Presentation on theme: "C OLONEL M ARC M ATON M ARC. ISP. STATE. IL. US Concealed Carry Act I LLINOIS S TATE P OLICE."— Presentation transcript:
C OLONEL M ARC M ATON M ARC. MATON @ ISP. STATE. IL. US Concealed Carry Act I LLINOIS S TATE P OLICE
Topics Day in the Life of an Application Resources Implementation Training ISP Legal – Joint Committee on Administrative Rules (JCAR) » Concealed Carry » Firearm Owner’s Identification (FOID) 2
Timeline Review 1.Illinois Concealed Carry Law passed on or around July 1, 2013 2.Vendor Contracts Awarded on September 13, 2013 (Appriss & CPI) 3.Appriss Infrastructure Completed on or around December 2, 2013. 4.CCL Soft Release I: Illinois Certified Instructor December 18, 2013 5.ISP Review Board Members Named: December 27, 2013 6.CCL Soft Release II: IL Citizens with Fingerprints January 2, 2014 7.CCL Full Release to all Illinois Citizens: January 5, 2014 8.Implement CCL Board Member Functionality: January 24, 2014 3
1.Established interfaces with CPI, ISP (CHRI, FOID), CMS (TruePass), Secretary of State (Driver’s License), & Office of the Treasurer (Forte PS) 2.Released a Web-Based CCL application enrollment & E-Commerce website. 3.Implemented a Appriss-Hosted CJIS-Compliant Infrastructure (Hardware & Software) 4.Delivered electronic jurisdictional inboxes & objection filing functionality for Illinois Law Enforcement Agencies. 5.Implemented a thick-client application to process CCL license applications. (Initiate & review BG checks, ensure accurate photos & training, generate & manage correspondence, reporting & analysis, etc.) 6.Installed & configured the Datacard 2100 for the printing of CCL licenses and correspondence. Completed Projects 4
ISP Concealed Carry Licensing Project Overview Outstanding ISP CCL Work Items 1.Implement the ISP CCL Review Board functionality. (Target: 1/24/2014) 2.Implement an Alternative CCL Submission Process 3.Provide new functionality to register and certify ISP Concealed Carry Trainers. (TBD) 4.Design, Develop, & Implement items on the ISP CCL Enhancement List. 5.Rewrite of FOID process (Target 10/1/14)
ISP Responsibilities Certify instructors and curriculum– September 6, 2013 Launch a searchable database capable of listing approved firearms instructors by September 6, 2013. Design a “Prohibited Area” sign for citizens to download Create “Emergency Rules” for implementation of the program Create an application by January 5, 2014. 6
ISP Responsibilities Provide application information to law enforcement within 10 days of receipt via a searchable database for 30 day objection period. Issue Concealed Carry License within 90 days of receipt. Manage the Objection Process – Package and forward objections to the Concealed Carry Licensing Review Board. 7
Everyone who wants to carry a concealed firearm on his/her person in Illinois is required to have an Illinois Concealed Carry License Except current peace officers and retired police officers eligible under a federally approved retired officer carry program; such as, the Illinois Retired Officer Concealed Carry (IROCC) Program. Retired officers may be eligible to carry under either the IROCC Program or the Firearm Concealed Carry Act (430 ILCS 66). Those licensed to carry firearms under another Act. Who needs an Illinois Concealed Carry License?
The ISP will make applications available to the public by January 5, 2014. The ISP intends to have applications available via the ISP webpage. Additional information regarding the application and fingerprinting process will be added to our website as we move forward in the application development process. How does a citizen apply for an Illinois Concealed Carry License?
Prior to applying … prohibitors & eligibility Who is not eligible to apply? (which states are not recognized as substantially similar) Valid FOID card required with up-to-date address. Have you been convicted of ????? Within X amount of years. Valid Drivers License or state issued identification card required. 11
Resources Available Prior to Application or Training APPLICANT uses ISP’s website to locate an ISP approved Firearms Instructor. APPLICANT enrolls, attends and passes training. INSTRUCTOR issues an ISP approved certificate. 12
The applicant must: Be at least 21 years of age Have a valid FOID card (if an Illinois resident) Valid Illinois DL or State ID Have not been convicted or found guilty in Illinois or any other state of: – A misdemeanor involving the use or threat of physical force or violence to any person within the last 5 years – 2 or more violations related to driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof, within the last 5 years Not be the subject of a pending arrest warrant, prosecution, or proceeding for an offense or action that could lead to disqualification Not have been in residential or court-ordered treatment for alcoholism, alcohol detoxification, or drug treatment within the last 5 years Submit an appropriately completed Concealed Carry License application Successfully complete 16 hours of firearms training, including classroom and range instruction. What are the qualifications for an Illinois Concealed carry License?
