Other notes.
(formatting will be screwy, pasted from word...)
Other technical notes:
* FIX The definition of "Carry" (right now the way it TECHNICALLY reads, you can't CARRY a firearm - unloaded or otherwise - on public transportation, or in to any prohibited place. if you read the explicit English of the bill..
" Section 65. Prohibited areas. 12 (a) A licensee under this Act shall not knowingly carry a firearm into:"
It doesn't say carrying a CONCEALED firearm. Just carrying a firearm, PERIOD. If you unload a firearm, you SHOULD be able to carry it in to a prohibited place such as, well, you know, a TRAIN, or a BUS. This will supersede UUW! It adds a misdemeanor offense for carrying a firearm on public transportation, even if it's unloaded!
* The public housing problem
(Public Housing IS NOT EXEMPT. Units of local government; Pekin Public Housing Authority, Peoria Public Housing Authority, etc, OWN AND OPERATE the buildings of their tenants, which means people living in public housing are EXCLUDED. This is a serious constitutionality issue, particularly on a bill without severability!)
* How you are supposed to take a firearm out of a holster and store it on a motorcycle (or other vehicle) without "brandishing" it, and so on. (Currently you commit a crime if the firearm isn't "fully or partially concealed")
(Every part of the bill for “safe harbor” references “WITHIN” a vehicle. You aren’t “WITHIN” a vehicle if you’re riding a motorcycle…)
* Put teeth in objections by CLEO and denials. Currently there's no damages awarded if they "just mess with you". There should be. Because YOU KNOW that Chicago CLEO is going to object to as many applicants as he possibly can.
* Reduced fees for people who meet a certain income thresh hold.
(Otherwise the state will face a lawsuit on poll taxes…)
* Reduced fees / training requirements for veterans
(Anything “for the veterans” should be easy to swallow)
* Some assurance by the Illinois State Police that they aren't going to create expensive, time consuming bottlenecks by overly restricting certified trainers, or training opportunities.
* Some oversight in to the Panel reviews. E.g. Public quarterly dissertation of How many people denied, from what counties, and for what causes. Also the racial breakdown of denials.
* Reduction of first offense of a "carry prohibited" from a misdemeanor to a petty offense. You shouldn't have to serve jail time if you make an honest mistake (once). (I'd argue that it should ONLY and EVER be a petty offense. Period. But that's probably asking too much).
(Think about that one. You mess up once, get a B class Misdemeanor, sentenced to 30 days in jail. Now you've lost your job.)
* DEFINE the process by which reciprocity will be granted to other states. Right now, there IS none. Which means it will take a legislative ACTION to approve any reciprocity agreements.
* Change this:
(a) Any law enforcement agency may submit an objection to a license applicant based upon CREDIBLE EVIDENCE (struck:reasonable suspicion) that the applicant is a danger to himself or herself or others, or a threat to public safety.
* Change this:
The "arrested X times" crap. Each traffic citation is an "arrest." And just because you are ARRESTED does not mean you have been FOUND GUILTY of a crime. This violates due process.
(You’re setting it up for a constitutional battle with that language)
Fix this
(3) the Board notifies the applicant and the Department 8 that the Board needs an additional 30 days to issue a decision.
The way that is phrased, the board could continually issue "We need another 30 days" to delay processing INDEFINITELY. There is no UPPER LIMIT OR CAP imposed on the amount of times the board can request a 30 day extension!
* Fix this; the state has no business prying in to sealed juvenile court records:
(2) all available state and local criminal history record information files, including records of juvenile adjudications;
(You’re setting it up for a NASTY lawsuit the first time the state police unseal juvenile records)
* extend non-residents to be "within X feet of their vehicle", that way people don't have to disarm to pump gas, use a gas station / rest stop bathroom, etc.
Nothing in this Act shall prohibit a non-resident from transporting a concealed firearm within or in proximity to (new wording) his or her vehicle in Illinois, if the concealed firearm remains within his or her vehicle and the non-resident:
*** REMOVE THE DAMN INDEMNITY.
Right now if the government denies you ABUSIVELY, you cannot SUE THEM.
Section 45. Civil immunity; Board, employees, and agents. The Board, Department, local law enforcement agency, or employees and agents of the Board, Department, or local law enforcement agency participating in the licensing process under this Act shall not be held liable for damages in any civil action arising from alleged wrongful or improper granting, denying, renewing, revoking, suspending, or failing to grant, deny, renew, revoke, or suspend a license under this Act, except for willful or wanton misconduct.
There’s no civil recourse for abuse!
· Remove the ignorant "Notarized" language here. Proof of move doesn't require NOTARIZATION on ANY official change of address. That's just another needless hassle and expense to track down a Notary Public.
(1) a notarized statement that the licensee has changed 24 his or her residence or his or her name, including the prior and current address or name and the date the applicant moved or changed his or her name; and
And remove it here:
(1) a notarized statement that the licensee no longer possesses the license, and that it was lost, destroyed, or stolen;
** This needs to be changed to "WITHIN OR ON" a vehicle, to allow motorcyclists to carry firearms:
26 (B) Notwithstanding subsection (a) of this Section, any licensee prohibited from carrying a concealed firearm into the parking area of a prohibited location specified in subsection 3 (a) of this Section shall be permitted to carry a concealed firearm on or about his or her person within a vehicle into the parking area and may store a firearm or ammunition concealed in a case within a locked vehicle or locked container within the vehicle in the parking area.
