99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3218

Introduced , by Rep. John E. Bradley

SYNOPSIS AS INTRODUCED:
430 ILCS 66/10
430 ILCS 66/15
430 ILCS 66/20
430 ILCS 66/70
430 ILCS 66/87

Amends the Firearm Concealed Carry Act. Provides that the Department of State Police must notify the applicant stating detailed grounds for the denial and the applicant's right to receive copies of all documents and other evidence that was provided to the Department concerning the application. Provides that in the event that an applicant is denied a license, a copy of any and all objections made by law enforcement agencies shall be made available to the applicant. Provides that upon the referral, applicants shall be given notice by the Department that the application is undergoing review by the Board. The notice shall include the next date upon which the Concealed Carry Licensing Review Board is expected to convene, and shall inform the applicant that the 90-day time period has been tolled. Provides that all documents and evidence provided to the Board, including a list of the names of all witnesses who provided testimony to the Board, shall be made available to the applicant and the applicant's designated attorney, if any. Provides that an applicant may appeal a denial of an application for a concealed carry license by the Department to the Director for a hearing within 70 calendar days after the denial. Provides that the time deadline for filing a petition for administrative or judicial review shall be 70 calendar days from the date the notice of denial was received by the applicant. If an applicant brings a petition for judicial review under this Act, the petition must be decided without remand to the Department.
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A BILL FOR

HB3218LRB099 08493 RLC 28649 b
1 AN ACT concerning safety.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Firearm Concealed Carry Act is amended by
5changing Sections 10, 15, 20, 70, and 87 as follows:
6 (430 ILCS 66/10)
7 Sec. 10. Issuance of licenses to carry a concealed firearm.
8 (a) The Department shall issue a license to carry a
9concealed firearm under this Act to an applicant who:
10 (1) meets the qualifications of Section 25 of this Act;
11 (2) has provided the application and documentation
12 required in Section 30 of this Act;
13 (3) has submitted the requisite fees; and
14 (4) does not pose a danger to himself, herself, or
15 others, or a threat to public safety as determined by the
16 Concealed Carry Licensing Review Board in accordance with
17 Section 20.
18 (b) The Department shall issue a renewal, corrected, or
19duplicate license as provided in this Act.
20 (c) A license shall be valid throughout the State for a
21period of 5 years from the date of issuance. A license shall
22permit the licensee to:
23 (1) carry a loaded or unloaded concealed firearm, fully

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1 concealed or partially concealed, on or about his or her
2 person; and
3 (2) keep or carry a loaded or unloaded concealed
4 firearm on or about his or her person within a vehicle.
5 (d) The Department shall make applications for a license
6available no later than 180 days after the effective date of
7this Act. The Department shall establish rules for the
8availability and submission of applications in accordance with
9this Act.
10 (e) An application for a license submitted to the
11Department that contains all the information and materials
12required by this Act, including the requisite fee, shall be
13deemed completed. Except as otherwise provided in this Act, no
14later than 90 days after receipt of a completed application,
15the Department shall issue or deny the applicant a license.
16 (f) The Department shall deny the applicant a license if
17the applicant fails to meet the requirements under this Act or
18the Department receives a determination from the Board that the
19applicant is ineligible for a license. The Department must
20notify the applicant stating detailed the grounds for the
21denial and the applicant's right to receive copies of all
22documents and other evidence that was provided to the
23Department concerning the application. The notice of denial
24must inform the applicant of his or her right to an appeal
25through administrative and judicial review.
26 The notification of denial shall be provided as follows:

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1 (1) the notice of denial and the written decision of
2 the Board under subsection (f) of Section 20 of this Act
3 shall be sent via certified United States mail by the
4 Department, with signature required and return receipt
5 requested, to the address listed on the application;
6 (2) the appeal period under Section 87 of this Act
7 shall begin to accrue on the date the denial letter is
8 delivered to the address listed on the application; and
9 (3) in any administrative or judicial proceeding
10 concerning the denial of the application, the Department
11 shall provide the following:
12 (A) proof that the denial letter was delivered to
13 the correct address;
14 (B) a copy of the signature of the person who
15 received the letter; and
16 (C) proof of the date on which it was delivered.
17 (g) A licensee shall possess a license at all times the
18licensee carries a concealed firearm except:
19 (1) when the licensee is carrying or possessing a
20 concealed firearm on his or her land or in his or her
21 abode, legal dwelling, or fixed place of business, or on
22 the land or in the legal dwelling of another person as an
23 invitee with that person's permission;
24 (2) when the person is authorized to carry a firearm
25 under Section 24-2 of the Criminal Code of 2012, except
26 subsection (a-5) of that Section; or

