Chicago Police DepartmentSpecial Order S06-05-02
Firearm Concealed Carry Act
Issue Date:31 December 2015Effective Date:01 January 2016
Rescinds:01 October 2015 Version
Index Category:Processing Persons
I.Purpose
This directive:
  • A.outlines the provisions of the Firearm Concealed Carry Act (Act), 430 ILCS 66.
  • B.provides arrest and inventory procedures when processing violators of the Act.
  • C.continues the IUCR code for documentation of license violations of the Act.
  • D.updates certain terms relative to the Investigatory Stop System.
II.General Information
    • 1.allows individuals in possession of a concealed carry license in the State of Illinois to:
      • a.carry a loaded or unloaded concealed handgun, fully concealed or partially concealed, on or about his or her person, and
      • b.keep or carry a loaded or unloaded concealed handgun on or about his or her person within a vehicle.
    • 2.prohibits individuals with a CCL from carrying concealed handguns in certain circumstances and in certain areas.
    • 3.does not allow conceal carry licensees from other states to carry a concealed handgun without an Illinois CCL except as specified in Item II-D.
  • B.The Illinois State Police (ISP) is responsible for issuing Concealed Carry Licenses.
  • C.To obtain a CCL, applicants must meet the qualifications as required in the Act, including but not limited to:
    • 1.being at least 21 years of age, and
    • 2.possessing a currently valid Firearm Owner's Identification Card (FOID), if a resident of Illinois.
      NOTE:
      Non-Illinois residents may also qualify for a CCL.
  • D.Pursuant to 430 ILCS 66/40(e), nothing in this Act shall prohibit a non-resident from transporting a concealed firearm within his or her vehicle in Illinois if the concealed firearm remains within his or her vehicle and the non-resident:
    • 1.is not prohibited from owning or possessing a firearm under federal law;
    • 2.is eligible to carry a firearm in public under the laws of his or her state or territory of residence, as evidenced by the possession of a concealed carry license or permit issued by his or her state of residence, if applicable; and
    • 3.is not in possession of a license under this Act. If the non-resident leaves his or her vehicle unattended, he or she shall store the firearm within a locked vehicle or locked container within the vehicle.
    EXCEPTION:
    A non-resident who satisfies the above conditions may carry a concealed firearm in the immediate area surrounding his or her vehicle only for the limited purpose of storing or retrieving a firearm within the trunk of the vehicle.
  • E.During investigatory stops, including traffic stops, a licensee who is carrying a concealed handgun must:
    • 1. upon the request of the officer, disclose to the officer that he or she is in possession of a concealed firearm by either verbally informing the officer or presenting a CCL card; AND
    • 2.upon the request of the officer, identify the location of the concealed firearm; AND
    • 3.upon the request of the officer, permit the officer to safely secure the firearm for the duration of the investigative stop.
    NOTE:
    In addition, these requirements apply to investigatory stops of non-residents carrying under Item II-D of this directive and any passenger within a lawfully stopped vehicle who is a licensee or a non-resident carrying under Item II-D of this directive.
  • F.The Act does not require those already allowed concealed carry of a firearm pursuant to (UUW) 720 ILCS 5/24-2 (including law enforcement officers) and the Federal Law Enforcement Officers Safety Act 2004 to:
    • 1.possess and carry a CCL, or
    • 2.conform to the provisions and restrictions of the Act.
  • G.The Act allows EMS or police personnel to secure a weapon if necessary for the safety of anyone, including the EMS worker or police officer.
    • 1.If a licensee carrying a firearm or a non-resident carrying a firearm in a vehicle, consistent with Item II-D of this directive, 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.
      • a.The licensee or non-resident shall submit to the order to secure the firearm.
      • b.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.
    • 2.If the licensee or non-resident is transported for treatment to another location:
      • a.the firearm shall be turned over to any law enforcement officer; and
      • b.the inventorying law enforcement officer shall provide a receipt which includes the make, model, caliber, and serial number of the firearm.
        NOTE:
        Copy 4 of the eTrack inventory system satisfies the receipt requirement.