Also, need clarification if a locked TOOLBOX in the bed of a PICKUP TRUCK counts as an acceptable container. Right now it specifically says TRUNK. Trucks don’t have TRUNKS.
A licensee may carry a concealed 8 firearm in the immediate area surrounding his or her vehicle 9 within a prohibited parking lot area only for the limited 10 purpose of storing or retrieving a firearm within the vehicle's 11 trunk, provided the licensee ensures the concealed firearm is 12 unloaded prior to exiting the vehicle. For purposes of this 13 subsection, "case" includes a glove compartment or console that 14 completely encloses the concealed firearm or ammunition, the 15 trunk of the vehicle, or a firearm carrying box, shipping box, 16
or other container.
** There is ALSO no legal way for me to DRAW, UNLOAD, AND STORE a firearm on a motorcycle, as it would no longer be fully or partially concealed.
Isn't the language on Intoxication STRICTER for those with Commercial Drivers Licenses? (E.g. .04 instead of .08?) If so, does that mean a commercial truck driver can't carry a firearm after he's had one beer, while other people can drink 2?
(d) A licensee shall not carry a concealed firearm while 7 under the influence of alcohol, other drug or drugs, 8 intoxicating compound or combination of compounds, or any 9 combination thereof, under the standards set forth in 10
subsection (a) of Section 11-501 of the Illinois Vehicle Code.
This portion is what puts teeth in to the "carrying" of unloaded weapons on public transportation. By the way this is written, this act DOES supersede the unlawful use of weapons code.
(f) A licensee convicted or found guilty of a violation of this Act who has a valid license and is otherwise eligible to carry a concealed firearm shall only be subject to the penalties under this Section and shall not be subject to the penalties under Section 21-6, paragraph (4), (8), or (10) of subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5) 26 of paragraph (3) of subsection (a) of Section 24-1.6 of the Criminal Code of 2012. Except as otherwise provided in this subsection, nothing in this subsection prohibits the licensee from being subjected to penalties for violations other than those specified in this Act.
There is NO DEFINITION on how the training courses will be approved here. Or how to apply to become a registered (certified) instructor.
(a) Within 45 days of the effective date of this Act, the Department shall begin approval of firearm training courses and makes a list of approved courses available of the Department's website.
(I also don't see an emergency rule making provision which allows ISP to create a structure for this, but I might have missed it)
There is no "teeth" in this. What's the penalty for failure to keep records?
(f) An instructor shall maintain a record of each student's 16 performance for at least 5 years, and shall make all records 17 available upon demand of authorized personnel of the 18 Department.
(This is odd. I'm reading this as "if you are a certified instructor (of an organization approved by the ISP in #4 of allowed trainers" you don't have to abide by the requirements in this section.)
The placement of the "AND" is worrysome. It should have been a list separated by semicolons. Because it appears you must comply with ALL of those to be allowed to skip the requirements of the section.
(h) 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 the Illinois Law Enforcement Training Standards Board, and 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.
This is overly vague and can be subjected to ISP abuse.
(C) A person seeking to become a certified firearms instructor shall: (1) be at least 21 years of age; (2) be a legal resident of the United States; and (3) meet the requirements of Section 25 of this Act, and any additional uniformly applied requirements 25 established by the Department.
This is a problem. The way it's phrased you either have to have (A) *OR* (B) AND (C) AND (D).
(d) A person seeking to become a certified firearms instructor trainer, in addition to the requirements of subsection (C) of this Section, shall:
possess a high school diploma or GED certificate; and (2) have at least one of the following valid firearms instructor certifications: (A) certification from a law enforcement agency; or (B) certification from a firearm instructor course offered by a State or federal governmental agency; (C) certification from a firearm instructor qualification course offered by the Illinois Law 14 Enforcement Training Standards Board; and (D) certification from an entity approved by the Department that offers firearm instructor education and training in the use and safety of firearms.
(it should be A *OR* B *OR* C *OR* D, correct???)
This also means that any NRA certified instructors must WAIT until their instructors (training counselors) are approved by the above process, if NRA certified instructors are to become firearms instructors??
With the mandatory revocation requirements, and other processes we must go through (training, etc), this portion should be extended to WAIVE waiting periods once your instant NICS check (or FTIP) is completed.
Section 85. Background Checks for Dealer Sales. A license to carry a concealed firearm issued by this State shall not exempt the licensee from the requirements of a background check, including a check of the National Instant Criminal Background Check System, upon purchase or transfer of a firearm.
Applicant should be reimbursed all legal expenses if they fight and win a bogus denial here:
(B)All final administrative decisions of the Department or the Concealed Carry Licensing Review Board under this Act shall be subject to judicial review under the provisions of the Administrative Review Law. The term "administrative decision"
is defined as in Section 3-101 of the Code of Civil Procedure.
Does not give ISP "emergency" rule making powers. It NEEDS to if they will implement this in any reasonable amount of time.
Section 95. Rulemaking. The Department shall adopt rules to implement the provisions of this Act.
And that's just the carry portion.
