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Tuesday, July 9, 2013

FAQ - Illinois CCW



Well, it's official - for now.  Illinois joins the other 49 States in the Union and finally has a law on the books to allow normal every day citizens the means to protect themselves from evil doers abroad.  But the new bill, as with all legal bills coming out of Illinois, has so many questions and concerns for us law abiding citizens...so this is an attempt to answer a few of those questions.

Keep in mind, this is subject to change at any time - and most likely will, due to politics!

So it benefits you to stay up on these laws yourself...  The answer to each question will come straight from the bill its self - HB183 ... now...onward w/ the FAQ (in no particular order):

What will I have to do to get a permit to carry a concealed firearm?
Illinois law will require you first and foremost to obtain a FOID card.  You can click on that link to learn more about the fees and documentation required.

Once you have a FOID card, you will have to apply for a CCP (concealed carry permit).  At this time, the Illinois State Police has no official application.  As of this moment, the ISP has 180 days to create an application process, so you have some waiting to do, because you can guarantee they'll use up every last second of that 180 days.

A few points to take from Section 75 of the Bill its self (HB 183)

Applicants for a CCP will have to provide proof of completion of a firearms training course, or a combination of courses approved by the Department of at least 16 hours of training.  (We don't know all the approved courses yet, time will tell when the ISP starts listing them)  Your courses will require training in the following areas:
  • Firearm Safety
  • Basic principles of marksmanship
  • care, cleaning, loading, and unloading of a concealable firearm
  • knowledge of all state and federal laws relating to the ownership, storage, carry, and transportation of a firearm
  • instruction on the appropriate and lawful interaction with law enforcement while transporting a concealed firearm
At this time, if you are active, retired, or honorably discharged member of the United States Armed Forces, you will receive 8 hours credit towards the 16 hours required training time.  The bill also allows the State Police to grant you 8 hours credit for successful completion of other courses, but those have not yet been named, as the bill states:

The Department and certified firearms instructor shall
        recognize up to 8 hours of training already completed toward
        the 16 hour training requirement under this Section if the
        training course is approved by the Department and recognized
        under the laws of another state.
 At this point - there's speculation that this would include Hunters Safety Course completion.  But, to my knowledge, that has not yet been made official, and will be up to the Illinois State Police.

The bill also states as possible other exemptions:

A person who has qualified to carry a firearm as an
        active law enforcement officer, a person certified as a
        firearms instructor by this Act or by the Illinois Law
        Enforcement Training Standards Board, or a person who has
        completed the required training and has been issued a firearm
        control card by the Department of Financial and Professional
        Regulation shall be exempt from the requirements of this
        Section.


What will I be trained on?




That's an excellent question - and luckily the bill provides a good starting point.  First and foremost, you'll be required to know the laws and tested on them.  So, while it may be seriously boring to you, it really benefits you to start asking questions and actually READING THE LAW ITS SELF now.  Don't take my word as an answer - go figure things out on your own and don't trust what other people tell you.  People can offer advice, but knowing the law will be YOUR responsibility - so don't let someone tell you the wrong thing!

The training requirements on the range will be:

Tested on a minimum of 30 rounds fired at a target from 3 different distances.
  • 10 rounds from a distance of 5 yards
  • 10 rounds from a distance of 7 yards
  • 10 rounds from a distance of 10 yards
All must be fired at a B-27 silhouette target approved by the Department.  (click here to buy some now) and you must hit at least 70% of the rounds fired.  It's fair to say this test will almost certainly be timed (so you will need to work on accuracy and reasonable speed)

 You will automatically be disqualified if you:

  • Do not follow the orders of the certified firearms instructor
  • If the instructor finds that you are handling the firearm in a manner that poses danger to yourself or others
  • You fail the 70% accuracy rating
At this time - I have not been able to find the waiting period to "redo" testing in the event you fail.  But it's pretty simple:  Don't fail.  You have a long time until the actual application process will begin, get training now!  





Where will I be allowed to carry a concealed firearm?




This, like so many other things, is subject to change quickly...but for the time being, HB183 specifies the following as:

Statutorily Prohibited Places:  These are places that the bill describes exclusively.  These locations will not be required to post signs to remind you...  While this is a VERY LONG LIST - it will be imperative that you memorize it completely...your future literally does depend on it...According to the bill, those locations are:

(1) Any building, real property, and parking area under the control of a public or private elementary or secondary school.

(2) Any building, real property, and parking area under the control of a pre-school or child care facility, including any room or portion of a building under the control of a pre-school or child care facility. Nothing in this paragraph shall prevent the operator of a child care facility in a family home from owning or possessing a firearm in the home or license under this Act, if no child
under child care at the home is present in the home or the firearm in the home is stored in a locked container when a child under child care at the home is present in the home.

3) Any building, parking area, or portion of a building under the control of an officer of the executive or legislative branch of government, provided that nothing in this paragraph shall prohibit a licensee from carrying a concealed firearm onto the real property, bikeway, or trail in a park regulated by the Department of Natural Resources or any other designated public hunting area or building
where firearm possession is permitted as established by the Department of Natural Resources under Section 1.8 of the Wildlife Code.

(4) Any building designated for matters before a circuit court, appellate court, or the Supreme Court, or any building or portion of a building under the control of the Supreme Court.