III.Violations
  • A.Pursuant to 430 ILCS 66/10(g), a CCL licensee is required to possess a valid CCL at all times when carrying a loaded concealed firearm except when:
    • 1.a licensee is carrying or possessing a concealed firearm on his or her land or in his or her abode or fixed place of business; or
    • 2.a licensee is carrying or possessing a concealed firearm on the land or in the legal dwelling of another person as an invitee with that person's permission; or
    • 3.the handgun is broken down in a non-functioning state, is not immediately accessible, or is unloaded and enclosed in a case.
      NOTE:
      A "case" includes a glove compartment or console that completely encloses the concealed firearm or ammunition, the trunk of the vehicle, or a firearm carrying box, shipping box, or other container.
    • 4.the person is authorized to carry a firearm under (UUW) 720 ILCS 5/24-2, such as armed security guards.
  • B.Failure of a licensee to carry a CCL while armed is not a UUW violation in and of itself.
  • C.A CCL is invalid under the following circumstances:
    • 1.A revoked CCL when it is discovered the licensee is ineligible for a license under the Act or the licensee no longer meets the eligibility requirements of the Firearm Owners Identification Card Act.
    • 2.A suspended CCL based on the issuance of an order of protection, including an emergency order of protection, plenary order of protection, interim order of protection in Illinois, or a similar order issued against the licensee in any other jurisdiction. The CCL will be suspended for the duration of the order.
    • 3.An expired CCL, unless the licensee submitted an application to renew the license and the applicant is otherwise eligible to possess a license under the Act.
    NOTE:
    Pursuant to 430 ILCS 66/70(g), a licensee whose license is revoked, suspended, or denied shall, within 48 hours of receiving notice of the revocation, suspension, or denial, surrender his or her concealed carry license to the local law enforcement agency where the person resides...The observation of a concealed carry license in the possession of a person whose license has been revoked, suspended, or denied constitutes a sufficient basis for the arrest of that person for violation of this subsection.
  • D.A licensee shall not carry a concealed firearm while under the influence of alcohol, other drug or drugs, intoxicating compound or combination of compounds, or any combination thereof, under the standards set forth in subsection (a) of Section 11-501 of the Illinois Vehicle Code [430 ILCS 66/70(d)].
  • E.Pursuant to the Act, a CCL licensee shall not knowingly carry a concealed handgun on or into the following prohibited areas:
    NOTE:
    Signs stating that the carrying of firearms is prohibited shall be clearly and conspicuously posted at the entrance of a building, premises, or real property specified as a prohibited area.
    • 1.any building, real property, and parking area under the control of a public or private elementary or secondary school [430 ILCS 66/65(a)(1)].
    • 2.any building, real property, and parking area under the control of a preschool or child care facility, including any room or portion of a building under the control of preschool or child care facility [430 ILCS 66/65(a)(2)].
    • 3.any building, parking area, or portion of a building under the control of an officer of the executive or legislative branch of government, provided that nothing in this paragraph shall prohibit a licensee from carrying a concealed firearm onto the real property, bikeway, or trail in a park regulated by the Illinois Department of Natural Resources or any other designated public hunting area or building where firearm possession is permitted as established by the Department of Natural Resources under Section 1.8 of the Wildlife Code [430 ILCS 66/65(a)(3)].
    • 4.any building designated for matters before a circuit court, appellate court, or the Supreme Court, or any building or portion of a building under the control of the Supreme Court [430 ILCS 66/65(a)(4)].
    • 5.any building or portion of a building under the control of a unit of local government [430 ILCS 66/65(a)(5)].
    • 6.any building, real property, and parking area under the control of an adult or juvenile detention or correctional institution, prison, or jail [430 ILCS 66/65(a)(6)].
    • 7.any building, real property, and parking area under the control of a public or private hospital or hospital affiliate, mental health facility, or nursing home [430 ILCS 66/65(a)(7)].