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1 (3) when the handgun is broken down in a
2 non-functioning state, is not immediately accessible, or
3 is unloaded and enclosed in a case.
4 (h) If an officer of a law enforcement agency initiates an
5investigative stop, including but not limited to a traffic
6stop, of a licensee or a non-resident carrying a concealed
7firearm under subsection (e) of Section 40 of this Act, upon
8the request of the officer the licensee or non-resident shall
9disclose to the officer that he or she is in possession of a
10concealed firearm under this Act, present the license upon the
11request of the officer if he or she is a licensee or present
12upon the request of the officer evidence under paragraph (2) of
13subsection (e) of Section 40 of this Act that he or she is a
14non-resident qualified to carry under that subsection, and
15identify the location of the concealed firearm. During a
16traffic stop, any passenger within the vehicle who is a
17licensee or a non-resident carrying under subsection (e) of
18Section 40 of this Act must comply with the requirements of
19this subsection (h).
20 (i) The Department shall maintain a database of license
21applicants and licensees. The database shall be available to
22all federal, State, and local law enforcement agencies, State's
23Attorneys, the Attorney General, and authorized court
24personnel. Within 180 days after the effective date of this
25Act, the database shall be searchable and provide all
26information included in the application, including the

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1applicant's previous addresses within the 10 years prior to the
2license application and any information related to violations
3of this Act. No law enforcement agency, State's Attorney,
4Attorney General, or member or staff of the judiciary shall
5provide any information to a requester who is not entitled to
6it by law.
7 (j) No later than 10 days after receipt of a completed
8application, the Department shall enter the relevant
9information about the applicant into the database under
10subsection (i) of this Section which is accessible by law
11enforcement agencies.
12(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.)
13 (430 ILCS 66/15)
14 Sec. 15. Objections by law enforcement agencies.
15 (a) Any law enforcement agency may submit an objection to a
16license applicant based upon a reasonable suspicion that the
17applicant is a danger to himself or herself or others, or a
18threat to public safety. The objection shall be made by the
19chief law enforcement officer of the law enforcement agency, or
20his or her designee, and must include any information relevant
21to the objection. If a law enforcement agency submits an
22objection within 30 days after the entry of an applicant into
23the database, the Department shall submit the objection and all
24information available to the Board under State and federal law
25related to the application to the Board within 10 days of

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1completing all necessary background checks. If an applicant is
2denied a license, a copy of any and all objections made by law
3enforcement agencies shall be made available to the applicant.
4 (b) If an applicant has 5 or more arrests for any reason,
5that have been entered into the Criminal History Records
6Information (CHRI) System, within the 7 years preceding the
7date of application for a license, or has 3 or more arrests
8within the 7 years preceding the date of application for a
9license for any combination of gang-related offenses, the
10Department shall object and submit the applicant's arrest
11record to the extent the Board is allowed to receive that
12information under State and federal law, the application
13materials, and any additional information submitted by a law
14enforcement agency to the Board. For purposes of this
15subsection, "gang-related offense" is an offense described in
16Section 12-6.4, Section 24-1.8, Section 25-5, Section 33-4, or
17Section 33G-4, or in paragraph (1) of subsection (a) of Section
1812-6.2, paragraph (2) of subsection (b) of Section 16-30,
19paragraph (2) of subsection (b) of Section 31-4, or item (iii)
20of paragraph (1.5) of subsection (i) of Section 48-1 of the
21Criminal Code of 2012.
22 (c) The referral of an objection under this Section to the
23Board shall toll the 90-day period for the Department to issue
24or deny the applicant a license under subsection (e) of Section
2510 of this Act, during the period of review and until the Board
26issues its decision. Upon the referral, applicants shall be