What is the cost for an Illinois Concealed Carry License? $150 for 5 years for Illinois residents $300 for 5 years for out-of-state residents Must possess the license any time the weapon is carried, except inside own residence 14
Day in the Life of an Application ISP From ISP Website, Applicant clicks on to access application. CMS Applicant is directed to CMS Entrust for digital signature. Applicant receives digital signature and returns to complete application. ISP Applicant completes application. Affixes digital signature and verifies supplied information is correct and truthful. 15
Day in the Life of an Application ISP Fingerprint application (if requested) as well as a receipt is generated – emailed to the applicant. ISP Application is submitted to ISP. Treasury Applicant is directed to Treasury Webpage and provides payment. Treasury distributes funds according to law. Applicant returns to ISP website with payment verified. 19
Day in the Life of an Application Live Scan Applicant delivers receipt and fingerprint application in person to an Illinois Live Scan vendor. Applicant submits digital fingerprints and provides photo Live Scan Live Scan vendor transmits fingerprints and photo to Bureau of Identification (BOI) as a fee application BOI Provides State and Federal Criminal History Record Information (CHRI) to Concealed Carry Unit. 23
ISP Concealed Carry Licensing Project Review Current Volumes (As of Feb. 20, 2014) 1.Total Paid Applications: 58,646 (48,000 male applicants) 2.LE User Agreements: 560 3.Licenses Issued: 13,100 4.Invalid TCNs (AFIS fingerprints): 1,171 5.Law Enforcement Objections Filed: 1,163
Law Enforcement Fingerprints Registration Process MOU Online training Device Testing (Photo) Fiscal account 25
Upon receipt of a qualified application, the ISP shall issue or deny the applicant an Illinois Concealed Carry License within 90 days, provided the applicant submits a full set of fingerprints in electronic format. If fingerprints are not submitted in electronic format, the ISP is granted an additional 30 days to complete a manual background check. In all cases, law enforcement agencies will have 30 days to file an objection (if they so choose) once an application is received. How long will it take a citizen to obtain an Illinois Concealed Carry License?
ISP Eligibility Valid FOIDSOSNICSNCICNLETSIIIMental Health IL Criminal History Federal Criminal History Hot FilesResearch 27
Concealed Carry Program QC Applicant Information
Day in the Life of an Application ISP Application is uploaded to searchable database for all Law Enforcement for 30 days. Applicant information is removed after 30 days. LE Law Enforcement -30 days to object and provide documentation related to the objection. The objection is based on reasonable suspicion that the applicant is a danger to himself or herself or others, or a threat to public safety. 30
If Law Enforcement Object Applicant’s file is sent to Board File Contents Application LE Objection Supporting documents as to why an objection is raised ISP’s 90 days is in toll while Board reviews objections. 31
Law Enforcement Objections Law enforcement officials are NOT required to: – Conduct a background check on applicants (this will be done by the ISP); or – Make objection (statutory or otherwise) to applicants. Any law enforcement official MAY submit an objection to any applicant. Any law enforcement objection shall be: – based upon a reasonable suspicion that the applicant is a danger to himself or herself or others, or a threat to public safety; – made by the chief law enforcement officer of the law enforcement agency, or his or her designee; and – must include any documented information relevant to the objection. If a law enforcement agency submits an objection within 30 days after the entry of an applicant into the database, the Department shall submit the objection and all information related to the application to the Board within 10 days of completing all necessary background checks. 32
Law Enforcement Objections Not been arrested more than 5 times for any reason within last 7 years. Not been arrested for 3 gang–related offenses in last 7 years Encounters not in the system (i.e. ordinance drug offense) 33
Concealed Carry Program Law Enforcement Objection
Concealed Carry Licensing Review BOARD ISP If an LE objection is made, ISP completes all necessary background checks and submits to the Board within 10 days. If no objection within 30 days, the application moves to eligibility determination. ISP approves, denies, or objects application. Board Requests additional information if needed. Reviews each objection to determine by a majority whether an applicant is eligible for a license. Makes a decision within 30 days of receipt. May request additional 30 days to issue a decision. Board activities exempt from FOIA 35
