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Rules Concerning Concealed Carry Rejections Have Been Amended

Those who fail to receive concealed carry permits will now have reasons as to why they do not, according to an Illinois State Police announcement. Previously, a clandestine seven-person Concealed Carry Licensing Review Board met to look over an individual's history with police regarding offenses which did not result in a criminal conviction. When the Board settled on rejecting an applicant, the applicant was notified by mail that they had been denied their permit and were not given an explanation as to the reason.

The Board was the result of a US appellate court decision which struck down a state concealed carry ban in 2012. Due to this fact, a review committee was quickly put together.

The new rules will require the Board to inform an applicant if there is a credible objection to their application and give the reason for the objection. The applicant will receive the basis of the objection along with the agency which brought it and will be given 10 days to respond. The executive director of the Illinois State Rifle Associate, Richard Pearson, supports the amendment, arguing, "If you are not convicted of a crime, then you are innocent. You have to use that standard."

Are the new rules enough?

Others feel the legislation fell short of addressing more serious problems, specifically the heavy representation on the Board of Law Enforcement and the discretion given to the Board to consider information other than an applicants' criminal record. "Whether any applicant gets a hearing is totally by the discretion of a board that is dominated by law enforcement," remarked a lawyer who represents some of the denied applicants. "They assume that every arrest is going to be a good arrest...and that's not true."

We Can Fight for You

If you have been denied a conceal carry permit or if you have been arrested for possession of a firearm, the right representation could make all the difference. You need the experienced criminal defense team at Martin & Kent, LLC. Give us a call today for a no-cost consultation and we can begin working on your behalf!

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