103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1145

 

Introduced 1/12/2023, by Rep. Charles Meier

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 100/5-45.35 new
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 Illinois State Police shall, no later than 120 days after the effective date of the amendatory Act, allow for a non-resident license application if the applicant is an active duty member of the Armed Forces of the United States who is stationed in the State and lives in the State. Provides that a non-resident active duty member of the Armed Forces of the United States who is stationed in the State and lives in the State shall apply to the Illinois State Police and must meet all of the qualifications under the Act and shall submit: (1) the application and documentation required and the applicable fee; (2) a photocopy of a valid military identification card or Official Proof of Service Letter; and (3) a photocopy of permanent change-of-station orders to an assignment in the State. Provides for emergency rulemaking to implement the amendatory Act. Establishes fees. Makes conforming changes to the Illinois Administrative Procedure Act. Effective immediately.


LRB103 04825 RLC 49835 b

 

 

A BILL FOR

 

HB1145LRB103 04825 RLC 49835 b

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 Illinois Administrative Procedure Act is
5amended by adding Section 5-45.35 as follows:
 
6    (5 ILCS 100/5-45.35 new)
7    Sec. 5-45.35. Emergency rulemaking; non-resident active
8duty members of the Armed Forces of the United States
9concealed carry license applications. To provide for the
10expeditious and timely implementation of the provisions of
11this amendatory Act of the 103rd General Assembly, emergency
12rules implementing the changes made by this amendatory Act of
13the 103rd General Assembly to Section 40 of the Firearm
14Concealed Carry Act may be adopted in accordance with Section
155-45. The adoption of emergency rules authorized by Section
165-45 and this Section is deemed to be necessary for the public
17interest, safety, and welfare.
18    This Section is repealed one year after the effective date
19of this amendatory Act of the 103rd General Assembly.
 
20    Section 10. The Firearm Concealed Carry Act is amended by
21changing Sections 40 and 60 as follows:
 

 

 

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1    (430 ILCS 66/40)
2    Sec. 40. Non-resident license applications.
3    (a) For the purposes of this Section, "non-resident" means
4a person who has not resided within this State for more than 30
5days and resides in another state or territory.
6    (b) The Illinois State Police shall by rule allow for
7non-resident license applications from any state or territory
8of the United States with laws related to firearm ownership,
9possession, and carrying, that are substantially similar to
10the requirements to obtain a license under this Act.
11    (c) A resident of a state or territory approved by the
12Illinois State Police under subsection (b) of this Section may
13apply for a non-resident license. The applicant shall apply to
14the Illinois State Police and must meet all of the
15qualifications established in Section 25 of this Act, except
16for the Illinois residency requirement in item (xiv) of
17paragraph (2) of subsection (a) of Section 4 of the Firearm
18Owners Identification Card Act. The applicant shall submit:
19        (1) the application and documentation required under
20    Section 30 of this Act and the applicable fee;
21        (2) a notarized document stating that the applicant:
22            (A) is eligible under federal law and the laws of
23        his or her state or territory of residence to own or
24        possess a firearm;
25            (B) if applicable, has a license or permit to
26        carry a firearm or concealed firearm issued by his or

 

 

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1        her state or territory of residence and attach a copy
2        of the license or permit to the application;
3            (C) understands Illinois laws pertaining to the
4        possession and transport of firearms; and
5            (D) acknowledges that the applicant is subject to
6        the jurisdiction of the Illinois State Police and
7        Illinois courts for any violation of this Act;
8        (3) a photocopy of any certificates or other evidence
9    of compliance with the training requirements under Section
10    75 of this Act; and
11        (4) a head and shoulder color photograph in a size
12    specified by the Illinois State Police taken within the 30
13    days preceding the date of the application.
14    (d) In lieu of an Illinois driver's license or Illinois
15identification card, a non-resident applicant shall provide
16similar documentation from his or her state or territory of
17residence. In lieu of a valid Firearm Owner's Identification
18Card, the applicant shall submit documentation and information
19required by the Illinois State Police to obtain a Firearm
20Owner's Identification Card, including an affidavit that the
21non-resident meets the mental health standards to obtain a
22firearm under Illinois law, and the Illinois State Police
23shall ensure that the applicant would meet the eligibility
24criteria to obtain a Firearm Owner's Identification card if he
25or she was a resident of this State.
26    (e) Nothing in this Act shall prohibit a non-resident from

