SB2150 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2150

 

Introduced 6/30/2015, by Sen. Darin M. LaHood

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 66/40
430 ILCS 66/60

    Amends the Firearm Concealed Carry Act. Provides that notwithstanding whether the laws of the state or territory where the non-resident resides related to firearm ownership, possession, and carrying, are substantially similar to the requirements to obtain a license under the Act, the Department of State Police shall by rule allow for a non-resident license application if the applicant is an active duty member of the Armed Forces of the United States stationed in this State or the spouse of an active duty member of the Armed Forces of the United States stationed in this State. Provides that the applicant shall pay the resident license or renewal fees (rather than the non-resident fees). Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Firearm Concealed Carry Act is amended by
5changing Sections 40 and 60 as follows:
 
6    (430 ILCS 66/40)
7    Sec. 40. Non-resident license applications.
8    (a) For the purposes of this Section, "non-resident" means
9a person who has not resided within this State for more than 30
10days and resides in another state or territory.
11    (b) The Department shall by rule allow for non-resident
12license applications from any state or territory of the United
13States with laws related to firearm ownership, possession, and
14carrying, that are substantially similar to the requirements to
15obtain a license under this Act. Notwithstanding whether the
16laws of the state or territory where the non-resident resides
17related to firearm ownership, possession, and carrying, are
18substantially similar to the requirements to obtain a license
19under this Act, the Department shall by rule allow for a
20non-resident license application if the applicant is an active
21duty member of the Armed Forces of the United States stationed
22in this State or the spouse of an active duty member of the
23Armed Forces of the United States stationed in this State.

 

 

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1    (c) A resident of a state or territory approved by the
2Department under subsection (b) of this Section may apply for a
3non-resident license. The applicant shall apply to the
4Department and must meet all of the qualifications established
5in Section 25 of this Act, except for the Illinois residency
6requirement in item (xiv) of paragraph (2) of subsection (a) of
7Section 4 of the Firearm Owners Identification Card Act. The
8applicant shall submit:
9        (1) the application and documentation required under
10    Section 30 of this Act and the applicable fee;
11        (2) a notarized document stating that the applicant:
12            (A) is eligible under federal law and the laws of
13        his or her state or territory of residence to own or
14        possess a firearm;
15            (B) if applicable, has a license or permit to carry
16        a firearm or concealed firearm issued by his or her
17        state or territory of residence and attach a copy of
18        the license or permit to the application;
19            (C) understands Illinois laws pertaining to the
20        possession and transport of firearms; , and
21            (D) acknowledges that the applicant is subject to
22        the jurisdiction of the Department and Illinois courts
23        for any violation of this Act; and
24        (3) a photocopy of any certificates or other evidence
25    of compliance with the training requirements under Section
26    75 of this Act; and

 

 

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1        (4) a head and shoulder color photograph in a size
2    specified by the Department taken within the 30 days
3    preceding the date of the application.
4    (d) In lieu of an Illinois driver's license or Illinois
5identification card, a non-resident applicant shall provide
6similar documentation from his or her state or territory of
7residence. In lieu of a valid Firearm Owner's Identification
8Card, the applicant shall submit documentation and information
9required by the Department to obtain a Firearm Owner's
10Identification Card, including an affidavit that the
11non-resident meets the mental health standards to obtain a
12firearm under Illinois law, and the Department shall ensure
13that the applicant would meet the eligibility criteria to
14obtain a Firearm Owner's Identification card if he or she was a
15resident of this State.
16    (e) Nothing in this Act shall prohibit a non-resident from
17transporting a concealed firearm within his or her vehicle in
18Illinois, if the concealed firearm remains within his or her
19vehicle and the non-resident:
20        (1) is not prohibited from owning or possessing a
21    firearm under federal law;
22        (2) is eligible to carry a firearm in public under the
23    laws of his or her state or territory of residence, as
24    evidenced by the possession of a concealed carry license or
25    permit issued by his or her state of residence, if
26    applicable; and

 

 

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1        (3) is not in possession of a license under this Act.
2    If the non-resident leaves his or her vehicle unattended,
3he or she shall store the firearm within a locked vehicle or
4locked container within the vehicle in accordance with
5subsection (b) of Section 65 of this Act.
6(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; revised
712-10-14.)
 
8    (430 ILCS 66/60)
9    Sec. 60. Fees.
10    (a) All fees collected under this Act shall be deposited as
11provided in this Section. Application, renewal, and
12replacement fees shall be non-refundable.
13    (b) An applicant for a new license or a renewal shall
14submit $150 with the application, of which $120 shall be
15apportioned to the State Police Firearm Services Fund, $20
16shall be apportioned to the Mental Health Reporting Fund, and
17$10 shall be apportioned to the State Crime Laboratory Fund.
18    (c) A non-resident applicant for a new license or renewal
19shall submit $300 with the application, of which $250 shall be
20apportioned to the State Police Firearm Services Fund, $40
21shall be apportioned to the Mental Health Reporting Fund, and
22$10 shall be apportioned to the State Crime Laboratory Fund.
23    (d) A licensee requesting a new license in accordance with
24Section 55 shall submit $75, of which $60 shall be apportioned
25to the State Police Firearm Services Fund, $5 shall be

 

 

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1apportioned to the Mental Health Reporting Fund, and $10 shall
2be apportioned to the State Crime Laboratory Fund.
3    (e) An applicant for a new license or a renewal who is a
4non-resident active duty member of the Armed Forces of the
5United States stationed in this State or the spouse of a
6non-resident active duty member of the Armed Forces of the
7United States stationed in this State shall submit $150 with
8the application, of which $120 shall be apportioned to the
9State Police Firearm Services Fund, $20 shall be apportioned to
10the Mental Health Reporting Fund, and $10 shall be apportioned
11to the State Crime Laboratory Fund.
12(Source: P.A. 98-63, eff. 7-9-13.)
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.