Analysis of CCW law

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This from the Illinois Municipal League. I don't know what their game is but it looks like a good summary of the CCW law.<br />
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<p> Analysis of Concealed Carry Legislation<br />
By Brian Day, Lead Staff Attorney Published on Monday June 10, 2013 <br />
The Illinois General Assembly passed HB 183, which allows for concealed carry of firearms in Illinois. The legislation also makes a number of other changes concerning firearms. <br />
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The legislation creates two new statutes and amends a number of existing statutes. The two new statutes are the Firearm Concealed Carry Act and the School Administrator Reporting of Mental Health Clear and Present Danger Determination Law.<br />
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This analysis provides a breakdown of the contents of House Bill 183:<br />
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New Act--The Firearm Concealed Carry Act:<br />
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Section 10. Issuance of concealed carry licenses (Pages 3-5).<br />
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• The Department of State Police (ISP) must develop a concealed-carry applicaton no later than January 5, 2014 (180 days after the effective date).<br />
• The ISP must issue a concealed carry permit to qualified applicants.<br />
• The ISP must act on the application within 90 days.<br />
• The Licensee must carry the license when carrying a concealed firearm.<br />
• The Licensee must notify an officer of the existence of a concealed firearm during any traffic stop or other investigatory stop.<br />
• The ISP must maintain a database of applications and licenses. State, federal, and local law-enforcement agencies must have access to the database.<br />

Section 15. Objections by law enforcement agencies (Pages 5-7).<br />

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• The Chief Law Enforcement Officer of a State or local law enforcement agency may object to an application upon a reasonable suspicion that the applicant poses a danger to him or herself, others, or the public safety.<br />
• The Chief Law Enforcement Officer must make the objection within 30 days after the application is entered into the ISP database.<br />
• The ISP is required to object if the applicant has been arrested 5 times in the last 7 years or 3 times for gang-related offenses in the last 7 years.<br />

Section 20. Concealed carry Licensing Review Board (Pages 7-10).<br />

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• Creation of a 7-member Review Board appointed by the Governor.<br />
• The Review Board Reviews objections and supporting materials submitted by law-enforcement agencies.<br />
• Board may determine that an applicant is ineligible for a concealed carry license if a majority of the Board determines, by a preponderance of the evidence, that the applicant is a danger to self, others, or the public safety.<br />

Section 25. Qualifications for Concealed Carry License (Pages 11-12).<br />

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• 21 years of age or older.<br />
• Possess valid FOID card.<br />
• No conviction for a misdemeanor involving the threat or use of violence or for 2 or more DUI's in the previous five years for both.<br />
• Have not been in a residential or court-ordered alcohol or drug treatment program for 5 years.<br />
• Completed required 16 hours of training.<br />

Section 30. Contents of the Application (Pages 12-14).<br />

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• Sets forth the requirements of the application for a concealed carry license.<br />
• An applicant for a concealed carry license waives all privacy and confidentiality rights and privileges under all State and federal law.<br />

Section 35. Investigation of application (Pages 13-14).<br />

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• The ISP must conduct a background check of each applicant using electronic fingerprints.<br />

Section 40. Non-resident license applications (Pages 15-18).<br />

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• The ISP must determine which states have similar concealed carry laws.<br />
• Non-residents of those states may apply for Illinois concealed carry license.<br />
• Non-residents without a concealed carry license may still transport firearms in their vehicles.<br />

Section 45. Civil Immunity (Page 18).<br />

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All State and local law-enforcement agencies have absolute immunity from liability stemming from their activities concerning concealed carry licensing.<br />
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Section 50. License renewal (Pages 18-19).<br />

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• Licensees may renew their concealed carry license for 5-year periods.<br />
• Must complete 3 hours of training.<br />

Section 55. Change of address or names; lost, destroyed, or stolen licenses (Page 19).<br />

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• Requires notification to the ISP is any of the above occurs.<br />

