Firearm Concealed Carry PDF Policy Manual

Policy Des Plaines Police Department 434 Des Plaines PD Policy Manual Firearm Concealed Carry 434.1 PURPOSE AND SCOPE This policy provides guidance for responding to situations involving individuals who possess concealed carry handgun licenses under the provisions of the Illinois Firearm Concealed C...

Policy Des Plaines Police Department 434 Des Plaines PD Policy Manual Firearm Concealed Carry 434.1 PURPOSE AND SCOPE This policy provides guidance for responding to situations involving individuals who possess concealed carry handgun licenses under the provisions of the Illinois Firearm Concealed Carry Act (430 ILCS 66/1 et seq.). 434.2 POLICY The Des Plaines Police Department respects the rights of individuals to carry concealed handguns in compliance with the Illinois Firearm Concealed Carry Act. It is the policy of the Des Plaines Police Department to not unreasonably interfere with or discriminate against individuals who lawfully carry concealed handguns. 434.3 OFFICER RESPONSIBILITY When an officer initiates an investigative stop, including a traffic stop, and determines that any persons contacted, including passengers, are in possession of concealed firearms and are license holders, the duration of the contact may only be extended by the amount of time reasonably necessary to verify the validity of the license or to verify that possession of the weapon is lawful, absent reasonable suspicion of other criminal activity. If an officer reasonably believes a person is a clear and present danger because the person has engaged in verbally or physically threatening behavior (e.g., violent, suicidal or assaultive threats or actions), the officer shall report this information to the Illinois State Police (ISP) within 24 hours (430 ILCS 65/8.1). The fact that ISP has been notified and the manner of notification should be documented. The officer should consider whether it is appropriate and consistent with current search and seizure law under the circumstances to seize any such firearms or other dangerous weapons (e.g., safekeeping, evidence, consent). Officers are cautioned that a search warrant may be needed before seizing weapons or entering a residence or other place to search, unless a lawful, warrantless entry has already been made (e.g., exigent circumstances, consent). 434.3.1 OFFICER SAFETY If an officer reasonably believes it is necessary for the safety of anyone present, the officer may secure a firearm or direct that it be secured during any contact with a licensee lawfully carrying a firearm or non-resident lawfully transporting a firearm in a vehicle. The officer shall return the firearm to the person after it is determined he/she is not a threat to the safety of any person present unless he/she is being transported to another location for treatment, in which case the officer shall proceed as provided in the Firearms in Non-Custody Situations section of this policy (430 ILCS 66/10(h-1)). Copyright Lexipol, LLC 2024/02/13, All Rights Reserved. Published with permission by Des Plaines Police Department Firearm Concealed Carry - 1 Des Plaines Police Department Des Plaines PD Policy Manual Firearm Concealed Carry 434.4 FIREARMS IN CUSTODY SITUATIONS No person shall be transported in a department vehicle or be brought into a department facility or other prohibited facility while armed. If no other reasonable accommodation for the firearm is available, officers should take possession of the firearm, safely secure it during transport and retain possession until the person is released. If the person is not released, the firearm will be submitted to the Property and Evidence Section as evidence or for safekeeping. If a licensee’s vehicle is towed and his/her firearm is in the vehicle, officers should handle the vehicle inventory in a manner that is consistent with the Vehicle Towing Policy. The officer should remove any firearms and submit them to the Property and Evidence Section for either safekeeping or evidence, whichever is appropriate for the circumstances. If the firearm is locked in a storage container inside the vehicle and is not considered evidence, officers should ask the licensee whether he/she prefers to have the firearm secured for safekeeping in the Property and Evidence Section or left with the vehicle. If the licensee chooses to leave the firearm with the vehicle, his/her decision should be documented in the incident report or towed vehicle report. The handling officer should provide a receipt, along with instructions for regaining possession of the firearm. Any firearm retained and stored for safekeeping shall be returned to the lawful owner, without fees, in accordance with the Property and Evidence Section Policy. 434.5 FIREARMS IN NON-CUSTODY SITUATIONS If a licensee who is in lawful possession of a firearm is encountered under circumstances where he/she cannot adequately secure the firearm, (i.e., is incapacitated or being transported to the hospital for medical reasons), the firearm shall be retained and submitted to the Property and Evidence Section for safekeeping. The handling officer should provide a receipt documenting the make, model, caliber and serial number of the firearm, along with instructions for regaining possession of the firearm. Any firearm retained and stored for safekeeping shall be returned to the lawful owner, without fees, in accordance with the Property and Evidence Section Policy (430 ILCS 66/10(h-1)). 434.6 OBJECTIONS TO LICENSE APPLICATIONS State law allows law enforcement agencies to file an objection to a license applicant when there is reasonable suspicion that the applicant is a danger to him/herself or others, or poses a threat to public safety (430 ILCS 66/15(a)). Any member who becomes aware of a license applicant who the member reasonably suspects is a danger to him/herself or others, or who poses a threat to public safety should promptly forward an incident report or a memorandum, as appropriate, to the Chief of Police or the authorized designee for approval and forwarding to ISP. 434.7 SURRENDER OR SEIZURE OF LICENSES Members receiving a concealed carry license that has been voluntarily surrendered to the department because it has been revoked, suspended or denied shall provide the individual Copyright Lexipol, LLC 2024/02/13, All Rights Reserved. Published with permission by Des Plaines Police Department Firearm Concealed Carry - 2 Des Plaines Police Department Des Plaines PD Policy Manual Firearm Concealed Carry surrendering the license with a receipt and ensure that the license is forwarded to ISP (430 ILCS 66/70). Officers should seize concealed carry licenses when the officer serves an order of protection and the person served is known to possess a concealed carry license. A notification of the order and the license must be forwarded to ISP within seven days of the date the order was served (430 ILCS 66/70). It is a misdemeanor for a person to fail to surrender a concealed carry license within 48 hours of receiving notice of the revocation, denial or suspension of the license. Officers observing a license in the possession of a person whose license has been revoked, suspended or denied should consider seizing the license as evidence, if there are articulable facts that establish the person was aware of the revocation, suspension or denial. If the license is seized as evidence, ISP should be notified as soon as practicable. A copy of the report should be forwarded to ISP. Copyright Lexipol, LLC 2024/02/13, All Rights Reserved. Published with permission by Des Plaines Police Department Firearm Concealed Carry - 3