103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1152

 

Introduced 1/31/2023, by Rep. Michael T. Marron

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 66/40

    Amends the Firearm Concealed Carry Act. Provides that the Illinois State Police shall allow for non-resident firearm concealed carry license applications from any state or territory of the United States (rather than from a state or territory of the United States with laws related to firearm ownership, possession, and carrying, that are substantially similar to the requirements to obtain a license under the Act). Provides that the applicant must meet certain statutory qualifications.


LRB103 04816 RLC 49826 b

 

 

A BILL FOR

 

HB1152LRB103 04816 RLC 49826 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 Firearm Concealed Carry Act is amended by
5changing Section 40 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 Illinois State Police shall by rule allow for
12non-resident license applications from any state or territory
13of the United States. The applicant must meet the
14qualifications established in subsection (c) and Section 25
15with laws related to firearm ownership, possession, and
16carrying, that are substantially similar to the requirements
17to obtain a license under this Act.
18    (c) A resident of a state or territory approved by the
19Illinois State Police under subsection (b) of this Section may
20apply for a non-resident license. The applicant shall apply to
21the Illinois State Police and must meet all of the
22qualifications established in Section 25 of this Act, except
23for the Illinois residency requirement in item (xiv) of

 

 

HB1152- 2 -LRB103 04816 RLC 49826 b

1paragraph (2) of subsection (a) of Section 4 of the Firearm
2Owners Identification Card Act. The applicant shall submit:
3        (1) the application and documentation required under
4    Section 30 of this Act and the applicable fee;
5        (2) a notarized document stating that the applicant:
6            (A) is eligible under federal law and the laws of
7        his or her state or territory of residence to own or
8        possess a firearm;
9            (B) if applicable, has a license or permit to
10        carry a firearm or concealed firearm issued by his or
11        her state or territory of residence and attach a copy
12        of the license or permit to the application;
13            (C) understands Illinois laws pertaining to the
14        possession and transport of firearms; and
15            (D) acknowledges that the applicant is subject to
16        the jurisdiction of the Illinois State Police and
17        Illinois courts for any violation of this Act;
18        (3) a photocopy of any certificates or other evidence
19    of compliance with the training requirements under Section
20    75 of this Act; and
21        (4) a head and shoulder color photograph in a size
22    specified by the Illinois State Police taken within the 30
23    days preceding the date of the application.
24    (d) In lieu of an Illinois driver's license or Illinois
25identification card, a non-resident applicant shall provide
26similar documentation from his or her state or territory of

 

 

HB1152- 3 -LRB103 04816 RLC 49826 b

1residence. In lieu of a valid Firearm Owner's Identification
2Card, the applicant shall submit documentation and information
3required by the Illinois State Police to obtain a Firearm
4Owner's Identification Card, including an affidavit that the
5non-resident meets the mental health standards to obtain a
6firearm under Illinois law, and the Illinois State Police
7shall ensure that the applicant would meet the eligibility
8criteria to obtain a Firearm Owner's Identification card if he
9or she was a resident of this State.
10    (e) Nothing in this Act shall prohibit a non-resident from
11transporting a concealed firearm within his or her vehicle in
12Illinois, if the concealed firearm remains within his or her
13vehicle and the non-resident:
14        (1) is not prohibited from owning or possessing a
15    firearm under federal law;
16        (2) is eligible to carry a firearm in public under the
17    laws of his or her state or territory of residence, as
18    evidenced by the possession of a concealed carry license
19    or permit issued by his or her state of residence, if
20    applicable; and
21        (3) is not in possession of a license under this Act.
22    If the non-resident leaves his or her vehicle unattended,
23he or she shall store the firearm within a locked vehicle or
24locked container within the vehicle in accordance with
25subsection (b) of Section 65 of this Act.
26(Source: P.A. 102-538, eff. 8-20-21.)