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1given notice by the Department that the application is
2undergoing review by the Board. The notice shall include the
3next date upon which the Board is expected to convene, and
4shall inform the applicant that the 90-day time period has been
5tolled.
6 (d) If no objection is made by a law enforcement agency or
7the Department under this Section, the Department shall process
8the application in accordance with this Act.
9(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.)
10 (430 ILCS 66/20)
11 Sec. 20. Concealed Carry Licensing Review Board.
12 (a) There is hereby created within the Department of State
13Police a Concealed Carry Licensing Review Board to consider any
14objection to an applicant's eligibility to obtain a license
15under this Act submitted by a law enforcement agency or the
16Department under Section 15 of this Act. The Board shall
17consist of 7 commissioners to be appointed by the Governor,
18with the advice and consent of the Senate, with 3 commissioners
19residing within the First Judicial District and one
20commissioner residing within each of the 4 remaining Judicial
21Districts. No more than 4 commissioners shall be members of the
22same political party. The Governor shall designate one
23commissioner as the Chairperson. The Board shall consist of:
24 (1) one commissioner with at least 5 years of service
25 as a federal judge;

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1 (2) 2 commissioners with at least 5 years of experience
2 serving as an attorney with the United States Department of
3 Justice;
4 (3) 3 commissioners with at least 5 years of experience
5 as a federal agent or employee with investigative
6 experience or duties related to criminal justice under the
7 United States Department of Justice, Drug Enforcement
8 Administration, Department of Homeland Security, or
9 Federal Bureau of Investigation; and
10 (4) one member with at least 5 years of experience as a
11 licensed physician or clinical psychologist with expertise
12 in the diagnosis and treatment of mental illness.
13 (b) The initial terms of the commissioners shall end on
14January 12, 2015. Thereafter, the commissioners shall hold
15office for 4 years, with terms expiring on the second Monday in
16January of the fourth year. Commissioners may be reappointed.
17Vacancies in the office of commissioner shall be filled in the
18same manner as the original appointment, for the remainder of
19the unexpired term. The Governor may remove a commissioner for
20incompetence, neglect of duty, malfeasance, or inability to
21serve. Commissioners shall receive compensation in an amount
22equal to the compensation of members of the Executive Ethics
23Commission and may be reimbursed for reasonable expenses
24actually incurred in the performance of their Board duties,
25from funds appropriated for that purpose.
26 (c) The Board shall meet at the call of the chairperson as

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1often as necessary to consider objections to applications for a
2license under this Act. If necessary to ensure the
3participation of a commissioner, the Board shall allow a
4commissioner to participate in a Board meeting by electronic
5communication. Any commissioner participating electronically
6shall be deemed present for purposes of establishing a quorum
7and voting.
8 (d) The Board shall adopt rules for the review of
9objections and the conduct of hearings. The Board shall
10maintain a record of its decisions and all materials considered
11in making its decisions. All Board decisions and voting records
12shall be kept confidential and all materials considered by the
13Board shall be exempt from inspection except upon order of a
14court.
15 (e) In considering an objection of a law enforcement agency
16or the Department, the Board shall review the materials
17received with the objection from the law enforcement agency or
18the Department. By a vote of at least 4 commissioners, the
19Board may request additional information from the law
20enforcement agency, Department, or the applicant, or the
21testimony of the law enforcement agency, Department, or the
22applicant. The Board may require that the applicant submit
23electronic fingerprints to the Department for an updated
24background check where the Board determines it lacks sufficient
25information to determine eligibility. The Board may only
26consider information submitted by the Department, a law

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1enforcement agency, or the applicant. The Board shall review
2each objection and determine by a majority of commissioners
3whether an applicant is eligible for a license.
4 (f) The Board shall issue a written decision within 30 days
5of receipt of the objection from the Department. The decision
6shall specifically reference all documents and evidence
7submitted to the Board by the Department, law enforcement
8agencies, and the applicant. The decision shall include the
9names of all witnesses who testified at the hearing.
10 The However, the Board need not issue its written a
11decision within the 30-day time period 30 days if:
12 (1) the Board requests information from the applicant,
13 including but not limited to electronic fingerprints to be
14 submitted to the Department, in accordance with subsection
15 (e) of this Section, in which case the Board shall issue
16 its written make a decision within 30 days of receipt of
17 the required information from the applicant;
18 (2) the applicant agrees, in writing, to allow the
19 Board additional time to consider an objection before
20 issuing a written decision; or
21 (3) the Board notifies the applicant and the Department
22 that the Board needs an additional 30 days to issue its
23 written a decision.
24 (g) If the Board determines by a preponderance of the
25evidence that the applicant poses a danger to himself or
26herself or others, or is a threat to public safety, then the

