Tuesday, June 25, 2013

An Overview of the Illinois Concealed Carry Bill

The following was written by Jerry Novak regarding the IL CCW bill (yet to be signed by Quinn)...

THE IL Concealed Carry License

O.K. Illinoian's... the day is finally here. IL has passed a bill for concealed
carry. Well... almost. We all know its sitting on Quinn's desk waiting for him
to sign it (don't worry... he will... he really has no choice) as Lisa Madigan
flails around trying in vain to figure out some way to undo the Federal Court
mandate to allow concealed carry in IL. When she fails (and she will) this will
be the law in IL. Here are the pertinent highlights for your consideration.

CONCEALED CARRY LICENSE CRITERIA:
01. Minimum 21 yrs old
02. Valid FOID Card
03. No misdemeanors that:
      a. includes threat of physical violence
      b. violence to any person
         within the preceding 5 years
04. not had 2 or more "VIOLATIONS" of DUI w/in 5 years
      NOTICE that the law does not say CONVICTIONS. IT says "VIOLATIONS".
      So even a "NOT GUILTY", a DUI License Suspension or a reduction of the DUI  
      charge may count against you as a "VIOLATION" !!!
05. No pending warrants
06. not involved in any prosecution that could disqualify applicant
07. CANT BEEN IN ALCOHOL / DRUG TREATMENT that
       a. was Court Ordered or
       b. Residential Treatment Program
           within preceding 5 years
08. Completed all Firearms Training & Education req'd under CCL Act
      16 hours of Classroom (credit can be granted for up to 8 hrs previous
training)
      plus Range proficiency, Minimum 30 rounds @ 70%
09. Can't have failed a drug test in the last year (W/O a scrip) & provide
details
10. Pass background investigation
11. Submit Electronic Finger Prints (EFP's) or
12. NO EFP's, grants CCL Bd add'l 30 days for background check (120 days)
13. Photo taken w/in 30 days (don't know why cause they use your D/L photo)
14. Copies of Training Certificates
15. Appl Fee $150 for residents & $300. for Non-residents (Thats a bucket of
$$$)

CAN I BE AUTOMATICALLY DENIED ?  Y E S !!!
5 or more ARRESTS for ANY REASON, within 7 years or
3 or more ARRESTS within 7 years that are "gang related"
(Yes... "ARRESTS"  N O T   CONVICTIONS !!!  OY VEY !!!)

WHAT IS CARRYING CONCEALED ?
If granted a CCL you can carry "on your person" or in a vehicle "completely or
MOSTLY concealed". YES ! This is the ONLY language in the bill that I LOVE !
"Mostly concealed". That means that inside the waistband will be a legal way to
carry !
In other sections of the statute it makes reference to: carrying "CONCEALED or
"PARTIALLY CONCEALED". YAY !!!

WHAT IF I'M STOPPED BY LAW ENFORCEMENT ?
If you are stopped by the Police AND they "ASK" if you have a concealed firearm:
01. You SHALL DISCLOSE possession
02. present CCL
03. identify location of firearm
This means you DO NOT HAVE TO VOLUNTEER INFORMATION THAT YOU ARE CARRYING A
CONCEALED FIREARM, UNLESS YOU ARE ASKED !!!

ARE THERE AREAS WHERE I CAN'T LEGALLY CARRY ?
YES !!!   A WHOLE POOP LOAD !!!

PUBLICLY PROHIBITED AREAS:
01. public or private elementary schools
02. pre-school or child care "facility" (at your baby sitters house?)
03. any Gov't building / land
      EXCEPTION: Dept. of Natural Resources Real property, bikeway or trail
      as allowed under Sec. 1.8 of DNR Wildlife Code
04. all Courts
05. Juvenile detention, jails, penitentiary's
06. Hospitals, mental health facilities (Dr.'s ofc?)
07. Bus, Train stations, airports (even non-secure areas)    
08. "Public Transportation Facility" (Chgo Bike Rentals?)
09. Bars (duh hey !)
10. Places whose gross revenue for the last 3 months = 51%+ from Liquor Sales.
      Got your Certified Public Accountant available? Do you think the business is
      going to post this kind of info? Hmmm? So T.G.I. Fridays isn't off your
      list just make sure you sit in the restaurant area and NOT the BAR area !
      Notice its says "last 3 months" so is that calendar months? What if a month
      has only 28 days versus 30 or 31 days is it averaged? They don't say if partial
      months count. Lets say you are accused on the 5th of the month... does the first  
      5 days of that month get ignored in the computation and we just go back to the  
      last 3 full months? Or do we compute for the 5th to the 5th? HUH ? Who is  
      counting ? Kind of funky.
11. "ANY PUBLIC GATHERING" that requires a permit (!?!?!?!  wtf  !?!)
       EXCEPTION: You may walk thru while carrying IF going to your res, biz or
vehicle
12. Any place that obtains a SPECIAL EVENT RETAILER'S LIC (a 1x alc. bev.
license.)
13. ANY public playground
14. ANY public park, athletic area, athletic facility
       EXCEPTION: OK on trails or bikeways if only a portion of trail or bikeway

       includes a public park (but not Cook Cty. Forest preserve Dist.)
15. Cook County Forest Preserve District (Why not other counties Forest
Preserves ?
       I'll tell you why... there are less Democrats in counties other than Cook
! )
16. ANY building, classroom, lab, medical clinic, hospital, artistic venue
(theatre?),  
       athletic venue (stadium or field?) entertainment venue (theatre or
fair?),  
       officially recognized university related organization property
(frats/sororities),
       including parking areas, sidewalks & common areas of any community
college,
       college or university
17. Any stadium or arena of collegiate or professional sporting event
18. Public Library
19. ANY area of an airport
20. Amusement parks
21. Zoos or Museums
22. Any place related to the Nuclear Regulatory Commission (even their parking
lot).

WHAT IF I DRIVE TO A PROHIBITED LOCATION AND I HAVE MY FIREARM WITH ME?  IS THERE A SAFE HAVEN EXCEPTION ?  YES.
You SHALL be permitted to carry in prohibited areas inside your vehicle. Store
firearm in locked car in "case". Case can be glove box, console or locked
container out of view. May exit if gun is unloaded while you are in vehicle and
purpose is to go to trunk to store or retrieve firearm

ARE THERE ANY PRIVATELY PROHIBITED AREAS ? YES.
They MUST:
01. Post a sign
02. Clearly & Conspicuously posted at entrance(s)
03. 4" x 6"
04. Standardized Notice
      EXCEPTION: Private Residences DO NOT HAVE TO POST SIGNS



There's a lot more but I've tried to make this as brief and informational as
possible so you'd get a good idea about the new law. I hope that this helps.
This isn't a perfect law by a long shot. But lets remember that just a short
time ago we didn't have ANY Concealed Carry Law in IL. So, in contrast this is a
BIG STEP FORWARD in the right direction.

I want to thank organizations like the NRA, Gun Owners of American, the Second
Amendment Foundation, the IL State Rifle Association, Jews for the Preservation
of Firearms Ownership and many, many others for their tireless work and efforts
to fight for our gun rights !!!  If you are not a member of one of these world
class organizations... JOIN NOW !!!

Jerry Novak
Attorney at Law
Licensed Private Detective (armed)
NRA Certified Firearms Instructor
IL Licensed Firearms Instructor
UTAH Certified Concealed Firearms Instructor
UTAH Certified Bail Enforcement Firearms Instructor
Certified Oleoresin Capsicum (Pepper Spray) Instructor
Member Int. Ass'n of Law Enforcement Firearms Instructor

You may contact me at: Jerry@CollegeofPersonalSafety.org