Section 60. Fees (Page 20).<br />

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• $150 fee for Illinois resident.<br />
• $300 fee for non-resident.<br />
• $75 fee for renewal.<br />
• 80% of the fees are deposited into the State Police Firearm Service Fund, and the remaining 20% is divided between the Mental Health Reporting Fund and the State Crime Lab Fund.<br />

Section 65. Prohibited areas (Pages 20-27).<br />

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• School property.<br />
• Child-care facilities.<br />
• State buildings.<br />
• Court buildings.<br />
• Local government buildings.<br />
• Jails, prisons, and detention centers.<br />
• Public transportation.<br />
• On-premises liquor establishments where 50% or more of the sales of the establishment are sales of alcohol.<br />
• Public gatherings requiring a local government permit.<br />
• Special event liquor establishments.<br />
• Public playgrounds.<br />
• Public parks and athletic facilities.<br />
• Cook County Forest Preserve.<br />
• College and university property.<br />
• Premises for riverboat gaming or horse racing, including off-the-track betting parlors.<br />
• Collegiate or professional stadiums or arenas.<br />
• Public libraries.<br />
• Airports.<br />
• Amusement parks.<br />
• Zoos and museums.<br />
• Premises regulated by the federal Nuclear Regulatory Commission.<br />
• Areas where firearms are prohibited by federal law.<br />
• Colleges and universities may enact differing or additional regulation.<br />
• Owner of private property may prohibit firearms on property if proper signs are posted.<br />
• Licensee may transport or store firearm in vehicle.<br />

Section 70. Violations (Pages 27-30).<br />

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• Concealed carry license is revoked if licensee becomes ineligible to hold a FOID card.<br />
• Concealed carry license is suspended if an order of protection is entered against the licensee.<br />
• License is invalid upon expiration.<br />
• Licensee may not carry a concealed firearm while under the influence of alcohol or drugs. Class A misdemeanor for first or second violation and Class 4 felony for a third violation.<br />
• Other violations of the Act are a Class B misdemeanor for the first violation, a Class A misdemeanor for a subsequent violation.<br />
• Violations under the Criminal Code do not apply to violations of the Firearm Concealed Carry Act.<br />
• The holder of a suspended or revoked license must surrender the license to the local law enforcement agency where he or she resides.<br />

Section 75. Applicant firearm training (Pages 30-33). <br />

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• The ISP must establish an approval process for firearm training courses and publish a list of approved courses.<br />
• Applicant for concealed carry license must complete at least 16 hours of ISP-approved training to be eligible for a license.<br />

Section 80. Firearm instructor training (Pages 33-34).<br />

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• The ISP must establish an approval process for firearm instructor training courses and publish a list of approved courses.<br />

Section 85. Background checks for sales (34-35).<br />

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• Specifies that the issuance of a concealed carry license does not exempt the licensee from the requirements for a background check upon the purchase or sale of a firearm.<br />

Section 87. Administrative and judicial review (Page 35).<br />

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• All final administrative decisions of the ISP or the Review Board are subject to the provisions of the Administrative Review Law in the Code of Civil Procedure.<br />

Section 90. Preemption (Pages 35-36).<br />

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• Provides that the regulation, licensing, possession, registration, and transportation of handguns and ammunition for handguns by licensees are exclusive powers and functions of the State.<br />
• Provides that any ordinance enacted on or before the effective date of the Firearm Concealed Carry Act that imposes regulations or restrictions on licenses or handguns or ammunition for handguns in a manner that is inconsistent with the Firearm Concealed Carry Act is invalid in its application to licensees under the Act on the effective date of the Act.<br />
• Preempts home-rule authority.<br />

Section 92. Consolidation of Concealed Carry license and FOID card (36-38).<br />

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• Requires the Director of ISP to create a task force to develop a plan to consolidate the concealed carry license and the FOID card.<br />
• Requires the task force to submit the plan to the Secretary of State and the General Assembly on or before March 1, 2014.<br />

Section 95. Procurement; rulemaking (Page 38).<br />

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• Provides that the ISP has a one-year exemption from the requirements of the Illinois Procurement Code with respect to contracts let under the Firearm Concealed Carry Act.<br />
• Authorizes the ISP to adopt rules-including emergency rulemaking.<br />