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1Board shall affirm the objection of the law enforcement agency
2or the Department, and shall notify the Department that the
3applicant is ineligible for a license, and shall provide the
4Department with a written copy of the decision as outlined in
5subsection (f) of this Section. If the Board does not determine
6by a preponderance of the evidence that the applicant poses a
7danger to himself or herself or others, or is a threat to
8public safety, then the Board shall notify the Department that
9the applicant is eligible for a license and shall forward a
10copy of its written decision to the Department.
11 (h) Meetings of the Board shall not be subject to the Open
12Meetings Act and records of the Board shall not be subject to
13the Freedom of Information Act. However, all documents and
14evidence provided to the Board, including a list of the names
15of all witnesses who provided testimony to the Board, shall be
16made available to the applicant and the applicant's designated
17attorney, if any. To the extent that the Board has reviewed the
18medical records of an applicant, or any other records subject
19to any law or rule providing for the applicant's privacy,
20copies of the those records shall be provided only to the
21applicant and the disclosure of the records shall comply with
22all applicable privacy laws, rules, and regulations. Upon a
23Board decision denying an application, a copy of the written
24decision of the Board shall be attached to the notice of denial
25required under subsection (f) of Section 10 of this Act, and
26mailed to the applicant.

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1 (i) The Board shall report monthly to the Governor and the
2General Assembly on the number of objections received and
3provide details of the circumstances in which the Board has
4determined to deny licensure based on law enforcement or
5Department objections under Section 15 of this Act. The report
6shall not contain any identifying information about the
7applicants.
8(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.)
9 (430 ILCS 66/70)
10 Sec. 70. Violations.
11 (a) A license issued or renewed under this Act shall be
12revoked if, at any time, the licensee is found to be ineligible
13for a license under this Act or the licensee no longer meets
14the eligibility requirements of the Firearm Owners
15Identification Card Act. The notification and appeals
16processes for revoked licenses shall be the same as those for
17denied applications under Sections 10, 15, and 87 of this Act.
18 (b) A license shall be suspended if an order of protection,
19including an emergency order of protection, plenary order of
20protection, or interim order of protection under Article 112A
21of the Code of Criminal Procedure of 1963 or under the Illinois
22Domestic Violence Act of 1986, is issued against a licensee for
23the duration of the order, or if the Department is made aware
24of a similar order issued against the licensee in any other
25jurisdiction. If an order of protection is issued against a

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1licensee, the licensee shall surrender the license, as
2applicable, to the court at the time the order is entered or to
3the law enforcement agency or entity serving process at the
4time the licensee is served the order. The court, law
5enforcement agency, or entity responsible for serving the order
6of protection shall notify the Department within 7 days and
7transmit the license to the Department.
8 (c) A license is invalid upon expiration of the license,
9unless the licensee has submitted an application to renew the
10license, and the applicant is otherwise eligible to possess a
11license under this Act.
12 (d) A licensee shall not carry a concealed firearm while
13under the influence of alcohol, other drug or drugs,
14intoxicating compound or combination of compounds, or any
15combination thereof, under the standards set forth in
16subsection (a) of Section 11-501 of the Illinois Vehicle Code.
17 A licensee in violation of this subsection (d) shall be
18guilty of a Class A misdemeanor for a first or second violation
19and a Class 4 felony for a third violation. The Department may
20suspend a license for up to 6 months for a second violation and
21shall permanently revoke a license for a third violation.
22 (e) Except as otherwise provided, a licensee in violation
23of this Act shall be guilty of a Class B misdemeanor. A second
24or subsequent violation is a Class A misdemeanor. The
25Department may suspend a license for up to 6 months for a
26second violation and shall permanently revoke a license for 3

