TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
SUBPART A: DEFINITIONS SUBPART B: INSTRUCTOR AND CURRICULUM APPROVAL
SUBPART C: FIREARM CONCEALED CARRY LICENSURE
SUBPART D: MISCELLANEOUS |
AUTHORITY: Implements the Firearm Concealed Carry Act [430 ILCS 66] and authorized by Section 95 of that Act.
SOURCE: Adopted by emergency rulemaking at 37 Ill. Reg. 15146, effective August 30, 2013, for a maximum of 150 days; adopted at 38 Ill. Reg. 2322, effective December 31, 2013; emergency amendment at 38 Ill. Reg. 9703, effective April 16, 2014, for a maximum of 150 days; emergency rule modified in response to JCAR Objection at 38 Ill. Reg. 13410, effective June 10, 2014, for the remainder of the 150 days; emergency amendment at 38 Ill. Reg. 16010, effective July 10, 2014, for a maximum of 150 days; amended at 38 Ill. Reg. 19282, effective September 12, 2014; emergency amendment at 44 Ill. Reg. 6170, effective April 6, 2020, for a maximum of 150 days; emergency expired September 2, 2020; emergency amendment at 44 Ill. Reg. 15823, effective September 3, 2020, for a maximum of 150 days; emergency expired January 30, 2021; emergency amendment at 45 Ill. Reg. 2767, effective February 19, 2021; for a maximum of 150 days; emergency expired July 18, 2021; amended at 45 Ill. Reg. 11206, effective August 30, 2021; amended at 46 Ill. Reg. 1081, effective December 21, 2021.
SUBPART A: DEFINITIONS
Section 1231.10 Definitions
In addition to the definitions included in this Section, any additional definitions created in Section 5 of the Act apply.
"Act" means the Firearms Concealed Carry Act [430 ILCS 66].
"Active" means the Firearm Concealed Carry License is active in the online FOID/FCCL system and valid for purposes of carrying a concealed firearm.
"All Applicable State and Federal Laws Relating to the Ownership, Storage, Carry and Transportation of Firearms Instruction" means, at a minimum, instruction on the Act in its entirety, with emphasis on Sections 10(h) and 65 of the Act; the Firearm Owner Identification Card Act [430 ILCS 65]; relevant portions of the Criminal Code of 2012, including but not limited to, use of force in defense of a person [720 ILCS 5/7-1], use of force in defense of dwelling [720 ILCS 5/7-2], use of force in defense of other property [720 ILCS 5/7-3], and unlawful use of a weapon [720 ILCS 5/Art. 24].
"Application Verification Document" means the documents electronically generated by the Department upon submission of a completed Firearms Instructor Approval Application, which authorizes the Department to verify the answers given and confirm the validity of the information provided.
"B-27 Silhouette Target" means any target that complies with the National Rifle Association of America B-27 50 Yard Target Specifications.
"Basic Principles of Marksmanship Instruction" means, at a minimum, instruction on stance, grip, sight alignment, sight picture and trigger control.
"Care, Cleaning, Loading and Unloading of a Concealable Firearm Instruction" means, at a minimum, instruction on gun identification, ammunition identification and selection, safety and cleaning protocols, cleaning equipment, and firearms loading and unloading.
"CCLRB" means the Concealed Carry Licensing Review Board.
"Department" means the Illinois State Police.
"Designator" means an indication printed on the face of a FOID Card signaling that the card holder has been issued an FCCL.
"FCCL" means Firearms Concealed Carry License issued pursuant to the Act, which may be indicated as a Designator printed on the face of a FOID Card.
"Firearms Safety Instruction" means, at a minimum, instruction on the four basic firearms handling safety rules, home storage, vehicle storage and public storage.
"FOID Act" means the Firearm Owner's Identification Card Act [430 ILCS 65].
"FOID Card" means the Firearm Owner's Identification Card as defined in Section 6 of the FOID Act, which may include an FCCL Designator printed on the face of the card.
"Four Basic Firearms Handling Safety Rules" means:
Keep the firearm pointed in a safe direction and never at anything the shooter is not willing to destroy;
Keep finger off the trigger until the sights are aligned on target and the shooter is ready to shoot and do not press on the trigger unless the shooter intends to fire;
Treat all guns as though they are always loaded; and
Know the target and what lies beyond the target.
For purposes of Section 75(e) of the Act, "hit the target" shall mean hit the scoring area of the B-27 Silhouette Target.
"Illinois Resident" means a person who qualifies for an Illinois driver's license, other than a Temporary Visitor's Driver's License (TVDL), or an Illinois State identification card due to his or her establishment of a primary domicile in Illinois.
"In Person" means during a live, face-to-face interaction and not via video conference, webinar or any other electronic media, except that pre-recorded materials may be used by an instructor during a live presentation.
"Law Enforcement Official" means an employee of a government agency who:
is authorized by law to engage in or supervise the prevention, detection, investigation, prosecution or incarceration of any person for any violation of law;
has statutory powers of arrest or custodial detention;
is authorized by the agency to carry a firearm while on duty;
is not the subject of any disciplinary action by the employing agency that could result in termination;
meets the standards established by the agency that require the employee to regularly qualify in the use of a firearm; and
is not prohibited by federal law from possessing a firearm.
"LEADS" means the Illinois Law Enforcement Agencies Data System maintained by the Department. It is a statewide, computerized telecommunications system designed to provide services, information and capabilities to the Illinois law enforcement and criminal justice community.
