1. Applicants must be 21 years of age and have FOID Card (exceptions for applicants ages 18-20 when certain conditions met)
2. Applicants currently possessing FOID card must meet all newly enacted requirements for FOID card.
3. Applicants must not be ineligible under federal law or the law of any other state
4. Applicants cannot have any outstanding federal or state warrants
5. Applicants may not have been in-patient for residential substance treatment for last 5 years
6. Applicants must not have been convicted or granted court supervision for offenses involving the threat of physical force or violence in past 5 years.
7. Applicants must not have been convicted or granted court supervision for 2 or more violations of DUI or DUI involving drugs or other illegal substances in past 5 years.
8. Must have completed 16 hours firearms training. (Eligibility for credit based upon prior certified training, or prior military and/or prior law enforcement background.)
B. OTHER IMPORTANT CONSIDERATIONS
1. Applicants shall be required to state whether he/she has failed a drug test for a drug for which the applicant did not have a prescription in the past year and provide details of same.
2. The law does allow for non-residents to make application subject to restrictions.
3. Required training shall require live fire exercise (70% proficiency at 5, 7 and 10 yards).
4. Law Enforcement may raise objections to any application based upon background, arrest history etc.
5. Any credible evidence that the applicant is a person whose mental condition poses a CLEAR AND PRESENT DANGER to the applicant or the community can serve as be a basis for denial.
C. PROHIBITED AREAS
Note the following areas adjoining parking lots unless otherwise indicated.
1. Public or Private Schools
2. Child Care or Preschool Facility
3. Court or Government Buildings
4. Correctional Centers or Jails
5. Hospitals, Mental Health Facilities or Nursing Homes
6. Any building housing a business that will show more than 50% of its sales from alcohol in any 90 day period.
7. Any area designated by any unit of government as the site for a special event.
8. Public Playgrounds and Parks
9. Cook County Forest Preserve District Property.
10. Areas designated for use by colleges/university for any purpose.
11. Riverboats, Horsetracks and Off Track Betting Gaming Areas and Businesses
12. Libraries, Airports, Amusement Parks, Museums, Zoos
13. Nuclear Energy Facilities
D. APPEAL RIGHTS
1. If an application is denied, the aggrieved applicant is entitled to a hearing before the DIRECTOR OF THE STATE POLICE unless the application is denied by the new CONCEAL CARRY REVIEW BOARD.
2. The CONCEAL CARRY REVIEW BOARD will be made up of specially appointed individuals, the majority of which having had accomplished careers in federal law enforcement with one having extensive experience in the mental health field.
3. In cases where an application has been denied by the CONCEAL CARRY REVIEW BOARD, the aggrieved applicant may appeal directly to the Circuit Court in the applicant’s county of residence.
4. In cases where an application has been denied after the applicant has had a hearing with the DIRECTOR OF THE STATE POLICE, the aggrieved applicant may appeal directly to the Circuit Court in the applicant’s county of residence.
JULY 2014 UPDATE
As a direct result of the more than 200 lawsuits that have been filed throughout the state, a number of which by this office, by applicants who have been denied their conceal carry license by the CONCEAL CARRY LICENSE REVIEW BOARD, (hereinafter THE BOARD), the Illinois State Police have recently adopted new rules which the agency believes will remedy issues raised by aggrieved applicants.
In light of the new rules, many of the cases which have been filed in the circuit court are being remanded back to the Illinois State Police for new consideration by the BOARD under the authority and guidelines established by the new rules.
It is the opinion of this office that all applicants MUST be keenly aware of the following STRICT REQUIREMENTS under the new rules promulgated by the Illinois State Police:
1. The new rules do not provide any direction as to the procedure applicants whose court cases have been remanded back to the State Police are to follow to have their files get a “second look” by the BOARD. In our opinion, an applicant’s failure to apprise the appropriate parties that he or she is requesting this second review may lead to their file “BEING LOST IN THE SHUFFLE” and CAUSING A SIGNIFICANT DELAY IN OR NEVER RECEIVING ANOTHER REVIEW.
2. In the course of any “first time” review or any second time review on remand, the applicant is not entitled to a hearing. If, upon considering the law enforcement objection, the BOARD determines a need for additional information, the applicant, shall have 10 DAYS after the date of notification to submit the requested information. THE BOARD, SOLELY AT THEIR DISCRETION, MAY ALSO REQUIRE A HEARING TO ADDRESS ISSUES REMAINING UNRESOLVED .
3. Failure to provide the requested information within 10 DAYS will empower the BOARD to render a FINAL DECISION based upon only the information which is in the applicant’s file at the time of the vote.
4. After the applicant is then notified of the BOARD’s FINAL DECISION, THEN AND ONLY THEN may a first time applicant who is denied, or a second time “remand” applicant who is denied, file a COMPLAINT FOR ADMINISTRATIVE REVIEW OF THE BOARD’S DECISION in the circuit court.
5. PLEASE REFERENCE OUR MAY 2014 UPDATE to view our recommendations which we advise you to consider prior to attempting any litigation in the circuit court.
6. It remains to be seen whether those “remand” applicants who have been denied a second time by the BOARD will have to pay another filing fee should they have to re-file a petition for administrative review in the circuit court.
ANYONE HAVING QUESTIONS OR SEEKING FURTHER INFORMATION IS WELCOME TO CONTACT US DIRECTLY.
NOTE TO READERS:
The information on this website provides brief highlights of the text of HB183 which is 186 pages long. You are encouraged to submit your questions and comments to which you will receive a timely response. In addition, you are invited to review the credentials of our staff which are highly qualified to answer any questions, address any concerns and provide legal representation should you deem it necessary.