    • 8.any bus, train, or form of transportation paid for in whole or in part with public funds and any building, real property, and parking area under the control of a public transportation facility paid for in whole or in part with public funds [430 ILCS 66/65(a)(8)].
    • 9.any building, real property, and parking area under the control of an establishment that serves alcohol on its premises, if more than 50 % of gross receipts within the prior 3 months is from the sale of alcohol [430 ILCS 66/65(a)(9)].
    • 10.any public gathering or special event conducted on property open to the public that requires the issuance of a permit from the unit of local government, provided this prohibition shall not apply to a licensee who must walk through a public gathering in order to access his or her residence, place of business, or vehicle [430 ILCS 66/65(a)(10)].
    • 11.any building or real property that has been issued a Special Event Retailer's License as defined in Section 1-3.17.1 of the Liquor Control Act during the time designated for the sale of alcohol by the Special Event Retailer's License, or a special use permit license as defined in subsection (q) of Section 5-1 of the Liquor Control Act during the time designated for the sale of alcohol by the license [430 ILCS 66/65(a)(11)].
    • 12.any public playground [430 ILCS 66/65(a)(12)].
    • 13.any public park, athletic area, or athletic facility under the control of a municipality or park district, provided nothing in this section shall prohibit a licensee from carrying a concealed firearm while on a trail or bikeway if only a portion of the trail or bikeway includes a public park [430 ILCS 66/65(a)(13)].
    • 14.any real property under the control of the Cook County Forest Preserve District [430 ILCS 66/65(a)(14)].
    • 15.any building, classroom, laboratory, medical clinic, hospital, artistic venue, athletic venue, entertainment venue, officially recognized university-related organization property, whether owned or leased, and any real property, including parking areas, sidewalks, and common areas under the control of a public or private community college, college, or university [430 ILCS 66/65(a)(15)].
    • 16.any building, real property, or parking area under the control of a gaming facility licensed under the Riverboat Gambling Act or the Illinois Horse Racing Act of 1975, including an inter-track wagering location licensee [430 ILCS 66/65(a)(16)].
    • 17.any stadium, arena, or the real property or parking area under the control of a stadium, arena, or any collegiate or professional sporting event [430 ILCS 66/65(a)(17)].
    • 18.any building, real property, or parking area under the control of a public library [430 ILCS 66/65(a)(18)].
    • 19.any building, real property, or parking area under the control of an airport [430 ILCS 66/65(a)(19)].
    • 20.any building, real property, or parking area under the control of an amusement park [430 ILCS 66/65(a)(20)].
    • 21.any building, real property, or parking area under the control of a zoo or museum [430 ILCS 66/65(a)(21)].
    • 22.any street, driveway, parking area, property, building, or facility, owned, leased, controlled, or used by a nuclear energy, storage, weapons, or development site or facility regulated by the federal Nuclear Regulatory Commission. The licensee shall not under any circumstance store a firearm or ammunition in his or her vehicle or in a compartment or container within a vehicle located anywhere in or on the street, driveway, parking area, property, building, or facility described in this paragraph [430 ILCS 66/65(a)(22)].
    • 23.any area where firearms are prohibited under federal law [430 ILCS 66/65(a)(23)].
    • 24.nothing in the Act shall prohibit a public or private community college, college, or university from:
      • a.prohibiting persons from carrying a firearm within a vehicle owned, leased, or controlled by the college or university;
      • b.developing resolutions, regulations, or policies regarding student, employee, or visitor misconduct and discipline, including suspension and expulsion;
      • c.developing resolutions, regulations, or policies regarding the storage or maintenance of firearms, which must include designated areas where persons can park vehicles that carry firearms; and
      • d.permitting the carrying or use of firearms for the purpose of instruction and curriculum of officially recognized programs, including but not limited to, military science and law enforcement training programs, or in any designated area used for hunting purposes or target shooting.
    EXCEPTION:
    • 1.A CCL licensee shall be permitted to carry a concealed firearm on or about his or her person within a vehicle into the parking area of a prohibited 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. For purposes of this exception, "case" includes a glove compartment or console that completely encloses the concealed firearm or ammunition, the trunk of the vehicle, or a firearm carrying box, shipping box, or other container. This exception does not apply to an area where firearms are prohibited by federal law.
