The Prairie State was one of the nation’s last jurisdictions to pass a law allowing people to carry concealed weapons. It took some closed-door meetings to get the deal done. So, it is rather surprising that 430 ILCS 66 is so broad.
Illinois is basically a “modified shall issue” state. According to the law, the Department “shall issue” a license to applicants who meet the qualifications and do not draw a legitimate law enforcement objection. Some other jurisdictions, most notably the District of Columbia, have “may issue” laws. In these places, the authority has much more discretion to issue or deny a license. The Illinois Department of State Police has some discretion, but not very much. Read on to learn more and to see how a lawyer can help.
Basic Requirements for Licensure in Illinois
Based on the rules, the DSP is most concerned about alcohol-related issues and a violent criminal background. The basic requirements are:
- Valid FOID Card: The Firearm Owner’s Identification Card has been around since the late 1960s. Illinois residents must have one of these cards to buy firearms and/or ammunition. People with felony, assault, or domestic violence convictions, or who are subject to protective orders are ineligible for FOID cards. The DSP scrutinizes people with a history of mental illness to determine if they are a threat. Different rules apply to minors, but they are not eligible for CCW licenses.
- Prohibited Offenses: There are some requirements independent of the aforementioned FOID rules, viz, “a misdemeanor involving the use or threat of physical force or violence to any person within the 5 years preceding the date of the license application; or 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 5 years preceding the date of the license application.” Furthermore, the applicant must not have any outstanding arrest warrants for any offense.
Finally, applicants must not have been in detox within the last five years and must have completed an approved firearms training program.
Denial of a CCW License in Chicago
The DSP may object on either objective or subjective grounds.
Applicants who have five or more arrests within the last seven years (three or more arrests if they are gang-related offenses) cannot be licensed. This requirement is not 100% objective, even though the CCW law does limit it to about a half-dozen offenses. There is still considerable debate as to what constitutes a “gang-related offense,” especially when Second Amendment rights are at stake.
The DSP may also object if it has a “reasonable suspicion that the applicant is a danger to himself or herself or others, or a threat to public safety.” Any decisions in this regard must be supported by a preponderance of the evidence (more likely than not).
The Board may only consider a limited amount of evidence, so deep inquiries into personal habits are probably off limits. The Board must make a record of its decisions, but its deliberations are secret. An attorney can help you present your side of the story to the Board and increase your chances of obtaining a license in the face of a DSP objection.
Contact Aggressive Lawyers
CCW licenses are available in Illinois, but the state does not simply give them away to anybody. For a confidential consultation with an experienced criminal defense attorney in Schaumburg, contact Glasgow & Olsson.
(image courtesy of Antonio Grosz)