New Act-The School Administrator Reporting of Mental Health Clear and Present Danger Determination Law.<br />
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Section 105. Duty of School Administrator (Page 39).<br />

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• Requires the principal or chief administrator of a public or private elementary or secondary school or of a public or private college or university to report to the ISP when a student is determined to pose a clear and present danger to himself, herself, or other.<br />
• The report must be made within 24 hours of the determination.<br />

Section 110. Immunity (Page 39).<br />

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• Provides criminal and civil immunity for clear-and-present-danger determinations (willful and wanton conduct excepted).<br />

Amendatory changes to existing statutes:<br />
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Section 115. Amendatory changes to the Open Meetings Act (39-46).<br />

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• The meetings and deliberations of the Concealed Carry Licensing Review Board are exempt from the requirements of the Open Meetings Act.<br />

Section 110. Amendatory changes to the Freedom of Information Act (Pages 46-50).<br />

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• Provides that the following information is exempt from disclosure under the Freedom of Information Act: (i) the names and information of applicants and licensees under the Firearm Concealed Carry Act; (ii) the databases under the Firearm Concealed Carry Act; (iii) records of the Concealed Carry Licensing Review Board; and (iv) the objections of law-enforcement agencies to concealed carry applications.<br />

Section 122. Amendatory changes to the Secretary of State Act (Page 51).<br />

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• Allows ISP access to drivers' licenses and other SoS records for purposes of concealed carry applications.<br />

Section 125. Amendatory changes to the Department of State Police Law (Pages 51-53).<br />

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• Makes conforming changes to allow ISP to maintain proper records and establishes the State Police Firearms Fund.<br />

Section 130. Amendatory changes to the State Finance Act (Pages 53-55).<br />

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• Creates the special funds set forth in the Firearm Concealed Carry Act.<br />

Section 140. Amendatory changes to the Illinois Explosives Act (Pages 55-56).<br />

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• Disqualifies a person who has been adjudicated as being mentally disabled from holding a license under the Act.<br />

Section 142. Amendatory changes to the Liquor Control Act (Pages 56-60).<br />

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• Makes it a business offense for the operator of a liquor establishment to knowingly failing to prohibit concealed firearms on the premises.<br />

Section 145. Amendatory changes to the Mental Health and Developmental Disabilities Code (Pages 60-64).<br />

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• Makes conforming changes regarding notifications of mental disabilities with respect to firearm licensing.<br />

Section 150. Amendatory changes to the FOID Card Act (Pages 60-125).<br />

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• Makes numerous conforming changes concerning the disqualification of a person with a mental disability to hold a FOID card.<br />
• Provides that the regulation, licensing, possession, and registration of handguns and handgun ammunition and the transportation of firearms and ammunition are exclusive functions of State government.<br />
• Provides that the regulation of the possession or ownership of assault weapons are exclusive powers and functions of the State, but that a unit of local government may pass an ordinance regulating assault weapons within 10 days after the effective date of the amendatory Act. The definition of "assault weapon" would be designated by ordinance.<br />
• Preempts home rule powers.<br />

Section 155. Amendatory changes to the Criminal Code (Pages 125-142).<br />

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• Makes corresponding changes with respect to the concealed carry and transportation of firearms.<br />

Section 160. Amendatory changes to the Code of Criminal Procedure (Pages 142-160).<br />

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• Makes corresponding changes concerning the prohibition of the possession of a firearm by a person who is subject to an order of protection.<br />

Section 165. Amendatory changes to the Mental Health and Developmental Disabilities Confidentiality Act (Pages 160-167).<br />

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• Makes corresponding changes regarding notifications of mental disabilities with respect to firearm licensing.<br />

Section 167. Amendatory changes to the Probate Act (Page 167).<br />

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• Makes corresponding changes regarding notifications of mental disabilities with respect to firearm licensing.<br />

Section 999. Effective date.<br />

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• The Act will become upon effective immediately upon the Governor's signature or a veto override vote.<br />