Recent Developments Regarding Illinois’ Concealed Carry Act: Remedying The Secrecy of Denial

Earlier this month, the Chicago Tribune published an article examining the 193+ applicants who filed lawsuits against the Illinois State Police to increase the transparency of the concealed carry application denial process. The Concealed Carry Licensing Review Board is the body that makes decisions regarding denials of permits, but until recently was not required to inform applicants of the reason for their permit denial.

The lawsuits claim the applicants were denied due process because of the complete secrecy regarding a Board’s decision to deny an applicant a concealed carry permit. The Tribune noted that review of application by the Illinois State Police was a necessary compromise intended to aid in terminating the ban on concealed carry.

The Illinois State Police announced this past Monday it will require the Board to provide denied applicants with more information as to why they were rejected. Under the new rules, the Board must notify the applicant if there is a “credible objection” to the application and “give the basis of the objection and identify the agency that brought it.” The applicant will then have 10 days to respond.

However, the Tribune also reported that of the more than 800 applicants who have been denied, only the roughly 193 applicants who filed lawsuits may take their case to the Board, but only with judicial approval.

The new rules are only valid for 150 days after which the General Assembly must approve the rules for them to become permanent.

Click here to check out our earlier post discussing the Rights and Remedies of the Concealed Carry Law. If you have been denied a concealed carry permit contact the Law Offices of Laura J. Morask to discuss your options.

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