The concealed carry bill, HB0183 (as amended), which passed through the Senate and House by overwhelming majority, is now waiting for Governor Quinn's signature. Please keep in mind that the Governor has not signed the bill, it is not yet law. He still may Veto the bill, or he may use an Amendatory Veto. Since no one knows what the Governor will do, the synopsis of the bill will not be valid if the Governor vetoes it or uses an Amendatory Veto. Many of you have been asking what the bill contains - below is a brief outline. This synopsis of HB1083 is not legal advice.
- One statewide shall-issue licensing standard.
- With regard to concealed carry licenses, preempts local authority of governments to regulate handguns and ammunition for handguns, including licensing, registration, and transportation.
- With regard to FOID card holders, preempts local governments from regulating the transportation of all firearms and ammunition.
- Not preempted are AWB enacted prior to or within 10 days of the enactment of this legislation - after that date, new AWBs would be preempted. Local governments could still regulate rifles and shotguns, but not handguns.
- Grants "safe haven" protection for people carrying concealed while in their vehicle even in prohibited areas.
- Upon exit from their vehicle, the firearm must be locked in their vehicle. If they wish to lock their firearm in their trunk, it must be unloaded before exiting the vehicle.
- License to be issued by the Illinois State Police.
- $150.00 fee for 5 years.
- Requires 16 hours of training, including range time. Up to 8 hours of credit will be recognized for those who had hunter safety, was honorably discharged from the military, or had other CCW training. At this time, states with shorter training time, such as Utah, may only be credited 4 hours. The administrative rules of what the allowances will be, have not yet been determined.
- Private property owners can post their property prohibiting concealed carry. "Safe haven" still applies to their parking lots.
- Restaurants with 50% or more of their receipts from food, but still serving alcohol, are legal to carry in, but are still subject to private property posting by the owners or operators.
- Law enforcement may object to a person they believe to be a "clear and present danger" to themselves or others. Applicants can appeal that decision to the Concealed Carry Licensing Board.
- The State Police have 180 days from the effective date of this bill to be set up to begin processing applications.
- Within 60 days of the effective date of this bill, the Illinois State Police shall begin approval of firearm training courses and instructors.
- There is no reciprocity, but "safe haven" applies to out of state concealed carry permit holders.
Prohibited Places: remember that "safe haven" applies to most of these places:
- Property under control of an elementary or secondary school
- Pre-school or child care facilities
- Property under control of an officer of the legislative or executive branch of government, except DNR regulated areas where firearms are allowed
- Gaming facilities
- Stadiums, arenas, sporting events
- Museums and zoos
- Buildings under the control of local government
- Jails and detention facilities
- Hospitals and mental health facilities
- Mass public transportation
- Public gatherings, but walk through is allowed to get to your home, place of business, or vehicle
- Places that have special event liquor licenses
- Any public park, with an exception for walking or bicycle trails, if only a portion of the trail goes through the park. The walkers and bicyclists must stay on the trail
- Colleges and universities and property under their control; they may develop their own rules
- Any area where firearms are prohibited under federal law
- Nuclear facilities ("safe haven" for the parking area does NOT apply)
The United States District Court has extended the June 8th, 2013 deadline for a concealed carry law to July 8th, 2013. Although I think the Governor will take action before that date, we just will have to wait and see what that action is going to be.
Richard A Pearson