Appeals Process ISP sends denial letters to applicants denied by the ISP or Board. If denied by ISP, aggrieved party may appeal to the Director for a hearing. If denied by the Board, aggrieved party must petition the circuit court to appeal. Final administrative decisions are subject to judicial review. 36
Revocation Steps Within 48 hours of revocation notice, the licensee shall surrender his/her CCL to local law enforcement Local law enforcement shall provide licensee a receipt acknowledging the return of the CCL and return the surrendered CCL to ISP The statutorily prescribed ISP Firearm Disposition Record has been disseminated and is available on the ISP website. 37
FOID Revocation Forms There is a new form available on the ISP Home Page under the FOID Icon that allows a person to attest to the fact they have no FOID card to return. The Firearm Disposition Record must only be completed if the person owns or possesses firearms. We are reviewing how to expedite contact for local law enforcement officials to our FOID Office. The law requires the cards be returned to the local law enforcement agency so any employee of the agency authorized by the Chief can receive the returned card and complete the firearm disposition record. 38
Orders of Protection The issuance of any order of protection, including an emergency order of protection, plenary order of protection, or interim order of protection under Article 112A of the Code of Criminal Procedure of 1963 or under the Illinois Domestic Violence Act of 1986, will result in the revocation of both the FOID card and CCL. If an order of protection is issued against a FOID card or CCL holder, he/she shall surrender the FOID card and CCL, as applicable, – to the court at the time the order is entered, or – to the law enforcement agency or entity serving process at the time the licensee is served the order. The court, law enforcement agency, or entity responsible for serving the order of protection shall notify the Department and transmit the license to the Department. 41
CIVIL IMMUNITY Section 45 The Board, ISP, and local law enforcement agencies participating in the licensing process will not be held liable for damages in any civil action… 42
Officer Awareness Training ISP is currently conducting a train-the-trainer ISP sworn officers throughout the state. ISP will train by April 1, 2014: – disseminate a Legal Update ; – disseminate a Shift Briefing for sworn officers regarding enforcement policy and practice; – provide appropriate officer safety, physical skills, use of force training updates; and – share materials developed with ILETSB, ILACP, and ISA. 43
The ISP will continue to enforce the law in effect. Citizens cannot lawfully carry concealed weapons without a valid Illinois Concealed Carry License. Citizens who carry firearms without a Concealed Carry License issued by the ISP are subject to arrest. All Illinois residents seeking to obtain a Concealed Carry License must have a valid Firearm Owner’s Identification (FOID) card. Out-of-state residents are exempt from the FOID card requirement. How will Illinois State Police (ISP) officers and local law enforcement respond to citizens who are carrying weapons?
The ISP has established administrative rules consistent with the Firearm Concealed Carry Act. Go to the Illinois State Police website to complete an applications. How can I register as a Concealed Carry Firearms Instructor?
A person seeking to become a certified Illinois Concealed Carry Firearms Instructor shall: Be at least 21 years of age Be a legal resident of the United States and qualified for a Concealed Carry License in Illinois Possess a high school diploma or GED certificate. Have at least one of the following valid firearms instructor certifications: – Certification from a law enforcement agency – Certification from a firearm instructor course offered by a state or federal governmental agency – Certification from a firearm instructor course offered by the Illinois Law Enforcement Training and Standards Board – Certification from an entity approved by the Illinois State Police that offers firearm instructor education and training in the use and safety of firearms What are the qualifications to become a Concealed Carry Firearms Instructor?
On August 30, 2013, the ISP made available applications for certified firearms instructors and firearm training courses. Curriculum (Courses) were approved and posted on September 30, 2013. A registry of approved instructors and courses is available on the ISP webpage. There are currently 2671 certified instructors. Where can citizens obtain firearms training?
