After Illinois Attorney General Lisa Madigan filed a motion to give the state an additional 30 days to enact a concealed gun carry law, the U.S. Court of Appeals for the 7th Circuit has granted her request. The Attorney General says she filed the motion yesterday, June 3, in order to give the Governor time to review the legislation passed last week.
The Court’s mandate is stayed until July 9, 2013 instead of June 9. The Court additionally ordered that “No further extensions to stay the court’s mandate will be granted.”
Below you will find highlights of House Bill 183, which passed both chambers on May 31.
Statewide “shall-issue” licensing standard
• No requirement to show a “proper reason” or prove “good moral character”
• No special endorsement or permit required to carry in Chicago or Cook County.
• The provisions in House Bill 183 would be effective immediately upon the Governor’s signature, although the department of state police would have an additional 180 days to implement the actual licensing process.
Strictly preempts authority of local governments as to the regulation, licensing, possession, registration and transportation of handguns and handgun ammunition
• Invalidates home rule communities current restrictions, such as Chicago’s high capacity handgun magazine ban, handgun registration requirement, and its prohibition on handgun laser sights and accessories.
• Prevents lawful concealed carry licensees and firearm owners from being caught in a patchwork of confusing local ordinances and laws as they travel throughout the State.
• Although Chicago’s current ban on assault weapons would remain intact, home rule communities that don’t already have an assault weapons ban would be prevented from adopting them by the law ten days after its enactment. After that, no city could pass an assault weapons ban.
Prohibited carry places include:
• Preschools, elementary, and secondary schools; child care facilities; playgrounds;
• Public parks located within a municipality under the control of a municipality or park district; Cook County Forest Preserve;
• Bars (defined as having more than 50% of its gross receipts from the sale of liquor);
• State buildings, local government buildings, courthouses, police stations, jails, libraries; airports;
• Hospitals, mental health facilities, nursing homes;
• Stadiums, arenas, and sporting events;
• Amusement parks, zoos, and museums;
• Colleges and universities;
• Public transportation – paid in part or whole with public funds;
• Public gatherings authorized by a unit of local government (like Taste of Chicago);
• Nuclear facilities
• Any area prohibited under federal law.
Private property owners may prohibit the carrying of firearms on their property, subject to the parking lot exception, by posting signs clearly and conspicuously at the entrance of the property
However, a licensee may carry a concealed firearm in his or her vehicle within a prohibited parking lot area and exit the vehicle with an unloaded firearm to store or retrieve a firearm in the trunk. This means a secured gun can be kept in a vehicle, even if it’s parked in a prohibited place.
There is no reciprocity or recognition of licenses issued from other states
• Licensees from other states may travel through Illinois while carrying a concealed firearm in their vehicle.
Duty to inform police that you are carrying if stopped.
Qualifications for License issued by State Police
• Must be at least 21 years of age, have a currently valid FOID Card, or meet the requirements for the issuance of a FOID Card and be not otherwise prohibited by State or federal law from possessing or receiving a firearm.
• Common restrictions: cannot have been convicted of misdemeanor involving threat of physical violence or convicted of 2 or more DUIs within last 5 years, no arrest warrants outstanding, has not been in residential court-ordered treatment for alcohol or drugs within last 5 years
• Must have completed 16 hours of training, including live firing exercises. Up to 8 hours of training credit can be had for prior training approved by the State Police and recognized under the laws of another state. Up to 8 hours of training credit can be had by active, retired or honorably discharged members of the United States Armed Forces.
The application fee is $150 for Illinois residents, good for 5 years
• Applications are to be available within 180 days of becoming law. Application must be processed within 90 days (unless subject to review by Concealed Carry Licensing Board).
• Allows for law enforcement to object to an application on basis of “clear and present danger to self or others, or threat to public safety,” which triggers review by a Concealed Carry Licensing Board; Bipartisan board, appointed by the Governor.
• If the Concealed Carry Licensing Board denies a person’s application, they can still then seek a judicial review.
Penalties
• Carrying under the influence is a Class A misdemeanor (up to a year in jail) for a first or second violation.
• A third or subsequent violation of carrying under the influence is a Class 4 felony (up to 1-3 years in prison).
• Violating a prohibited area is a Class B misdemeanor (up to 6 months in jail). A second or subsequent violation is a Class A misdemeanor (up to a year in jail).
• A second violation can result in a suspension of a license (up to 6 months) and 3 or more violations could result in a permanent revocation.
Other Provisions
• The bill also creates a 7-member Task Force to study consolidating the FOID Card and Concealed Carry License into a single card.
• Clarifies duties of health professionals, courts, school personnel, law enforcement, DHS, and ISP to identify and report information regarding disqualifying mental health conditions, orders of protection, and other firearm prohibitors, so that ineligible persons do not possess FOID Cards or firearms.
• Applicant and licensee information is not subject to FOIA.