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| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3459 Introduced , by Rep. Charles E. Meier SYNOPSIS AS INTRODUCED:
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Amends the Firearm Concealed Carry Act. Provides that the provision that the Department of State Police may suspend a license for up to 6 months for a second violation for carrying a concealed firearm while under the influence of alcohol, other drug or drugs, intoxicating compound or combination of compounds, or any combination thereof, or for carrying a firearm into a prohibited place only applies if the second violation was committed within 18 months of the preceding violation. Effective immediately.
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| | A BILL FOR |
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| | HB3459 | | LRB099 10390 RLC 30617 b |
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| 1 | | AN ACT concerning safety.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Firearm Concealed Carry Act is amended by |
| 5 | | changing Section 70 as follows:
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| 6 | | (430 ILCS 66/70)
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| 7 | | Sec. 70. Violations. |
| 8 | | (a) A license issued or renewed under this Act shall be |
| 9 | | revoked if, at any time, the licensee is found to be ineligible |
| 10 | | for a license under this Act or the licensee no longer meets |
| 11 | | the eligibility requirements of the Firearm Owners |
| 12 | | Identification Card Act. |
| 13 | | (b) A license shall be suspended if an order of protection, |
| 14 | | including an emergency order of protection, plenary order of |
| 15 | | protection, or interim order of protection under Article 112A |
| 16 | | of the Code of Criminal Procedure of 1963 or under the Illinois |
| 17 | | Domestic Violence Act of 1986, is issued against a licensee for |
| 18 | | the duration of the order, or if the Department is made aware |
| 19 | | of a similar order issued against the licensee in any other |
| 20 | | jurisdiction. If an order of protection is issued against a |
| 21 | | licensee, the licensee shall surrender the license, as |
| 22 | | applicable, to the court at the time the order is entered or to |
| 23 | | the law enforcement agency or entity serving process at the |
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| 1 | | time the licensee is served the order. The court, law |
| 2 | | enforcement agency, or entity responsible for serving the order |
| 3 | | of protection shall notify the Department within 7 days and |
| 4 | | transmit the license to the Department. |
| 5 | | (c) A license is invalid upon expiration of the license, |
| 6 | | unless the licensee has submitted an application to renew the |
| 7 | | license, and the applicant is otherwise eligible to possess a |
| 8 | | license under this Act. |
| 9 | | (d) A licensee shall not carry a concealed firearm while |
| 10 | | under the influence of alcohol, other drug or drugs, |
| 11 | | intoxicating compound or combination of compounds, or any |
| 12 | | combination thereof, under the standards set forth in |
| 13 | | subsection (a) of Section 11-501 of the Illinois Vehicle Code. |
| 14 | | A licensee in violation of this subsection (d) shall be |
| 15 | | guilty of a Class A misdemeanor for a first or second violation |
| 16 | | and a Class 4 felony for a third violation. The Department may |
| 17 | | suspend a license for up to 6 months for a second violation |
| 18 | | committed within 18 months of the preceding violation and shall |
| 19 | | permanently revoke a license for a third violation. |
| 20 | | (e) Except as otherwise provided, a licensee in violation |
| 21 | | of this Act shall be guilty of a Class B misdemeanor. A second |
| 22 | | or subsequent violation is a Class A misdemeanor. The |
| 23 | | Department may suspend a license for up to 6 months for a |
| 24 | | second violation committed within 18 months of the preceding |
| 25 | | violation and shall permanently revoke a license for 3 or more |
| 26 | | violations of Section 65 of this Act. Any person convicted of a |
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| 1 | | violation under this Section shall pay a $150 fee to be |
| 2 | | deposited into the Mental Health Reporting Fund, plus any |
| 3 | | applicable court costs or fees. |
| 4 | | (f) A licensee convicted or found guilty of a violation of |
| 5 | | this Act who has a valid license and is otherwise eligible to |
| 6 | | carry a concealed firearm shall only be subject to the |
| 7 | | penalties under this Section and shall not be subject to the |
| 8 | | penalties under Section 21-6, paragraph (4), (8), or (10) of |
| 9 | | subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5) |
| 10 | | of paragraph (3) of subsection (a) of Section 24-1.6 of the |
| 11 | | Criminal Code of 2012. Except as otherwise provided in this |
| 12 | | subsection, nothing in this subsection prohibits the licensee |
| 13 | | from being subjected to penalties for violations other than |
| 14 | | those specified in this Act. |
| 15 | | (g) A licensee whose license is revoked, suspended, or |
| 16 | | denied shall, within 48 hours of receiving notice of the |
| 17 | | revocation, suspension, or denial, surrender his or her |
| 18 | | concealed carry license to the local law enforcement agency |
| 19 | | where the person resides. The local law enforcement agency |
| 20 | | shall provide the licensee a receipt and transmit the concealed |
| 21 | | carry license to the Department of State Police. If the |
| 22 | | licensee whose concealed carry license has been revoked, |
| 23 | | suspended, or denied fails to comply with the requirements of |
| 24 | | this subsection, the law enforcement agency where the person |
| 25 | | resides may petition the circuit court to issue a warrant to |
| 26 | | search for and seize the concealed carry license in the |
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| 1 | | possession and under the custody or control of the licensee |
| 2 | | whose concealed carry license has been revoked, suspended, or |
| 3 | | denied. The observation of a concealed carry license in the |
| 4 | | possession of a person whose license has been revoked, |
| 5 | | suspended, or denied constitutes a sufficient basis for the |
| 6 | | arrest of that person for violation of this subsection. A |
| 7 | | violation of this subsection is a Class A misdemeanor. |
| 8 | | (h) A license issued or renewed under this Act shall be |
| 9 | | revoked if, at any time, the licensee is found ineligible for a |
| 10 | | Firearm Owner's Identification Card, or the licensee no longer |
| 11 | | possesses a valid Firearm Owner's Identification Card. A |
| 12 | | licensee whose license is revoked under this subsection (h) |
| 13 | | shall surrender his or her concealed carry license as provided |
| 14 | | for in subsection (g) of this Section. |
| 15 | | This subsection shall not apply to a person who has filed |
| 16 | | an application with the State Police for renewal of a Firearm
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| 17 | | Owner's Identification Card and who is not otherwise ineligible |
| 18 | | to obtain a Firearm Owner's Identification Card.
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| 19 | | (i) A certified firearms instructor who knowingly provides |
| 20 | | or offers to provide a false certification that an applicant |
| 21 | | has completed firearms training as required under this Act is |
| 22 | | guilty of a Class A misdemeanor. A person guilty of a violation |
| 23 | | of this subsection (i) is not eligible for court supervision. |
| 24 | | The Department shall permanently revoke the firearms |
| 25 | | instructor certification of a person convicted under this |
| 26 | | subsection (i). |