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Some Common CCW Law Violations in Illinois

To get the votes they needed, supporters of the concealed handgun law had to make a number of compromises. One such deal is evident in the nature of the law itself. In general, it is rather easy to obtain a CCW license in Illinois, and also rather easy to lose one.

Most of these violations are covered in Section 70 of 430 ILCS 66. In this post, we will examine some of the more common infractions and also look at some defensive strategies.

Rolling Ineligibility in Illinois

The law does not give any timeline for subsequent background investigations. Your FOID card must be renewed once every 10 years. An intense background check always accompanies the renewal application. However, the state probably keeps an eye on the activity of its CCW license-holders and watches out for prohibited conduct. Such conduct includes:

  • Felony conviction,
  • Recent history of severe mental illness,
  • Active warrant, and
  • Anti-stalking or protective orders.

In that last instance, the court is required to report the development to the licensing authority within seven days. So, if you are a defendant in a protective order matter, be prepared to defend your CCW license. Things get even more complicated if the judge issues an ex parte restraining order. In these circumstances, you may have no idea that the judge signed an order in the first place.

Furthermore, as soon as your license expires, it is invalid. There is no grace period. If your license temporarily lapsed because of a gap in the paperwork, an attorney may be able to get any criminal charges dismissed. There is a loophole in Section 70(c) which states that if the person is otherwise eligible for a CCW license, any related charges cannot stick.

Alcohol Impairment and Your CCW License in Chicago

Licensees cannot carry firearms while under the influence of alcohol, a drug (whether it is legal or illegal), or “any combination thereof.”

There is a difference between consumption and impairment, however, especially outside civil court. Evidence of consumption includes:

  • Bloodshot eyes
  • Slurred speech
  • Unsteady balance

In civil court, one drink is tantamount to impairment. In criminal court, “impairment” usually means a loss of mental or physical faculties. That means more than mere physical symptoms.

Serious problems arise when those who have a CCW receive a DUI. One cannot be licensed for a CCW or FOID in the state if that person has been subject to involuntary treatment for a chemical addiction. One of the results of a DUI conviction is that you have to get Court-ordered alcohol treatment. Thus, is you have been charged with DUI, you are risk of losing your CCW license.

Multiple CCW Violations

A Subsection (d) CCW violation is clearly a criminal law matter. A first or second violation is a Class A misdemeanor; a subsequent violation is a Class 4 felony. Additionally, a first or second violation carries a maximum six-month suspension; a subsequent violation means a permanent CCW license revocation. There is no lookback period. The second and third violation could be several decades apart.

If the defendant violates the technical provisions discussed above, a first violation is a Class B misdemeanor and any subsequent violation is a Class A misdemeanor. The same provisions in terms of no lookback period apply. Furthermore, other than the punishment, the law makes no distinction between the two. If a paperwork error leads to an infraction in 2015 and a public intoxication charge creates another infraction in 2030, the PI-related action is a second offense.

Work With Tenacious Attorneys

Illinois is rather quick to issue CCW licenses and rather eager to take them away. For a confidential consultation with an experienced criminal defense lawyer in Schaumburg, contact Glasgow & Olsson.

(image courtesy of Quentin Kemmel)