 

 

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1transporting a concealed firearm within his or her vehicle in
2Illinois, if the concealed firearm remains within his or her
3vehicle and the non-resident:
4        (1) is not prohibited from owning or possessing a
5    firearm under federal law;
6        (2) is eligible to carry a firearm in public under the
7    laws of his or her state or territory of residence, as
8    evidenced by the possession of a concealed carry license
9    or permit issued by his or her state of residence, if
10    applicable; and
11        (3) is not in possession of a license under this Act.
12    If the non-resident leaves his or her vehicle unattended,
13he or she shall store the firearm within a locked vehicle or
14locked container within the vehicle in accordance with
15subsection (b) of Section 65 of this Act.
16    (f) Notwithstanding whether the laws of the state or
17territory where the non-resident resides related to firearm
18ownership, possession, and carrying are substantially similar
19to the requirements to obtain a license under this Act, the
20Illinois State Police shall, no later than 120 days after the
21effective date of this amendatory Act of the 103rd General
22Assembly, allow for a non-resident license application if the
23applicant is an active duty member of the Armed Forces of the
24United States who is stationed in this State and lives in this
25State. A non-resident active duty member of the Armed Forces
26of the United States who is stationed in this State and lives

 

 

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1in this State shall apply to the Illinois State Police and must
2meet all of the qualifications established in Section 25 and
3shall submit:
4        (1) the application and documentation required under
5    subsection (b) of Section 30 and the applicable fee;
6        (2) a photocopy of a valid military identification
7    card or Official Proof of Service Letter; and
8        (3) a photocopy of permanent change-of-station orders
9    to an assignment in this State.
10    In lieu of an Illinois driver's license or Illinois
11identification card, a non-resident applicant under this
12subsection (f) shall provide similar documentation from his or
13her state or territory of residence. A non-resident licensee
14approved under this subsection (f) shall notify the Illinois
15State Police 30 days following a permanent change of station
16move to an assignment outside of this State and shall
17surrender his or her license to the Illinois State Police. A
18license issued under this subsection (f) shall expire on the
19earlier date of: (i) 5 years from the date of issuance; or (ii)
20the date the licensee's assignment in this State terminates.
21The Illinois State Police may adopt rules necessary to
22implement this amendatory Act of the 103rd General Assembly
23through the use of emergency rulemaking in accordance with
24Section 5-45 of the Illinois Administrative Procedure Act for
25a period not to exceed 180 days after the effective date of
26this amendatory Act of the 103rd General Assembly.

 

 

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1(Source: P.A. 102-538, eff. 8-20-21.)
 
2    (430 ILCS 66/60)
3    Sec. 60. Fees.
4    (a) All fees collected under this Act shall be deposited
5as provided in this Section. Application, renewal, and
6replacement fees shall be non-refundable.
7    (b) An applicant for a new license or a renewal shall
8submit $150 with the application, of which $120 shall be
9apportioned to the State Police Firearm Services Fund, $20
10shall be apportioned to the Mental Health Reporting Fund, and
11$10 shall be apportioned to the State Crime Laboratory Fund.
12    (c) A non-resident applicant for a new license or renewal
13shall submit $300 with the application, of which $250 shall be
14apportioned to the State Police Firearm Services Fund, $40
15shall be apportioned to the Mental Health Reporting Fund, and
16$10 shall be apportioned to the State Crime Laboratory Fund.
17    (d) A licensee requesting a new license in accordance with
18Section 55 shall submit $75, of which $60 shall be apportioned
19to the State Police Firearm Services Fund, $5 shall be
20apportioned to the Mental Health Reporting Fund, and $10 shall
21be apportioned to the State Crime Laboratory Fund.
22    (e) An applicant for a new license or a renewal who is a
23non-resident active duty member of the Armed Forces of the
24United States stationed in this State shall submit $150 with
25the application, of which $120 shall be apportioned to the

 

 

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1State Police Firearm Services Fund, $20 shall be apportioned
2to the Mental Health Reporting Fund, and $10 shall be
3apportioned to the State Crime Laboratory Fund.
4(Source: P.A. 98-63, eff. 7-9-13.)
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.