Transcript Pontiac Police response to

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
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– 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:
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– 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
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Building, real property, parking area under control of:
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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
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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.
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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
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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
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Exempt
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Certified police are exempt
Gray areas and our policy
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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
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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
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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
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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
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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
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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…
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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
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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
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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
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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
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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
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Can I conceal carry my short barreled
rifle?
– NO The permit applies only to handguns.
FAQ’s
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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
[email protected]
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Want Pontiac PD to talk to your group
about concealed carry rights?
Call Chief Jim Woolford 815-844-5148
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