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posted on 6/9/18

Most legislation is a bundle of compromises, and that is certainly true of Illinois’ carrying a concealed weapon law. Many law enforcement agencies bitterly opposed the measure. These groups rather understandably resist anything that puts more weapons on the streets. However, citizens do have a limited Constitutional right to bear arms. Most all other states had already codified this right into a weapons carry law.

So, here is the compromise: It is rather easy to obtain a CCW permit in Illinois, and it is also rather easy to lose one.

Protective Order

The law specifically states that an Emergency Protective order qualifies as a protective order. That provision can be quite problematic, as a judge can issue an emergency protective order after hearing only one side of the story. Furthermore, the respondent may not receive official notice of the EPO for several days or even longer.

If a judge issues a protective order against you, it is important to talk to an attorney experienced in orders of protection right away. A lawyer might be able to get the order limited, modified, or even thrown out altogether. The law technically requires CCW licenseholders to affirmatively surrender their licenses in this situation. Failure to do so could constitute a separate license infraction. So, the longer you wait, the more complicated things become.

License Expiration

Like drivers’ licenses and library cards, CCW licenses do not automatically renew. The state wants to make sure that you still meet the qualifications. Allow plenty of time to renew the license and do not wait until the last minute. Technically, your old license is still good as long as you have submitted a renewal application. But, an expired license is an additional hassle that you do not need.

Guns and Alcohol

Carrying a weapon while “under the influence” of alcohol and/or another substance is a Class A misdemeanor; most other license infractions are Class B misdemeanors. “Under the influence” usually means that you have blown over a .08.

If you were arrested for an alcohol-related offense, such as DUI or public intoxication, your license may be in trouble. Typically, these offenses involve independent evidence of impairment, such as poor performance on field sobriety tests. Absent such evidence, however, your CCW license is probably okay. Still, it may be a good idea not to take your gun if you go to a place that sells alcohol. That establishment is probably a prohibited place anyway.

Providing False Information

Subsection (i) specifically applies to firearms instructors who issue false class completion certificates. The penalties are quite severe. Persons who provide fake certificates are guilty of a Class A misdemeanor and ineligible for court supervision. Moreover, these individuals permanently lose their instructor certificates. Note that this provision also applies to “exaggerated” certificates. If the paper says the person completed 10 hours of training but actually only completed nine, it is a false certificate.

Contact Aggressive Attorneys

People who have a CCW license go through a lot of training and background in order to obtain the license. If this license is at stake, please call someone with experience in the field. Thomas Glasgow has lectured on the topic to the Illinois Bar Association, The Illinois Institute of Legal Education and for multiple concealed carry classes throughout the state. For a confidential consultation with an experienced criminal defense lawyer in Schaumburg, contact Glasgow & Olsson.

(image courtesy of Jack Finnigan)