    EXCEPTION:
    • 1.A CCL licensee shall be permitted to carry a concealed firearm while he or she is traveling along a public right of way that touches or crosses any of the prohibited areas if the concealed firearm is carried on his or her person in accordance with the provisions of the Act or is being transported in a vehicle by the licensee in accordance with all other applicable provisions of law.
  • F.Pursuant to the Act, the owners of private real property of any type may prohibit a CCL licensee from carrying concealed firearms on the property under their control. The owners must post a sign in accordance to the Act indicating that firearms are prohibited on their property, unless the property is a private residence.
IV.Processing Procedures
  • A.When a CCL licensee who is armed with a firearm is arrested for violating a provision of the Act, Department members will:
    • 1.select the appropriate IUCR codes and classifications listed below:
      • a.IUCR Code: 1478
        Primary Box: Concealed Carry License Violation
        Secondary Box: Prohibited Places
      • b.IUCR Code: 1479
        Primary Box: Concealed Carry License Violation
        Secondary Box: Armed while Under the Influence
      • c.IUCR Code: 1480
        Primary Box: Concealed Carry License Violation
        Secondary Box: Other
    • 2.follow the procedures delineated in the Department directive entitled "Firearms Taken Into Custody or Turned In"; and
    • 3.inventory the firearm as evidence of the violation and indicate "Hold For Investigation."
    NOTE:
    When an agent of the prohibited area or a community member observes and reports a CCL violation, Department members will request they sign the complaints attesting to the violation. However, if they refuse and the Department member has personally observed the violation, the Department member may be the complainant in the investigation of the CCL violation and may sign the complaint attesting to the violation.
    EXAMPLE:
    A CCL licensee who is armed with a handgun is observed in a neighborhood public library where a sign is posted prohibiting firearms. The CCL licensee is in violation of the Firearm Concealed Carry Act for being in a prohibited place while armed with a firearm. Upon signed complaints or personal observations of the officer, the licensee will be arrested for the violation and transported to the district station for processing. The licensee's handgun will be inventoried as evidence of the violation.
  • B.When a CCL licensee who is armed with a firearm is arrested for an offense unrelated to the firearm, Department members will:
    • 1.follow the procedures delineated in the Department directive entitled "Firearms Taken Into Custody or Turned In"; and
    • 2.inventory the firearm as "Prisoner Personal Property - Firearm" and indicate "Pick-up Pursuant to Notice of Inventory Return Policy."
      EXAMPLE:
      A CCL licensee who is armed with a handgun is arrested for misdemeanor retail theft. The licensee's handgun was not used in the commission of the theft. The licensee's handgun will be inventoried as "Prisoner Personal Property - Firearm."
    • 3.if the arrestee is charged with a felony (including narcotics offenses), contact Felony Review and inform the prosecutor that the arrestee is a CCL licensee who was armed with a handgun during the commission of the offense.
  • C.When a CCL licensee who is armed with a firearm is transported to the station to post bond for a traffic violation (TVB), Department members will direct the violator to legally secure the firearm prior to entering the district station.
    NOTE:
    If the violator is unable to legally secure the firearm, Department members will inventory the firearm as "Prisoner Personal Property - Firearm."
  • D.Processing a CCL Licensee for being Armed with a Firearm while Under the Influence of Alcohol or Drugs Not Involving the Operation of a Motor Vehicle
    • 1.Consistent with Item III-D of this directive, when a Department member has reasonable suspicion to believe that a CCL licensee who is armed with a firearm while under the influence of alcohol, other drug or drugs, intoxicating compound or combination of compounds, or any combination thereof, the member will determine whether probable cause exists to charge the licensee with 430 ILCS 66/70(d) based upon any or all of the following:
    • 2.Upon determining that probable cause exists for a 430 ILCS 66/70(d) charge, the arresting officer will:
      • a.place the licensee under arrest and transport the arrestee to the district of arrest.
