Proposed Carry Law FAQs

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Proposed Carry Law FAQs

Postby DRYLOK » Thu Jun 06, 2013 6:33 am

I know a lot of you guys here are on the other forum but I'll go ahead and post this here too. These are the frequently asked questions we've been getting about the proposed law. Don't fight it, just sit back and let it soak in. We've got some time to get the details and bugs worked out.

Q1. What is IllinoisCarry's support status of HB183?A1. IllinoisCarry's official stance is Neutral. We currently neither support, nor oppose, HB183.

Q2. HB183 seems to have increased the training requirement to 16 hours, what exactly are the requirements?A2. a ) The bill states that it will consider existing training that the applicant has taken, up to 8 of the 16 hours required. The training has yet to be determined by the Illinois state police training board.
b ) Training for law enforcement or "TAN Cards" will be considered satisfactory, for the required 16 hours
c ) Renewal will require an additional 3 hours of training

Q3 . Is there duty to inform? (DTI)A3 . Yes, although DTI is only required if the officer asks.

(h) If an officer of a law enforcement agency initiates an 3 investigative stop, including but not limited to a traffic 4 stop, of a licensee who is carrying a concealed firearm, upon 5 the request of the officer the licensee shall disclose to the 6 officer that he or she is in possession of a concealed firearm 7 under this Act, present the license upon the request of the 8 officer, and identify the location of the concealed firearm.

Q4. Is this bill a may issue bill?A4. No, it is a shall issue bill. There is an exception/denial process, however, which involves review by an appointed board.

Q5. The review board sounds an awful lot like May IssueA5. Most applicants will not have their applications sent to the review board.
The review board only comes into play if:

A law enforcement agency objects to your application

You have been arrested more than 5 times in the previous 7 years for any reason

You have been arrested more than 3 times in the previous 7 years for gang related offences

Q6. Can my Sheriff/Chief LEO object because he does not approve of concealed carry and/or has a grudge against me?A6. No. The objections made by LEO must be documented, specific to the applicant, and must demonstrate that the applicant would be a danger to public safety if given a permit. The review board will determine if the preponderance of evidence shows the applicant is a danger to public safety. Decisions by the review board can be appealed in Court.

Q7. This bill offers preemption, what does that mean for other "local" ordinance and regulation of firearms?A7. Under HB-183, there are several forms of preemption:
a ) The carrying of firearms under this act is an exclusive function of the state and municipalities cannot regulate the carrying of handguns for self defense. # word under review
b ) The bill also preempts any municipal regulation of handguns for ownership, possession, registration or the like. i.e - Chicago would no longer be able to require training, a CFP or registration of someone who owns a handgun so long as they have been issued a FOID card.
c ) There is transportation preemption which means so long as you are transporting you firearm in accordance with state law, you can legally transport it anywhere through the state.
d ) There is preemption of so called assault weapons bans. Current bans are grandfathered in. and a home rule municipality has 10 days after the law takes effect to pass one if they choose. After that date, no new bans on so called assault weapons may be enacted in the state.

Section 90. Preemption.
The regulation, licensing, possession, registration, and
transportation of handguns and ammunition for
handguns by licensees are exclusive powers and
functions of the State. Any ordinance or regulation, or portion
thereof, enacted on or before the effective date of this Act
that purports to impose regulations or restrictions on
licensees or handguns and ammunition for
handguns in a manner inconsistent with this Act shall be
invalid in its application to licensees under this Act on the
effective date of this Act. This Section is a denial and
limitation of home rule powers and functions under subsection
(h) of Section 6 of Article VII of the Illinois Constitution.


Sec. 13.1. Preemption.
(a) Except as otherwise provided in the Firearm Concealed
Carry Act and subsections (B) and (c) of this Section, the The
provisions of any ordinance enacted by any municipality which
requires registration or imposes greater restrictions or
limitations on the acquisition, possession and transfer of
firearms than are imposed by this Act, are not invalidated or
affected by this Act.

Q8. What are the fees for obtaining a license? How much will it cost to get a permit?A8. a ) For residents it is $150 for a permit. $300 for non-residents.
b ) Other "fees" and costs are ancillary, and not addressed by the bill. Examples of such fees are training expenses, range time, and fingerprinting
c ) Replacement of a permit, or address change, will cost $75

Q9. Is there a live fire requirement for obtaining a permit?A9. Yes, the requirement consists of the following

An applicant for a new license shall provide proof of
certification by a certified instructor that the applicant
passed a live fire exercise with a concealable firearm
consisting of:
(1) a minimum of 30 rounds; and
(2) 10 rounds from a distance of 5 yards; 10 rounds from a distance of 7 yards; and 10 rounds from a distance of 10 yards at a B-27 silhouette target approved by the Department.