"NICS" means the National Instant Criminal Background Check System maintained by the Federal Bureau of Investigation.
"NLETS" means the National Law Enforcement Telecommunications System.
"Online FOID/FCCL System" means the Department's applicant and person-to-person portal which allows a person to apply for a FOID Card or FCCL and access their FOID Card/FCCL dashboard, as well as determine whether the applicant's FOID Card or another person's FOID Card is valid and active where permitted by law.
"Public Storage" means storage at publicly-owned location, for example in a storage locker provided by a public or government facility, which may or may not have its own storage rules or protocols.
"Purchaser" means any person who is buying or receiving firearms or firearms ammunition as part of sale or transfer.
"Reset" means the Department takes action to ensure the applicant may reapply with its online FOID/FCCL system.
"Seller" means any person who is selling or transferring firearms or firearms ammunition as part of a sale or transfer.
"Transfer" means the permanent relinquishment of ownership of a firearm to another person regardless of whether consideration or money is received by the seller.
"Substantially Similar" means the comparable state regulates who may carry firearms, concealed or otherwise, in public; prohibits all who have involuntary mental health admissions, and those with voluntary admissions within the past 5 years, from carrying firearms, concealed or otherwise, in public; reports denied persons to NICS; and participates in reporting persons authorized to carry firearms, concealed or otherwise, in public through NLETs.
"United States Armed Forces" shall, for purposes of Section 75 of the Act, include all branches of the U.S. Military (Army, Air Force, Coast Guard, Marine Corps and Navy), as well as the Federal Reserve Components (Army, Navy, Air Force, Marine Corps and Coast Guard) and National Guard (Army and Air).
"Valid Driver's License" or "Valid State Identification Card" means current and not suspended, revoked, expired, cancelled, invalidated, denied or disqualified. It does not include a temporary visitor's driver's license (TVDL).
"Valid Firearms Instructor Certification" means certification as:
a Law Enforcement Firearms Instructor; or
a Firearms Instructor qualified to teach either handgun safety or a handgun training course that requires in-person classroom or lecture sessions totaling at least 3 hours and a live handgun firing component that was issued by:
a law enforcement entity;
a State or federal government entity (e.g., Military, Coast Guard, etc.);
the Illinois Law Enforcement Training Standards Board;
the National Rifle Association of America (NRA); or
any other entity recognized by at
least 3 state or federal government agencies as being qualified to
provide education and training in the safe and proper use of firearms that
maintains a program or process to certify instructors.
"Weapons Handling Instruction" means, at a minimum:
handgun fundamentals;
handgun concealment;
live fire qualification instruction; and
live fire qualification with a concealable firearm using a B-27 silhouette target consisting of a minimum of 30 rounds and 10 rounds from a distance of 5 yards, 10 rounds from a distance of 7 yards and 10 rounds from a distance of 10 yards.
"Within a Vehicle" means within the passenger compartment of a passenger or recreational vehicle or within a lockable container secured to a motorcycle.
(Source: Amended at 46 Ill. Reg. 1081, effective December 21, 2021)
SUBPART B: INSTRUCTOR AND CURRICULUM APPROVAL
Section 1231.20 Instructor Approval
a) Applicants for Concealed Carry Firearm Instructor (Instructor) approval shall meet the requirements of Section 80 of the Act and shall maintain:
1) A valid Firearm Owner's Identification (FOID) Card or, if an out-of-state resident, the applicant must meet all of the eligibility requirements to obtain a FOID Card other than Illinois residency (see 20 Ill. Adm. Code 1230); and
2) After April 16, 2014, a valid FCCL, unless the applicant is not required to possess an FCCL to conceal and carry handguns in Illinois, or, if the applicant is an out-of-state resident not from a substantially similar state, that person shall provide proof to the Department upon request that he or she is not required to possess an FCCL to conceal and carry handguns in Illinois, or that he or she is eligible to carry under the laws of his or her state or territory of residence.
b) Application to be a Concealed Carry Firearms Instructor shall be made by first submitting a full set of fingerprints to the Department in an electronic format using a Live Scan Vendor licensed by the Department of Financial and Professional Regulation or a law enforcement agency registered by the Department. Manual fingerprints will not be accepted.
c) Upon receiving a Live Scan Fingerprint Transaction Control Number (TCN) from the Licensed Live Scan Vendor or law enforcement agency registered by the Department, the applicant shall electronically complete and submit the Department's Concealed Carry Firearms Instructor Approval Application (Application), available on the Department's website at www.isp.state.il.us.
d) The Application must be complete and accurate. Incomplete Applications will not be accepted or processed. Upon receipt of an incomplete Application, the Department shall notify the instructor applicant and advise what information is missing. If an instructor applicant has not provided the missing information in response to the Department's notification within 60 days after notice from the Department, the Application shall be denied.
e) Applicants must have read the Act in its entirety and understand the rules and requirements of this Part.
f) Applicants must meet all of the requirements of Section 30 of the Act.
g) Upon completing and submitting the Application electronically, the applicant must print the Application Verification Document, sign it, have it notarized, attach the required Valid Firearms Instructor Certifications, and submit the Certification documents to:
Illinois State Police
Concealed Carry Firearms Instructor Approval
P.O. Box 19333
Springfield IL 62724
(Source: Amended at 38 Ill. Reg. 19282, effective September 12, 2014)