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1or more violations of Section 65 of this Act. Any person
2convicted of a violation under this Section shall pay a $150
3fee to be deposited into the Mental Health Reporting Fund, plus
4any applicable court costs or fees.
5 (f) A licensee convicted or found guilty of a violation of
6this Act who has a valid license and is otherwise eligible to
7carry a concealed firearm shall only be subject to the
8penalties under this Section and shall not be subject to the
9penalties under Section 21-6, paragraph (4), (8), or (10) of
10subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5)
11of paragraph (3) of subsection (a) of Section 24-1.6 of the
12Criminal Code of 2012. Except as otherwise provided in this
13subsection, nothing in this subsection prohibits the licensee
14from being subjected to penalties for violations other than
15those specified in this Act.
16 (g) A licensee whose license is revoked, suspended, or
17denied shall, within 48 hours of receiving notice of the
18revocation, suspension, or denial, surrender his or her
19concealed carry license to the local law enforcement agency
20where the person resides. The local law enforcement agency
21shall provide the licensee a receipt and transmit the concealed
22carry license to the Department of State Police. If the
23licensee whose concealed carry license has been revoked,
24suspended, or denied fails to comply with the requirements of
25this subsection, the law enforcement agency where the person
26resides may petition the circuit court to issue a warrant to

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1search for and seize the concealed carry license in the
2possession and under the custody or control of the licensee
3whose concealed carry license has been revoked, suspended, or
4denied. The observation of a concealed carry license in the
5possession of a person whose license has been revoked,
6suspended, or denied constitutes a sufficient basis for the
7arrest of that person for violation of this subsection. A
8violation of this subsection is a Class A misdemeanor.
9 (h) A license issued or renewed under this Act shall be
10revoked if, at any time, the licensee is found ineligible for a
11Firearm Owner's Identification Card, or the licensee no longer
12possesses a valid Firearm Owner's Identification Card. A
13licensee whose license is revoked under this subsection (h)
14shall surrender his or her concealed carry license as provided
15for in subsection (g) of this Section.
16 This subsection shall not apply to a person who has filed
17an application with the State Police for renewal of a Firearm
18Owner's Identification Card and who is not otherwise ineligible
19to obtain a Firearm Owner's Identification Card.
20 (i) A certified firearms instructor who knowingly provides
21or offers to provide a false certification that an applicant
22has completed firearms training as required under this Act is
23guilty of a Class A misdemeanor. A person guilty of a violation
24of this subsection (i) is not eligible for court supervision.
25The Department shall permanently revoke the firearms
26instructor certification of a person convicted under this

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1subsection (i).
2(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14; 98-899,
3eff. 8-15-14.)
4 (430 ILCS 66/87)
5 Sec. 87. Administrative and judicial review.
6 (a) Whenever an application for a concealed carry license
7is denied, whenever the Department fails to act on an
8application within 90 days of its receipt, or whenever a
9license is revoked or suspended as provided in this Act, the
10aggrieved party may appeal to the Director for a hearing upon
11the denial, revocation, suspension, or failure to act on the
12application, unless the denial was made by the Concealed Carry
13Licensing Review Board, in which case the aggrieved party may
14petition the circuit court in writing in the county of his or
15her residence for a hearing upon the denial. An applicant may
16appeal a denial of an application for a concealed carry license
17by the Department to the Director for a hearing within 70
18calendar days after the denial.
19 (b) All final administrative decisions of the Department or
20the Concealed Carry Licensing Review Board under this Act shall
21be subject to judicial review under the provisions of the
22Administrative Review Law except that a petition for
23administrative or judicial review shall be filed within 70
24calendar days from the date the notice of denial was received
25by the applicant. If an applicant brings a petition for

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1judicial review under this Act, the petition must be decided
2without remand to the Department. The term "administrative
3decision" is defined as in Section 3-101 of the Code of Civil
4Procedure.
5 (c) Immediately upon receiving notice that the application
6has been denied, the applicant or the applicant's attorney, if
7any, may formally request copies of all documents and evidence
8considered by the Department in making its determination. The
9Department shall provide the requested documents and evidence
10within 14 calendar days of receiving the written request.
11(Source: P.A. 98-63, eff. 7-9-13.)