ISRA Thursday Bulletin – Summary of Senate Bill 836/ Public Act 99-29

EXECUTIVE DIRECTOR’S MESSAGE

Illinois State Rifle Association
Illinois State Rifle Association

Chatsworth, IL -(AmmoLand.com)- Army Chief of Staff General Ray Odierno has no plans to arm recruiters in the wake of the terrorist attack in Chattanooga, Tennessee.

“I think we have to be careful about over-arming ourselves and then ending up attacking each other,” General Odierno said, “it’s more about accidental discharges and everything else that is loaded that causes injuries.”

Really General, Really? It sounds like General Odierno has a serious case of Washingtonitis. There are 20,000,000 people in the United States that carry concealed or open carry. They don’t have such problems so why should members of the United States Military?

I will make you a deal General. The Illinois State Rifle Association will train every recruiter in the in the State of Illinois, free of charge – Army, Navy, Marines, Air Force, and Coast Guard. We will supply the firearms, ammunition, and ranges. If we run out, I bet there are people who will donate Beretta 92’s (which is also known as M9 Military Designation), ammunition, and targets. I will also bet that certified instructors will donate their time. If any certified instructors are willing to help, please email Ken at [email protected]

And now you know why Theodore Roosevelt entrusted the study and maintenance of marksmanship skills to civilians and not the military.

In the meantime, I am getting calls, emails, and hearing conversations about concealed carry holders across the country that are driving by, recruiting facilities, and acting as guardian angels. Good for them, and don’t worry, they are not in uniform. Not a bad idea.

The Scholastic Clay Target Program and the Scholastic Pistol Program National Championship were held in Sparta last week. Of the 2800 participants, 20% were young ladies. This is a great sign for the shooting sports. Many ISRA members were there helping these young people. I appreciate the ISRA volunteers and Larry Morse, ISRA Board Member, who helped spearhead the operation.

Under the “I told you so” category, the Obama minions in the Social Security Administration are now trying to declare incompetent the Social Security recipients that do not manage their own financial affairs, thus preventing them from owning a firearm. This could affect 4.2 million people. News flash, just because you don’t handle your own financial matters, does not mean you shouldn’t exercise your Second Amendment rights. Come to think of it, there is one outfit that handles all of our financial affairs, and they are incompetent – the United States Government.

Below, I have included the Summary of Senate Bill 836/Public Act 99-29. This summary was written by Attorney Ed Ronkowski to provide an explanation of the salient points of the bill. We appreciate Mr. Ronkowski’s time and efforts. SB 836 was signed by the Governor on July 10, 2015. The State Police began implementation on July 13, 2015.

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Summary of Senate Bill 836/ Public Act 99-29

Senate Bill 836 supported by the ISRA passed both houses and was signed by the governor made changes to Illinois Firearms Law, effective July 10, 2015.

  • Allows concealed carry licensees to keep firearms loaded when storing or retrieving the firearm from the vehicle’s trunk.
  • Allows concealed carry licensees to purchase firearms and ammunition with a valid concealed carry license.
  • Permits a concealed carry licensee in physical possession of the license to carry firearms and ammunition without having a FOID card in their physical possession.
  • Provides that a concealed carry licensee who presents his or her license to law enforcement during an investigative stop is deemed to have disclosed that he or she is carrying a firearm. Applies to a non-resident that is able to prove he or she is eligible to carry in his or her state of residence. The licensee must still identify the location of the firearm at the request of the officer.
  • Limits the privacy rights an individual waives in the concealed carry license application to only apply to records that are used to determine if an applicant is qualified to obtain or retain a license.
  • Permits emergency services personnel and/or law enforcement officers to ask a concealed carry licensee or non-resident carrying a firearm while in a vehicle to have the firearm secured during the duration of contact. Law enforcement may also secure a firearm during an investigative stop.
  • Amends the FOID Card Act and the Criminal Code to ensure that non-resident competitors may purchase firearms at gun shows during a competitive shooting event at the World Shooting Complex. Participants who want to buy guns at the event must register with the Department of State Police.
  • Allows individuals with “mild” developmental disabilities to file an appeal with the Director of the Illinois State Police upon having their FOID card denied, revoked or seized. A fact-finding conference may be scheduled to obtain additional information concerning the circumstances of the denial or revocation.
  • Allows the State Police to require a notarized statement when a concealed carry licensee changes residence or name. [As opposed to the current, required non-notarized statement.]
  • Clarifies that the misdemeanor offense of unlawful use of a weapon concerning the carrying or possession of firearms in any vehicle or concealed on one’s person does not apply to or affect transportation of weapons that are carried or possessed in accordance with the Concealed Carry Act.

