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Pontiac, IL police policies and procedures on the new concealed carry licenses in Illinois.

For your information only.

 

Pontiac Police Response to:

Concealed Carry Permits in Illinois

Statute

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3497&ChapterID=39

Rules

Must possess the license when carrying concealed except:

When on own land, abode or fixed place of business

On another’s land or dwelling as an invitee with permission.

Firearm is broken down in non-functioning state or unloaded and cased.

Rules

Investigative or traffic stop, but not limited to, person or passenger in a vehicle when requested by police must disclose.

It is officer discretion to ask (and safer)

Disarming a licensee requires reasoning (articulate officer safety etc…)

Database

Access to permit database is limited to the Police Administration

Officers by PPD rule are not allowed to disclose or comment in any manner about someone on the licensee list

We will discuss regularly who has applied for any info on potential objections.

 Info is NOT available by FOIA

Objections

Made by Chief of Police

May be for a variety of reasons

Mental stability

History of violence

Objections go before the State Board for review

Who can be licensed?

21

Valid FOID

No convictions of:

Misdemeanor involving force or violence

2 or more DUIs in 5 years

Not subject to pending arrest warrant

Not been in treatment within 5 years

Completed firearms training (16 hours)

Prohibited Areas

Building, real property, parking area under control of:

Public or private elementary or secondary school

Pre-school or child care facility

Executive or legislative branch of government

Prison or jail

Public or private hospital

Public transportation (plus the transportation vehicle)

Establishment where more than 50% gross receipts from alcohol (past 3 months receipts)

Community college or university

Public Library

Airport

Museum

Prohibited Areas

Building designated for matters before courts

Building or portion of a building under the control of a unit of local government.

Any public gathering for which a permit is issued

Any building or real property issued a Special Event Retailer’s License defined by Liquor Control Act

Any public playground

Any public park, athletic area, or athletic facility under the control of municipal government.  EXCEPT

If on a trail or bikeway where only a portion is contained in a park.

Places prohibited by Federal Law

Parking Lots that are prohibited

Parking area prohibitions exempts person from entering upon parking if firearm is then lawfully left in vehicle passenger compartment or person may exit car and store firearm in the trunk. The only parking area exception to this where firearm is just not allowed on the property is a nuclear facility or place federally prohibited.

Private Persons

May prohibit by posting of the required sign (sign is required except at a residence)

Signs

Must be conspicuously posted at entrance

Violations

If intoxicated Class A misdemeanor

Others class B misdemeanor

Conviction of a concealed carry offense when license is valid, license holder may not also be subject to Unlawful Use of Weapons statutes simply because of a permit violation

Exempt

Certified police are exempt

Gray areas and our policy

The firearm does not have to be on the person in a vehicle, It may be placed in a reachable concealed or partially concealed location seems reasonably natural.  We should expect a licensee would be cautious enough not to leave a firearm accessible to unauthorized passengers and that duty is the licensees alone, not governments.

Disarming

With regard to disarming, we take the position that the officer need not disarm as a general rule and that reasonable articulated reasoning based on factors the officer deems necessary to protect himself or others should guide the officer’s decision to disarm.  Failure to comply may be a separate criminal violation.

Child Care Facilities

With regard to child care facility, the definition is confusing.  The state has multiple definitions of “child care facility” just within the Child Care Act of 1969 itself.  We take the position that if you care for someone else’s child away from the child’s home, you are operating a child care facility and the firearms should be locked up while care takes place.  Ultimately should an issue arise, it would probably only come to light if something bad happened and the ticket for a permit violation can be argued in court.  If complaints are simply made by a parent we really won’t have probable cause to investigate it anyway and a simple notice to the licensee on our position should be enough.

Public Playgrounds

Public Playground:  We we take the position that public means under the control of the municipality therefore exempting private playgrounds such as the Lutheran Church regardless if they have a policy to allow public access.

Trails and Bikeways

Trail and bikeways. We are best to consider the sidewalks through Riverside, Fell or any park as a trail or bike way since they are not defined and staying in the park is prohibited anyway.

Under Control of City

Proud store, rental homes and buildings owned by the City.   The direct definition of under the control of the city is not laid out.  We take the position that any agent of the city must be able to freely come and go at any hour of the day for it to be under the care and control.

Parades…

Parades- by statute I do think it is a prohibited place, however, impossible to enforce because establishing boundaries is impossible.  This would be an issue like the child care where we need only be involved if something bad comes to light and a court can decide.  We will not seek out licensees at public parades or venues where no specific borders are defined.

Airport

It is clear that the airport and any of its buildings are prohibited regardless if an employee had a license or not.  A home albeit a building on airport property, is not under control simply by ownership since the city cannot come and go freely.

Rec-Plex

Prohibited area but licensee may enter in a vehicle and stow the firearm in the vehicle and or exiting the vehicle to use the trunk.

FAQ’s

I was involved in a motor vehicle crash and the EMS will not allow a firearm in the ambulance

When available, the Pontiac Police Department as a courtesy to permit holders will offer to hold the firearm at the police department until it can be recovered otherwise it may be locked in the vehicle or given to a valid FOID holder (unloaded and cased) or another permit holder.

FAQ’s

As a business owner, if I put up a prohibited sign, does it include me?

No.  Actually no permit is needed to carry a firearm in your own business, on your own land, or in your own home.  Owners may decide who is permitted to carry on their property.  We suggest either allowing all permit holders or prohibiting all otherwise you would be best to create a permission form if permission is discriminate.

FAQ’s

Can I conceal carry my short barreled rifle?

NO  The permit applies only to handguns.

FAQ’s

How will police know who is a permit holder?

Truth is they won’t.  Police can ask when lawfully engaging a citizen and the citizen is obligated to reply truthfully.  Other factors outside of permits still govern officer safety, pat down searches and more intrusive searches.

FAQ’s

Got a good question on concealed carry?  Ask and we will post the answer

pontiacpd@pontiac.org

Want Pontiac PD to talk to your group about concealed carry rights?

Call Chief Jim Woolford 815-844-5148