Last July, Illinois joined the other 49 states and enacted a concealed carry law. Unsurprisingly, the passage of the law has not been without its glitches and kinks as implementation of the law evolves. The legislature enacted the law to permit law-abiding citizens to carry concealed firearms, so long as they pass a background check and successfully complete the requisite trainings.
The nearly year old concealed carry law has stringent limitations. For example, while the law permits residents and non-residents to apply for a license to carry a concealed handgun, under 430 ILCS 66/65(a-10), the owner of a private or real property of any type may prohibit the carrying of concealed firearms on the property under his or her control. The property owner must post a sign indicating firearms are prohibited on the property, unless the property is a private residence. Not only are those who carry a concealed weapon prohibited from entering places of business which have chosen to prohibit such patrons, individuals with concealed carry licenses are prohibited from carrying those weapons in the following locations:
• Schools, both public and private
• Government buildings (including courthouses)
• Hospitals, nursing homes, and mental facilities
• Playgrounds and public parks
• Stadium Arenas
• Public Libraries
• Airports
• Amusement parks, museums, and zoos
This is an example of the sign private property owners must display if they choose to prohibit individuals from carrying concealed weapons on their premises.
If an individual with a concealed carry permit brings a concealed weapon into the place of business, which prohibits such activity, the offender will be charged with a Class B misdemeanor. A second or subsequent conviction is a Class A misdemeanor. As more applicants file for and receive concealed carry licenses, it is more important now than ever for property owners to understand their rights under the law.
If you have been charged with a violation under the concealed carry act we can represent you in your criminal case or, if you have been denied an application for a concealed carry license, we can help you. The laws and procedures around the appellate process are still developing but there are stringent procedural deadlines for the denied person to follow. Thus, it is helpful to enlist the services of an attorney familiar with the administrative hearing process. At the Law Offices of Laura Morask, one of our practice areas is administrative hearings so feel free to call us for a free consultation. In the event you have been denied a permit and are seeking to appeal that denial, see 430 ILCS 66/87.
Visit the Illinois General Assembly website to read the Concealed Carry Act in its entirety.