(430 ILCS 66/10 (h)) If an officer of a law enforcement agency initiates an investigative stop, including but not limited to a traffic stop, of a licensee or a non-resident carrying a concealed firearm under subsection (e) of Section 40 of this Act, upon the request of the officer the licensee or non-resident shall disclose to the officer that he or she is in possession of a concealed firearm under this Act, or present the license upon the request of the officer if he or she is a licensee or present upon the request of the officer evidence under paragraph (2) of subsection (e) of Section 40 of this Act that he or she is a non-resident qualified to carry under that subsection. The disclosure requirement under this subsection (h) is satisfied if the licensee presents his or her license to the officer or the non-resident presents to the officer evidence under paragraph (2) of subsection (e) of Section 40 of this Act that he or she is qualified to carry under that subsection. Upon the request of the officer, the licensee or non-resident shall also, and identify the location of the concealed firearm and permit the officer to safely secure the firearm for the duration of the investigative stop. During a traffic stop, any passenger within the vehicle who is a licensee or a non-resident carrying under subsection (e) of Section 40 of this Act must comply with the requirements of this subsection (h). 

(430 ILCS 66/10 (h-1)) If a licensee carrying a firearm or a non-resident carrying a firearm in a vehicle under subsection (e) of Section 40 of this Act is contacted by a law enforcement officer or emergency services personnel, the law enforcement officer or emergency services personnel may secure the firearm or direct that it be secured during the duration of the contact if the law enforcement officer or emergency services personnel determines that it is necessary for the safety of any person present, including the law enforcement officer or emergency services personnel. The licensee or nonresident shall submit to the order to secure the firearm. When the law enforcement officer or emergency services personnel have determined that the licensee or non-resident is not a threat to the safety of any person present, including the law enforcement officer or emergency services personnel, and if the licensee or non-resident is physically and mentally capable of possessing the firearm, the law enforcement officer or emergency services personnel shall return the firearm to the licensee or non-resident before releasing him or her from the scene and breaking contact. If the licensee or non-resident is transported for treatment to another location, the firearm shall be turned over to any peace officer. The peace officer shall provide a receipt which includes the make, model, caliber, and serial number of the firearm.

(430 ILCS 65/3(b-5)… Any resident purchasing ammunition within or outside the State of Illinois must provide the seller with a copy of his or her valid Firearm Owner’s Identification Card or valid concealed carry license and either his or her Illinois driver’s license or Illinois State Identification Card prior to the shipment of the ammunition….

(430 ILCS 66/65(b)) Notwithstanding subsections (a), (a-5), and (a-10) of this Section except under paragraph (22) or (23) of subsection (a), any licensee prohibited from carrying a concealed firearm into the parking area of a prohibited location specified in subsection (a), (a-5), or (a-10) 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 out of plain view within the vehicle in the parking area. A licensee may carry a concealed firearm in the immediate area surrounding his or her vehicle within a prohibited parking lot area only for the limited purpose of storing or retrieving a firearm within the vehicle’s trunk.

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About ISRA

The ISRA is the state’s leading advocate of safe, lawful and responsible firearms ownership. Since 1903, the ISRA has represented the interests of over 1.5 million law-abiding Illinois firearm owners.

For more information, visit: www.isra.org.