Emergency Rules for Concealed Carry Denials

Tools

By Stephanie Tyrpak
By Randy Livingston

WSIL -- Illinois State Police are making changes to the concealed carry permitting process. People whose applications are denied will now know who objected and why. It comes after a group of gun owners filed a lawsuit saying the current system is too secretive.  

When law enforcement thinks someone shouldn't carry a weapon, they let ISP know. That concern is then checked out by the license review board, and they decide on the permit.
 
The agency announced new emergency rules for the board late Monday afternoon. They had received more than 200 petitions asking for denials to be reviewed.
 
West Frankfort Police Chief Shawn Talluto logs in to the State Police website every couple weeks and scans over a changing a list of names.
     
"The people that are on that are there for 30 days through the application process," said Talluto. 
 
There are usually 10 or 20 West Frankfort residents hoping to get their concealed carry permit.
 
"These are people that want to protect their property, protect themselves," said Talluto. 
     
He checks the list for troublemakers and has flagged one person so far. He then shares his concerns with state police.
 
"Then they of course will make the determination whether or not to revoke that application," said Talluto. 
 
Talluto believes the oversight is a good tool for law enforcement. He wouldm't mind if the information about who objects to a permit-- and why is shared with the applicant.
 
"There's nothing that would be, I feel like that would be under board so to speak, to say well I rejected you because," said Talluto. 
     
A pair of state and federal lawsuits filed in April claim the state shouldn't be allowed to keep that information secret. When there's an objection, the application goes to a special review board. If the board denies a permit, a person would get a generic letter.
 
"They were given no indication other than just a blanket statement that the board had deemed them a danger to public safety," said Attorney Pete Patterson. 
 
Patterson has been arguing his clients have the right to know about objections and bring in their own evidence to counter claims.
 
"That's a kind of classic denial of the due process of law," said Patterson. 
 
Patterson also believes applicants who are denied deserve a detailed explanation from the board.
 
"Before you can arrive at that sort of decision which has the effect of stripping individuals of a fundamental constitutional right," said Patterson. 
 
The state lawsuit is set to be heard in Springfield on July 24.
 
Illinois State Police released this statement Monday afternoon:
 
"Illinois State Police (ISP) officials announced today that emergency amendments were filed on Thursday, July 10, effective immediately, to further strengthen the statutory framework of the Firearm Concealed Carry Act.  
 
The emergency rules include a provision on the consideration of objections and the decisions of the Concealed Carry License Review Board (CCLRB).  If an application may be denied, the CCLRB will send the applicant notice of the objection, including the reason for the objection and the agency submitting the objection.  The applicant has 10 days to provide the CCLRB with evidence to prove the applicant's eligibility.  
 
"Our work as a Board continues to evolve and collectively we have been judicious in supporting the state's implementation of the Firearm Concealed Carry Act. The Board thoughtfully considers every objection received from law enforcement agencies, and we believe that these emergency rules will provide a more defined framework on processes and procedures that impact applicants and the public," said CCLRB Chairperson Robinzina Bryant."
Marion Regional
Current: 86°
Cloudy
High: 86°
Low: 59°
Wind: 15 MPH
Pressure: 0.00
Humidity: 55 %

What's on WSILTV Full Schedule