(5) Any building or portion of a building under the control of a unit of local government.

(6) Any building, real property, and parking area under the control of an adult or juvenile detention or correctional institution, prison, or jail.

(7) Any building, real property, and parking area under the control of a public or private hospital or hospital affiliate, mental health facility, or nursing home.

(8) Any bus, train, or form of transportation paid for in whole or in part with public funds, and any building, real property, and parking area under the control of a public transportation facility paid for in whole or in part with public funds.

(9) Any building, real property, and parking area under the control of an establishment that serves alcohol on its premises, if more than 50% of the establishment's gross receipts within the prior 3 months is from the sale of alcohol. The owner of an establishment who knowingly fails to prohibit concealed firearms on its premises as provided in this paragraph or who knowingly makes a false  statement or record to avoid the prohibition on concealed firearms under this paragraph is subject to the penalty under subsection (c-5) of Section 10-1 of the Liquor Control Act of 1934.

(10) Any public gathering or special event conducted on property open to the public that requires the issuance of a permit from the unit of local government, provided this prohibition shall not apply to a licensee who must walk through a public gathering in order to access his or her residence, place of business, or vehicle.

(11) Any building or real property that has been issued a Special Event Retailer's license as defined in Section 1-3.17.1 of the Liquor Control Act during the time designated for the sale of alcohol by the Special Event Retailer's license, or a Special use permit license as defined in subsection (q) of Section 5-1 of the Liquor Control Act during the time designated for the sale of alcohol by the Special use permit license.

(12) Any public playground.

(13) Any public park, athletic area, or athletic facility under the control of a municipality or park district, provided nothing in this Section shall prohibit a licensee from carrying a concealed firearm while on a trail or bikeway if only a portion of the trail or bikeway includes a public park.

(14) Any real property under the control of the Cook County Forest Preserve District.

(15) Any building, classroom, laboratory, medical clinic, hospital, artistic venue, athletic venue, entertainment venue, officially recognized university-related organization property, whether owned or leased, and any real property, including parking areas, sidewalks, and common areas under the control of a public or private community college, college, or university.

(16) Any building, real property, or parking area under the control of a gaming facility licensed under the Riverboat Gambling Act or the Illinois Horse Racing Act of 1975, including an inter-track wagering location licensee.

(17) Any stadium, arena, or the real property or parking area under the control of a stadium, arena, or any collegiate or professional sporting event.

(18) Any building, real property, or parking area under the control of a public library.

(19) Any building, real property, or parking area under the control of an airport.

(20) Any building, real property, or parking area under the control of an amusement park.

(21) Any building, real property, or parking area under the control of a zoo or museum.

(22) Any street, driveway, parking area, property, building, or facility, owned, leased, controlled, or used by a nuclear energy, storage, weapons, or development site or facility regulated by the federal Nuclear Regulatory Commission. The licensee shall not under any circumstance store a firearm or ammunition in his or her vehicle or in a compartment or container within a vehicle located anywhere in or on the street, driveway, parking area, property, building, or facility described in this paragraph.

(23) Any area where firearms are prohibited under federal law.


Currently - you are allowed to carry in *ANY* privately owned establishment (unless its revenue is more than 50% alcohol).  That property owner, however, may post signs saying Concealed Carry firearms "not welcome here".  Signs must be clearly posted in order for it to be considered an offense for your to carry there...all other exceptions are listed in the 23 entries above.  Memorize them.


Anything else I need to know right now?

Lots of things - but start by reading the bill its self.  I know it's long, I know it's boring, but if you're serious about being a law abiding gun owner, you NEED to know the law that we must adhere to...ignorance of the law is no excuse to breaking it.

A few points off the top of my mind:
  • Do NOT drink alcohol while carrying a firearm.  It's just like your car - don't' drink and drive...don't drink and carry.
  • You are REQUIRED to immediately inform a police officer, when asked, if you are carrying a concealed firearm.
  • Get training.  If you've never had formal training with a handgun, you could use it, trust me.  It's not as easy as Hollywood makes it seem.  How can you protect yourself if none of your bullets hit their mark?
  • If you haven't already applied for your FOID - go do the application RIGHT NOW.  The wait times are already huge, and they're about to get longer!
  • If you already have a FOID - start looking for which firearm you want to carry.  You'll find a million different people with 2 million different opinions ... it's best if you find some friends who own some handguns, and try out theirs (make sure you pay for your own ammo...that stuff is expensive!!!) or find a range that will allow you test out many different varieties of firearms so you can figure out what best suits you.
  • Figure out "where am I going to carry?" in terms of on your body - and for the love of all that is holy, ladies, do not get a concealed carry purse.  You need this firearm on your body - if a crook steals your purse by surprise, you're double screwed.
  • While the bill calls for "Mostly concealed" in relation to the firearm - it will still need to be completely concealed.  You can't have the butt of your gun sticking out of your waist band...while at the same time, if your reach up on a shelf to get something up high, and your shirt lifts with you, the "mostly concealed" clause will kick in and prevent you from being busted for accidentally exposing your firearm.
I'll post other major topics as they pop up - but for now, this, I hope, will answer a lot of the bigger questions.  If you have any more, please hit me up on Facebook, or leave a comment below.