Is Illinois a Duty to Inform State? Only If Asked

Duty to Inform in Illinois

Overview

Illinois has a duty to inform upon request - not a proactive duty. Concealed carry licensees and qualifying non-residents are required to disclose that they are carrying a concealed firearm only when asked by a law enforcement officer during an investigative stop.

Statutory Basis

430 ILCS 66/10(h) governs the duty to inform:

If an officer of a law enforcement agency initiates an investigative stop, including, but not limited to, a traffic stop, of a licensee or a non-resident carrying a concealed firearm under subsection (e) of Section 40 of this Act, upon the request of the officer the licensee or non-resident shall disclose to the officer that he or she is in possession of a concealed firearm under this Act, or present the license upon the request of the officer.

Key Requirements

1. Disclosure Upon Request: When a law enforcement officer initiates an investigative stop (including traffic stops) and requests disclosure, the licensee or non-resident must:

   • Disclose that they are in possession of a concealed firearm, OR
   • Present their concealed carry license (for licensees), OR
   • Present qualifying documentation (for non-residents carrying under 430 ILCS 66/40(e))

2. Identification of Firearm Location: Upon the officer's request, the licensee or non-resident must identify the location of the concealed firearm.

3. Permit Securing of Firearm: Upon the officer's request, the licensee or non-resident must permit the officer to safely secure the firearm for the duration of the investigative stop.

4. Passengers Must Also Comply: During a traffic stop, any passenger within the vehicle who is a licensee or a non-resident carrying under subsection (e) of Section 40 must also comply with these same requirements.

Contact with Law Enforcement or Emergency Services (430 ILCS 66/10(h-1))

If a licensee or qualifying non-resident carrying a firearm is contacted by a law enforcement officer or emergency services personnel:

• The officer or emergency personnel may secure the firearm or direct that it be secured during the contact if they determine it is necessary for the safety of any person present.
• The licensee or non-resident shall submit to the order to secure the firearm.
• The firearm must be returned before releasing the person from the scene, provided:
  • The person is determined not to be a threat to safety, and
  • The person is physically and mentally capable of possessing the firearm.
• If the person is transported for treatment, the firearm shall be turned over to a peace officer, who must provide a receipt including the make, model, caliber, and serial number of the firearm.

License Possession Requirement (430 ILCS 66/10(g))

A licensee must possess their license at all times while carrying a concealed firearm, with limited exceptions:

• Carrying on their own land, in their abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission
• When authorized under Section 24-2 of the Criminal Code of 2012, except subsection (a-5) of that Section
• When the handgun is broken down in a non-functioning state, not immediately accessible, or unloaded and enclosed in a case

Important Notes

• Illinois does not require proactive (unprompted) disclosure of concealed carry status to law enforcement. The duty arises only upon the officer's request.
• The duty applies during investigative stops, which explicitly includes but is not limited to traffic stops.
• Both licensees and qualifying non-residents are subject to the same duty to inform requirements.

(Source: 430 ILCS 66/10, as amended by P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)