The required 16-hour firearms training course will include range qualification time and shall cover the following: 1.Firearm safety 2.The basic principles of marksmanship 3.Care, cleaning, loading, and unloading of a concealable firearm 4.All applicable state and federal laws relating to the ownership, storage, carry, and transportation of a firearm 5.Instruction on the appropriate and lawful interaction with law enforcement while transporting or carrying a concealed firearm. All applicants must pass a live fire exercise with a concealable firearm consisting of: 1.A minimum of 30 rounds 2.10 rounds from a distance of 5 yards, 10 rounds from a distance of 7 yards, and 10 rounds from a distance of 10 yards at a B-27 silhouette target approved by the ISP. What must an approved firearms training course cover?
Are out-of-state Concealed Carry permit holders granted reciprocity in Illinois? No. Out-of-state residents must obtain an Illinois Concealed Carry License to lawfully carry a concealed firearm in Illinois. The Illinois State Police will establish rules for eligibility. However, certain out of state residents are granted a limited exception to lawfully carry a concealed firearm within a vehicle. This rule became effective immediately. If the non-resident leaves his/her vehicle unattended, he or she shall store the firearm within a locked vehicle or locked container within the vehicle in accordance with subsection (b) of Section 65 of the Firearm Concealed Carry Act. 49
“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. "Handgun" means any device which is designed to expel a projectile or projectiles by the action of an explosion, expansion of gas, or escape of gas that is designed to be held and fired by the use of a single hand. "Handgun" does not include: A stun gun or taser; 1.A machine gun as defined in item (i) of paragraph (7) of subsection (a) of Section 24-1 of the Criminal Code of 2012; 2.A short-barreled rifle or shotgun as defined in item (ii) of paragraph (7) of subsection (a) of Section 24-1 of the Criminal Code of 2012 3.Any pneumatic gun, spring gun, paint ball gun, or B-B gun which expels a single globular projectile not exceeding.18 inch in diameter, or which has a maximum muzzle velocity of less than 700 feet per second, or which expels breakable paint balls containing washable marking colors. What type of firearm will I be allowed to carry concealed?
DEFINITIONS Concealed firearm "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. Concealed Concealed ???Not Concealed
No open carry. “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. To place in the trunk in the parking area of a prohibited location, firearm must be unloaded. A licensee cannot carry while under the influence of alcohol or drugs. CARRY Facts
VIOLATIONS of the ACT PENALTIES Except as otherwise provided (carry under the influence, etc..) : A licensee in violation of this Act shall be guilty of a Class B misdemeanor. A second or subsequent violation is a Class A misdemeanor. The Department may suspend a license for up to 6 months for a second violation and shall permanently revoke a license for 3 or more violations of Section 65 of this Act.
NOTIFICATION TO LAW ENFORCMENT If an officer of a law enforcement agency initiates an investigative stop, including but not limited to a traffic upon stop, of a licensee who is carrying a concealed firearm, upon the request of the officer the request of the officer the licensee shall disclose to the officer that he or she is in possession of a concealed firearm present the license upon the request of the under this Act, present the license upon the request of the officeridentify the location officer, and identify the location of the concealed firearm. * * * IF YOU DO NOT ASK, THEY DO NOT HAVE TO TELL YOU ***
Will prohibited places be required to post signs at their entrances? Yes. The Act requires that signs stating that the carrying of firearms is prohibited shall be clearly and conspicuously posted at the entrance of a building, premises, or real property specified in this Section as a prohibited area, unless the building or premises is a private residence. 55
The ISP will post administrative rules consistent with the Firearm Concealed Carry Act. The signage template was posted on the ISP website on October 11. The sign will be 4”X6” (or incorporated as 4”X6” portion of a larger sign). Where can business owners or property owners obtain information about required signage?
Sign may be posted separately or incorporated into a larger image
SIGNAGE PLACEMENT The sign can be posted independently or as an image within a larger sign. Stickers and window decals are permitted Businesses may use customized signs as long as the image is incorporated therein 58
Prohibited Places Schools and child care facilities Colleges and Universities Hospitals Courthouses Libraries Government buildings Public playgrounds Public parks (trails excluded) Bars (and any restaurant deriving more than half of its profits from alcohol) Public transportation Correctional facilities Permitted public gatherings, such as festivals or parades Museums Gaming facility Stadiums Zoos Airports
Any business owner can make his establishment weapons free by placing signage at the entrance. Property owner, such as a mall, can make the entire campus or building weapons free. Business owners in prohibited places can still carry a weapon under Illinois law. Residences need not post signage. Prohibited Places
PREEMPTION Under Section 90 of the law, municipalities cannot pass laws that purport to impose regulations or restrictions on licensees or handguns inconsistent with the Act. 61
PARKING LOT EXCEPTION For purposes of this subsection, "case" includes a glove compartment or console that completely encloses the concealed firearm or ammunition, the trunk of the vehicle, or a firearm carrying box, shipping box, or other container. NOTE: Nothing indicates that the “case” has to be locked or have a lock if the vehicle itself is locked
PASS-BY EXCEPTION A licensee shall not be in violation of this Section while he or she is traveling along a public right of way that touches or crosses any of the premises under subsection (a), (a-5), or (a-10) of this Section if : the concealed firearm is carried on his or her person in accordance with the provisions of this Act or is being transported in a vehicle by the licensee in accordance with all other applicable provisions of law.