Q10. How long will it take to get a permit?A10. The approval status is supposed to be given within 90 days from the receipt of the application. There is an appeal process that can be followed in the event that the 90 days are exceeded, or a denial is given.

Q11. I drove to a GFZ. What do I do?A11. Nothing if you don’t exit your car such as picking up your child from school. However, if you must exit your vehicle to conduct some business, You may leave your loaded firearm in a case within your locked vehicle (glove box and console count as cases), or locked container out of plain view within the vehicle.
If you need to store your firearm in the trunk of a vehicle, you must unload it before you exit the vehicle.

Q12. What if I drove a motorcycle to a GFZ?A12. Motorcycles are vehicles too. You can store you're loaded or unloaded firearm in a locked container out of plain site(ie within saddlebags) that is securely fastened to the motorcycle.

Q13. By mistake I entered into a GFZ while carrying. What do I do?A13. Immediately exit the premises. No side trips. If you have a vehicle, you may lock the loaded firearm inside the vehicle, or inside a locked compartment in the vehicle, or unloaded it may be locked in the trunk and re-enter the GFZ to finish your business.

Q14. Nuclear facilities or other places prohibited by Federal Law.A14. Sorry, leave your gun at home. Federal prohibition takes precedence.

Q15. Bars and Restaurants. Whats this 50% or more sales from alcohol thing?A15. You are not expected to check the books of every place you go to dine. The law requires bars and restaurants above the 50% alcohol sales threshold to post accordingly. If bar or restaurant is not posted, then it is not a prohibited location.

Q16. Does this bill make all personal firearm sales, without the use of a 3rd party (FFL), illegal?A16. No.

Q17. Can you still transport unloaded and encased?A17. Yes, the bill doesn't change the current transport law for FOID card holders. If you don't have a CC permit, you are by definition not a licensee under the act and thus the prohibitions cannot be applied to you. The bill also preempts units of government from having stricter transportation laws than state statute.

Section 65 Prohibited areas.
Paragraph ( a ) "A licensee under this Act shall not knowingly carry a firearm on or into:"

Q18. Does the vehicle "Safe Harbor" override my employers ban on having a firearm in my vehicle in a company parking lot?A18. The bill allows LICENSEES to store a firearm in your vehicle despite a company policy to the contrary. However, it does not prevent them from taking some sort of action against you as an employee. If you are under a collective bargaining agreement, you should contact your union about how they plan on handling this in the grievance procedure and as a new subject of mandatory bargaining.

Q19. Will this bill allow me to carry while driving a company truck?A19. No the company policy will control that.

Q20. Cook County Forest Preserve.A20. Grounds, buildings, parking lots, etc are all GFZ. However, you may still store a firearm in a vehicle as noted in Section 65, Paragraph ( b )

Q21. What about Forest Preserves outside of Cook County.A21. You may lawfully carry at outdoor locations, trails, parking lots, and outdoor picnic pavilions within a Forest Preserve. Some buildings on Preserve property might possibly be posted because they serve as educational or administrative buildings. Check for signs.

Q22. Can I carry in Illinois on an out of state permit until I get an Illinois permit?A. No.

Q23. What effect does the Illinois CC law have on my non-resident Utah permit?A. At present, no effect. Utah only requires that you have your home state permit if your home state recognizes the Utah permit. Illinois currently will not recognize any out of state permits so you can apply for and renew a Utah permit without the need to have an Illinois permit.

Q24. If there is a prohibited entity on one side of a parking lot and a non-prohibited are on the other, can I carry loaded in the parking lot to the non-prohibited entity?A24. Yes, the shared parking lot doesn’t preclude you from carrying. The only way you can’t carry loaded is if it is a dedicated parking lot for the prohibited entity which would have control. Then, you can carry unloaded/enclosed or leave the weapon in your car.
"All tyranny needs to gain a foothold is for people of good conscience to remain silent."
-Thomas Jefferson-
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Re: Proposed Carry Law FAQs

Postby jimkoz » Thu Jun 06, 2013 7:36 am

Thanks for posting here. Thank you for your hard work in keeping everyone informed.
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Re: Proposed Carry Law FAQs

Postby Feelin' Fowl » Thu Jun 06, 2013 11:27 am

I haven't seen (may have missed it) how long a permit will be good for. Are we looking at $150 every year to renew, or hopefully at least 5 years?

I think this is where something clever about tapatalk should go.
luie b wrote:I think you guys were right.
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Re: Proposed Carry Law FAQs

Postby DRYLOK » Thu Jun 06, 2013 12:45 pm

They will be good for 5 years, however renewals are $150 also with 3 hr of training required. We're going to try and tackle that in the next session and get that changed before anyone is even ready for a renewal.

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