      • b.follow the procedures delineated in the Department directive entitled "Firearms Taken Into Custody or Turned In."
      • c.inventory the firearm as evidence of the violation and indicate "Hold For Investigation."
      • d.request the arrestee consent to a breath test consistent with the procedures outlined in the Department directive entitled "DUI Investigations - Chemical Testing Procedures." A licensee may refuse breath testing.
        • (1)Department members are not required to give Miranda Warnings prior to the request or the performance of the breath test.
        • (2)Department members will not complete a Warning to Motorist or Law Enforcement Sworn Report formset for CCL violations.
      • e.prepare an Alcohol/Drug Influence Report (CPD-22.118), including:
        • (1)observations,
        • (2)field sobriety test results,
        • (3)breath testing information, and
        • (4)interview statements.
          NOTE:
          Department members are required to give Miranda Warnings prior to conducting and completing the interview section.
      • f.submit all the completed reports to the station supervisor in the district of arrest.
    • 3.The station supervisor of the district of arrest will:
      • a.review all reports submitted for accuracy, completeness, and legibility;
      • b.approve, if appropriate, submitted Alcohol/Drug Influence Reports (CPD-22.118) by signing the report; and
      • c.attach the approved Alcohol/Drug Influence Report, breath test result printout, and other pertinent reports to the documents transmitted to the appropriate court.
    NOTE:
    If the offense includes the operation of a motorized vehicle, Department members will follow the procedures delineated in General Order G04-08 entitled "Driving While Under the Influence (DUI) and Zero Tolerance" prior to the investigation of the CCL violation.
  • E.When a CCL licensee who is armed with a firearm is subject to an Investigatory Stop which does not lead to an enforcement action, Department members will confirm the validity of the CCL and document the results in the narrative portion of the Investigatory Stop Report.
  • F.When a CCL licensee who is armed with a firearm is involved in a noncriminal incident, such as a medical emergency, Department members will:
    • 1.follow the procedures delineated in the Department directive entitled "Firearms Taken Into Custody or Turned In";
    • 2.if no other report applies, complete a Lost And Found Case Report (CPD-11.408) for found property with the IUCR code of 5071; and
      CAUTION:
      Department members will not classify the incident as a "Weapon Turn-in" with the IUCR code of 5072. Weapons classified under this code will be disposed of after thirty days.
    • 3.inventory the firearm with the item type of "Firearm - Safekeeping" and the classification action of "Pick-up Pursuant to Notice of Inventory Return Policy."
      NOTE:
      Copy 4 of the eTrack inventory system satisfies the receipt requirement.
V.Special Inventory Procedures for Firearms Designated as "Pick-up Pursuant to Notice of Inventory Return Policy"
  • A.Firearms recovered from CCL licensees and designated as "Pick-up Pursuant to Notice of Inventory Return Policy" will not be returned to the owner in district stations. All firearms recovered will be returned to the owner by the Evidence and Recovered Property Section (ERPS) pursuant to the procedures established by the commander of ERPS.
  • B.Firearms designated as "Pick-up Pursuant to Notice of Inventory Return Policy" will be inventoried on a separate Property Inventory and secured in the appropriate Personal Property Envelope (CPD-11.500).
VI.Responsibilities
The Records Division will review and investigate applicants entered into the CCL database for objections. The Director, Records Division, will designate personnel to:
  • A.review and investigate applicants entered into the Illinois State Police (ISP) CCL database to determine if reasonable suspicion exists that the applicant is a danger to himself or herself or others, or a threat to public safety;
  • B.prepare an objection if the requisite reasonable suspicion exists, including the relevant information that supports the objection; and
    NOTE:
    Objections will be made within 30 days after the entry of an applicant into the CCL database.
  • C.when necessary contact the  Office of Legal Affairs to determine if formal legal review is required.
Authenticated by: KC
John J. Escalante
Interim Superintendent of Police
15-185 CAW
PHONE BOOK:
1.
Office of Legal Affairs
PAX 0485