First Responder Concerns Conceal carry presents problems for first responders Free Press Newspaper February 18, 2014 t's a law being hailed as a win for Second Amendment rights by those who support it. On Jan. 1, the state's new conceal carry law went into effect, making it legal for permitted individuals to carry a concealed firearm on their person in the state of Illinois. The process involves a fairly lengthy application process and a mandated training course, and includes numerous restrictions about where a weapon can be brought. The Illinois State Police began sifting through the applications in January, and have thus far already faced a myriad of problems, from issues with the online application process, improperly trained or certified training instructors, and simply the sheer number of people who are looking to obtain a permit - the last available number from the state of Illinois puts the number of applications at around 34,000. But one side effect of the new law is how it may hinder first responders. Specifically, those who are on a scene to save someone's life. It's always a concern because anybody who doesn't have a FOID card is not supposed to handle a weapon," said Braidwood Fire Chief Ken Heberer. "It's a major concern for us, yes." The problem, it seems, is possession. ccording to the law, firefighters and EMTs will not be able to take a firearm from a patient who needs treatment - in essence, take possession of that weapon - unless they also have a valid Firearm Owners Identification Card (FOID). That part of the law is not new: FOID registration was already a requirement for firearm ownership or possession in Illinois. However, with the new law allowing for folks to carry a weapon on their person, paramedics now must consider that anyone needing treatment may also be legally carrying a gun. If so, they won't be able to take that weapon while in the process of treating that person. This opens up a world of safety concerns for the first responders left with a dilemma - treat an armed victim, or wait for backup. In Coal City, the fire department is looking to take a hands-off approach to the issue as often as possible. "Obviously it's a concern for everyone," said Coal City Lieutenant Nick Doerfler. "We're getting lock boxes on our ambulances just in case it's a need for rapid transport and police can't make it there to deal with it." Coal City does not have a specific official policy in place, but will generally ask a conscious person to remove their weapon. If the person is unconscious, they hope to be able to let the police handle it most of the time. Read more on how the new law is affecting first responders in this week's Coal City Courant. 64
LEADS Modernization Historical Review/Input from Local Law Enforcement - Target Completion February 2014 – Review artifacts generated from previous, formal LEADS Modernization initiatives – Research NCIC 2020 concept of operations to determine additional, future requirements – Solicit input from LEADS Agencies to validate historical scope of work – Sole Source procurement document was published on February 18, 2014 65
LEADS Interface Firm building CC infrastructure will develop a LEADS interface - Target Completion November 2013 66
LEADS Modernization Action the enterprise plan to modernize LEADS Functionality – Prioritize LEADS components for modernization - issue RFP(s) for high-priority components – Award contract(s) for the LEADS functionality modernization – By July 2016 and beyond, implement LEADS acquired components and identify new functionality based upon continuous user feedback 68
LEADS Modernization Expanded Integration of LEADS with Other Systems – As part of a larger Enterprise Justice and Public Safety Information Sharing Strategy, leverage and expand LEADS services, as appropriate, to non- traditional partners 69
Additional Questions The ISP is aware there are additional questions regarding: – Qualifications for instructors; – Required training; – Procedures for approval of instructors and training; – Definition of handgun; and – Definition of concealed. Local agencies registering to become fee- applicant fingerprint vendors. 70
Frequently Asked Questions An evolving list of frequently asked questions is available at the ISP website, http://www.isp.state.il.us/firearms COLONEL MARC MATON email@example.com http://www.isp.state.il.us/firearms