Illinois General Assembly - Full Text of SB3191
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Full Text of SB3191  101st General Assembly

SB3191 101ST GENERAL ASSEMBLY

  
  

 


 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3191

 

Introduced 2/11/2020, by Sen. Craig Wilcox

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 66/40
430 ILCS 66/55
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 this Act, the Department of State Police shall allow for a non-resident license application if the applicant is employed by the United States Military permanently assigned in Illinois on Permanent Change of Station or Permanent Change of Assignment orders and who is not a resident of Illinois but maintains an address in Illinois. Provides that a non-resident applicant shall submit with his or her application a photocopy of Permanent Change of Station or Permanent Change of Assignment orders to an assignment in this State and an affirmation that the applicant possesses a currently valid Firearm Owner's Identification Card with the Firearm Owner's Identification Card number or notice that the applicant is applying for a Firearm Owner's Identification Card in conjunction with the license application. Provides that a non-resident licensee shall notify the Department of State Police within 30 days of moving to an address outside of this State, a Permanent Change of Station or Permanent Change of Assignment to a duty station outside this State, or a separation or retirement from the United States Military in addition to the notification requirements of the Act. Makes other changes.


LRB101 13183 RLC 62023 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB3191LRB101 13183 RLC 62023 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 Sections 40, 55, 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.
16    (b-5) 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
20Department shall allow for a non-resident license application
21if the applicant is employed by the United States Military
22permanently assigned in Illinois on Permanent Change of Station
23(PCS) or Permanent Change of Assignment (PCA) orders and who is

 

 

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1not a resident of this State but maintains an address in this
2State. A non-resident applicant who qualifies under this
3subsection (b-5) must meet all of the qualifications
4established in Section 25 and shall submit:
5        (1) the application and documentation required under
6    subsection (b) of Section 30 and the applicable fee;
7        (2) a photocopy of proof of service document;
8        (3) a photocopy of Permanent Change of Station (PCS) or
9    Permanent Change of Assignment (PCA) orders to an
10    assignment in this State; and
11        (4) an affirmation that the applicant possesses a
12    currently valid Firearm Owner's Identification Card with
13    the Firearm Owner's Identification Card number or notice
14    that the applicant is applying for a Firearm Owner's
15    Identification Card in conjunction with the license
16    application.
17    In lieu of an Illinois driver's license or Illinois
18identification card, a non-resident applicant under this
19subsection (b-5) shall provide similar documentation from his
20or her state or territory of residence.
21    (c) A resident of a state or territory approved by the
22Department under subsection (b) of this Section may apply for a
23non-resident license. The applicant shall apply to the
24Department and must meet all of the qualifications established
25in Section 25 of this Act, except for the Illinois residency
26requirement in item (xiv) of paragraph (2) of subsection (a) of

 

 

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1Section 4 of the Firearm Owners Identification Card Act. The
2applicant 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 carry
10        a firearm or concealed firearm issued by his or her
11        state or territory of residence and attach a copy of
12        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 Department and Illinois courts
17        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 Department taken within the 30 days
23    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

 

 

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

 

 

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1(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-78,
2eff. 7-20-15.)
 
3    (430 ILCS 66/55)
4    Sec. 55. Change of address or name; lost, destroyed, or
5stolen licenses.
6    (a) A licensee shall notify the Department within 30 days
7of moving or changing residence or any change of name. The
8licensee shall submit the requisite fee and the Department may
9require a notarized statement that the licensee has changed his
10or her residence or his or her name, including the prior and
11current address or name and the date the applicant moved or
12changed his or her name.
13    (a-5) A non-resident licensee approved under subsection
14(b-5) of Section 40 shall, in addition to meeting the
15notification requirements in subsection (a), notify the
16Department within 30 days of moving to an address outside of
17this State, a Permanent Change of Station (PCS) or Permanent
18Change of Assignment (PCA) to a duty station outside this
19State, or a separation or retirement from the United States
20Military.
21    (b) A licensee shall notify the Department within 10 days
22of discovering that a license has been lost, destroyed, or
23stolen. A lost, destroyed, or stolen license is invalid. To
24request a replacement license, the licensee shall submit:
25        (1) a notarized statement that the licensee no longer

 

 

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1    possesses the license, and that it was lost, destroyed, or
2    stolen;
3        (2) if applicable, a copy of a police report stating
4    that the license was stolen; and
5        (3) the requisite fee.
6    (c) A violation of this Section is a petty offense with a
7fine of $150 which shall be deposited into the Mental Health
8Reporting Fund.
9(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)
 
10    (430 ILCS 66/60)
11    Sec. 60. Fees.
12    (a) All fees collected under this Act shall be deposited as
13provided in this Section. Application, renewal, and
14replacement fees shall be non-refundable.
15    (b) An applicant for a new license or a renewal shall
16submit $150 with the application, of which $120 shall be
17apportioned to the State Police Firearm Services Fund, $20
18shall be apportioned to the Mental Health Reporting Fund, and
19$10 shall be apportioned to the State Crime Laboratory Fund.
20    (c) Except as provided in subsection (c-5), a A
21non-resident applicant for a new license or renewal shall
22submit $300 with the application, of which $250 shall be
23apportioned to the State Police Firearm Services Fund, $40
24shall be apportioned to the Mental Health Reporting Fund, and
25$10 shall be apportioned to the State Crime Laboratory Fund.

 

 

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1    (c-5) A non-resident applicant for a new license or renewal
2under subsection (b-5) of Section 40 shall submit $150 with the
3application, of which $120 shall be apportioned to the State
4Police Firearm Services Fund, $20 shall be apportioned to the
5Mental Health Reporting Fund, and $10 shall be apportioned to
6the State Crime Laboratory Fund.
7    (d) A licensee requesting a new license in accordance with
8Section 55 shall submit $75, of which $60 shall be apportioned
9to the State Police Firearm Services Fund, $5 shall be
10apportioned to the Mental Health Reporting Fund, and $10 shall
11be apportioned to the State Crime Laboratory Fund.
12(Source: P.A. 98-63, eff. 7-9-13.)