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Tuesday, January 14, 2014

Rules for Concealed Carry Signs Expected to Receive Final Approval

As we have previously reported, a sign approved by Illinois State Police (“ISP”) must be “clearly and conspicuously” posted at the entrance of any area where firearm possession by concealed carry licensees is prohibited under the Firearm Concealed Carry Act, except for private residences. These “prohibited areas” include government buildings, schools and areas within 1,000 feet of school grounds, parks and playgrounds, public gatherings requiring a permit, and libraries. The Act became effective on July 9, 2013, and ISP later posted a sign on its website, but the administrative rules relating to signage have not yet been adopted.

The administrative rules for concealed carry signs are expected to be published in the Illinois Register on Friday, January 17, 2014. The proposed rules would allow prohibited areas to utilize signage larger than 4” x 6”.  Additionally, the rules would allow additional language on the signs. However, ISP’s approved form must appear on the sign no smaller than the 4” x 6” dimension required by the Act. Meanwhile, ISP has accepted over 11,000 concealed carry license applications, which must be approved or denied by ISP within 90 days. With the forthcoming adoption of the concealed carry rules, and the approval of the first concealed carry licenses, the required signs should be “clearly and conspicuously” posted at the entrance of any prohibited area (except private residences), if they have not been posted already.

The Act and the proposed rules do not define an “entrance” to a prohibited area. Entrances to buildings are usually easy to identify, but entrances to “real property” and “parking areas” will probably need to be evaluated on a case-by-case basis.  Where the statute requires posting at “the entrance,” rather than “every entrance,” posting the sign at the main entrance to each building, property, or parking area classified as a “prohibited area” would likely satisfy requirements of the Act.

Post Authored by Daniel J. Bolin, Ancel Glink


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