.  Argh.