The Second Amendment to the U.S. Constitution gives American citizens the right to keep and bear arms. However, that right is not unconditional. Federal, state and local governments also have the right to regulate the use of firearms in accordance with public safety.
Last year, after an appellate court ruled on the constitutional question, Illinois became the last state in the nation to enact concealed carry legislation. Under the new law, state residents may apply for concealed carry permits. Applicants must undergo a background check, take firearm training, and receive a passing grade on the state’s firearm safety exam before their permit requests will be approved by law enforcement. The first permits were issued in March.
Interestingly, one safety course instructor has noticed a steady uptick in the number of women and senior participants. Currently, about 12 percent of Illinois’s concealed carry applicants are women.
Having Your License Revoked
Once a license is issued, the licensee must then comply with certain requirements or risk losing that license. For example, the state may revoke a concealed carry license if:
- The licensee no longer meets the eligibility requirements under state or federal law;
- An order of protection is entered against the licensee, including an emergency order, for the duration of the order; or
- The licensee carries a concealed weapon while under the influence of alcohol, drugs or another intoxicating compound.
Carrying a concealed weapon while under the influence can have more serious repercussions than a revoked license. A first or second offense is a Class A misdemeanor, punishable by up to a year in jail and a $2,500 fine. A third offense is a Class 4 felony, punishable by one to three years in prison and a $25,000 fine.
Other violations of the Concealed Carry Act are a Class B misdemeanor, punishable by six months in jail and a $1,500 fine. A subsequent offense is a Class A misdemeanor. Violators are also on the hook for a $150 fee paid to the Mental Health Reporting Fund.
The Concealed Carry Act sets forth other requirements for licensees, including prohibitions on where a concealed weapon may be carried. For example, concealed weapons are not permitted in schools, child-care facilities, stadiums or on public transportation. Licensees are also forbidden from carrying concealed weapons into businesses displaying state-issued signs stating that firearms are not allowed inside the premises.
What Happens After Your License Has Been Revoked
This is what happens if you receive notice that your concealed carry license has been revoked:
- Within 48 hours, you must surrender your license to your local law enforcement agency;
- The local agency will give you a receipt and will turn the license over to the Department of State Police;
- If you fail to surrender your license, law enforcement may seek a warrant to search for and seize it from you; and
- If found in possession of a revoked license you may be arrested and charged with a Class A misdemeanor.
Gun ownership is a right, but it is also a responsibility. If you are charged with violating any aspect of the Concealed Carry Act, contact one of our experienced defense attorneys today. We can assist those in Chicago and its surrounding counties.