Concealed Carry of Firearms
Illinois Concealed Carry Law
Recently the State of Illinois enacted a concealed carry law which allows individuals to carry a firearm in Illinois. The “Firearm Concealed Carry Act” link provides additional general information as well as answers to frequently asked questions regarding the new law. In addition to providing the regulations by which the individuals can carry a firearm, the law also allowed certain municipalities to enact a ban on assault type weapons.
The Village of Fox Lake has taken no action on such a ban, based upon a number of factors including the ten day time frame enacted by the legislature during which municipalities would have to enact the ban (and which did not allow time for a public hearing or Village Board meeting on the issue), as well as a significant legal issue as to whether non-home rule communities such as Fox Lake could enact such a ban on assault weapons. Village officials believe that a ban on assault weapons would be much more effective and enforceable at the State of Federal level, and encourages anyone interested in such a ban to contact our local legislators.
Firearm Concealed Carry Act
Here is a list of “frequently asked questions” and information regarding the recent legislation that passed in Illinois authorizing the concealed carry (CCL) of firearms in Illinois.
“Concealed firearm” means a loaded or unloaded handgun carried on or about a person completely or mostly concealed from view of the public or on or about a person within a vehicle.
Who can carry a concealed firearm in Illinois?
The criteria for carrying a concealed firearm in Illinois include:
Must be at least 21 years of age.
Must have a current FOID card and at the time of application, meet the requirements for the issuance of a FOID card, and not be prohibited under the FOID Act of federal law from possessing or receiving a firearm.
Must not have been convicted of any felony, or a misdemeanor involving the use or threat of physical force or violence to any person within the 5 years preceding the date of application, or 2 or more violations for DUI alcohol or drugs within the previous 5 years, AND is not the subject of a pending arrest warrant, prosecution, or proceeding for an offense or action that could lead to disqualification from carrying a firearm; has not been in residential or court ordered treatment for alcoholism or drug treatment within the previous 5 years, AND has completed firearms training and education as required under the Act.
Application must include a full set of fingerprints submitted in an electronic format, head and shoulder color photograph taken within 30 days of application, release form for background check, and a photocopy of any certificates documenting compliance with training under the Act.
Applicant must undergo a background check to ensure compliance of this Act and all federal, State, and local laws.
How much is the application process?
$150 for residents, $300 for non-residents, submitted with the application for both new and renewal applications.
How long is the concealed carry license good for?
5 years, then it can be renewed every 5 years by submitting a renewal application, which will include all of the previous requirements except a full set of fingerprints.
Do I have to notify the State of a change of address?
Yes, within 30 days of the change of address.
What if my license is lost or stolen?
You must report it as such within 10 days.
Are there areas where I cannot carry a concealed weapon once I have my license?
A licensee under this Act shall not carry a firearm into:
- Any building, real property, parking area under the control of a public or private school, preschool, or child care facility,
- Any building, parking area, or portion of a building under the control of an officer of the executive or legislative branch of government, except where permitted by the Department of Natural Resources (hunting).
- Any court building
- Any building or portion of a building under the control of a unit of local government
- Any building, real property, and parking area of a detention or correctional institution, prison, or jail
- Any building, real property, and parking area of any hospital, hospital affiliate, mental health facility, or nursing home
- Any public transportation, or building, or parking area associated with same
- Any building, real property, and parking area of an establishment if more than 50% of gross receipts is from the sale of alcohol
- Any public gathering or special event conducted on property open to the public that requires the issuance of a permit from a local government, or where alcohol is served
- Any public playground
- Any public park, athletic area, or athletic facility under the control of a municipality
- Cook County Forest Preserve District property
- College, Community College, or Universities unless authorized to do so
- Gaming facility, including off track betting facilities
- Public Library properties
- Airport properties
- Amusement Parks, zoo, museum
- Nuclear facilities
I am the owner of a private business. Can I prohibit licensees from carrying a concealed weapon on the property I own?
The owner of private real property of any type may prohibit the carrying of a firearm under his/her control, provided the owner must post a sign indicating firearms are prohibited, unless the property is a private residence. The sign shall be clearly posted at the entrance of a building, premises, or real property. Signs shall be uniform as established by the Illinois State Police and shall be 4 inches by 6 inches in size. (rules are being developed now)
Can I leave my weapon in a vehicle in order to enter a location that prohibits concealed carry?
Yes, weapons can be stored in a locked vehicle within a locked container where they are out of plain view. Licensees can briefly carry or retrieve the weapon (from the driver’s seat to the trunk) in order to place it in a locked container for storage. Other forms of acceptable storage include the trunk, glove compartment, console, firearm carrying box, or other container that completely encloses the firearm or ammunition.
Do I have to tell a police officer I am carrying a weapon?
Yes, you have a duty to inform a police officer you are carrying a firearm if asked and you must provide your CCL so the officer can verify who you are and confirm your right to carry a firearm. Failure to do so is a Class B Misdemeanor and subjects you to arrest and fine.
Violations of the Act
- Licenses shall be revoked if the licensee is no longer eligible or no longer meets the eligibility requirements of the FOID Card Act.
- Licenses shall be suspended if an order of protection is issued under the Domestic Violence Act. In this case the license shall be surrendered in the court of jurisdiction or to the law enforcement agency serving the order of protection. Said law enforcement agency shall return the license to the State within 7 days of its receipt.
- License shall become invalid upon expiration, unless the licensee has submitted an application for renewal.
- A licensee shall not carry a concealed firearm while under the influence of alcohol or drugs.
- Violations can result in a class A or B misdemeanor charge and a fine of $150, plus court costs. Subsequent violations can result in a Felony charge, a fine, and permanent revocation of the license.
Within 60 days of this Act, the Illinois State Police will post approved firearms training courses on the Department’s website. Applicants must provide proof of completion of a firearms training course which includes range qualification and firearms safety, the basic principles of marksmanship, how to care, clean, load and unload the firearm, and applicable State and Federal laws relating to ownership, storage, carry, transportation of firearms, and appropriate lawful interaction with law enforcement.
Where can I access the full text of the legislation on “conceal carry” in Illinois?
Public Act 098-0063 containing the language can be found at the below link: