Illinois Concealed Carry Law

 Posted on May 27, 2016 in Weapons

The new bill that lawmakers have introduced potentially will allow firearms on public transportation. Illinois representative, Jerry Costello, introduced the law to extend citizens Second Amendment rights to public transportation, citing that with the large percentage of the population relying on public transportation, they should be able to defend themselves. Although the bill has only been proposed and is awaiting the vote of the house, if it were to pass, those who wanted to carry would need to obtain their concealed carry license, or face firearm possession charges.

How to Obtain an Illinois Concealed Carry License

As of July 9, 2013, Illinois passed the Concealed Carry Act, requiring an Illinois Concealed Carry License in order to legally conceal carry within the state. With that being said, the process of earning one of those licenses is still relatively new to the state. In order to even begin the application process, citizens must meet a few eligibility requirements:

• Be at least 21 years of age or older;
• Have a valid Firearm Owner’s Identification Card;
• In the last five years been convicted of either assault or battery;
• Within the past five years had two or more traffic incidents related to drugs or alcohol;
• Not subject to arrest warrant or a court hearing for anything that could potentially disqualify you;
• Have not been court ordered to seek substance abuse counseling in the last five years; and
• No objections are filed by law enforcement officials.

If the eligibility requirements are met, then you may proceed with the following steps to be approved for your license:

• Register for an Illinois State Police website user ID and password;
• Complete 16 hours of firearm safety training from an Illinois State Police approved instructor (proven by uploading the training certificate);
• Upload a photograph of yourself that has been taken within the last 30 days (passport style just head and shoulders from the front);
• Send in a copy of a valid State Driver’s License or State Identification Card;
• Be able to provide residency for the previous 10 years;
• Get fingerprints taken; and
• Send in the application fee of $150.00.

If everything is above is received the Illinois State Police Department and all eligibility requirements are met, a Concealed Carry Permit will be issued within 90 days of receipt. If a background check is needed in lieu of fingerprints, an additional 30 days will be needed. However, until you have your Concealed Carry Permit in hand, do not proceed to conceal carry. You must have the permit with you every time you carry, otherwise you will be at risk of firearm possession charges.

Firearm Charges and Potential Penalties

It is illegal to carry a firearm in the state of Illinois without the proper permits. The state is strict on gun control laws. Even if you are not intending on carrying the weapon and prefer to have it for home defense, a you must be in possession of a Firearm Owner’s Identification Card. The following is a list of charges and potential penalties with regards to firearms:

• Possession of a Firearm: Knowingly carrying a pistol, revolver, taser, stun gun or other firearm. The first offense is a Class A misdemeanor (up to one year in jail and a fine of up to $2,500). A second charge leaps to a Class 3 felony, as well as carrying 1,000 feet of a school, public housing project, courthouse, or public park;
• Possession of a Firearm in an Establishment That Sells Alcohol: It is a Class 4 felony to carry in an establishment that sells intoxicating beverages; and
• Possession of a Machine Gun: Knowingly carrying or possessing a machine gun is a Class 2 felony, which mandates three to seven years in jail. If there are bullets loaded, it becomes a Class X felony, which is punishable by six to 30 years in prison and fines of up to $25,000.

As previously stated, firearm offenses are not taken lightly in the state of Illinois. Having someone with ample experience is of the utmost importance in your case. You need someone who is aggressive and bold, someone who will fight your case for you. Having the wrong attorney could be a decision you will regret for the rest of your life. If you are looking for an experienced Chicago criminal defense attorney who will make the courtroom agree with your side of the case, call us today for your consultation.

Sources:

http://www.wgem.com/story/31439010/2016/03/10/illinois-house-proposes-bill-could-allow-concealed-carry-on-public-transportation

http://www.usacarry.com/illinois_concealed_carry_permit_information.html

https://ispfsb.com/Public/CCL.aspx

https://isp.state.il.us/foid/secure/foidinquiry.cfm