Illinois General Assembly - Full Text of HB2936
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Full Text of HB2936  102nd General Assembly

HB2936 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2936

 

Introduced 2/19/2021, by Rep. Patrick Windhorst

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 65/7  from Ch. 38, par. 83-7
430 ILCS 66/10
430 ILCS 66/50

    Amends the Firearm Owners Identification Card Act and the Firearm Concealed Carry Act. Provides that the Illinois State Police, by rule, shall provide that if a person has been issued a concealed carry license under the Firearm Concealed Carry Act, his or her Firearm Owner's Identification Card and concealed carry license shall expire at the same time. Provides that the Illinois State Police shall adjust the expiration of each person who has been issued both a Firearm Owner's Identification Card and concealed carry license so each expires on the same date. Provides that a person who has been issued a Firearm Owner's Identification Card and whose concealed carry license has been renewed by the Illinois State Police shall receive an automatic renewal of his or her Firearm Owner's Identification Card.


LRB102 12633 RLC 17972 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2936LRB102 12633 RLC 17972 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 Owners Identification Card Act is
5amended by changing Section 7 as follows:
 
6    (430 ILCS 65/7)  (from Ch. 38, par. 83-7)
7    Sec. 7. Validity of Firearm Owner's Identification Card.
8    (a) Except as provided in Section 8 of this Act or
9subsection (b) of this Section, a Firearm Owner's
10Identification Card issued under the provisions of this Act
11shall be valid for the person to whom it is issued for a period
12of 10 years from the date of issuance. The Illinois State
13Police, by rule, shall provide that if a person has been issued
14a concealed carry license under the Firearm Concealed Carry
15Act, his or her Firearm Owner's Identification Card and
16concealed carry license shall expire at the same time. The
17Illinois State Police shall adjust the expiration of each
18person who has been issued both a Firearm Owner's
19Identification Card and concealed carry license so each
20expires on the same date. A person who has been issued a
21Firearm Owner's Identification Card and whose concealed carry
22license has been renewed by the Illinois State Police shall
23receive an automatic renewal of his or her Firearm Owner's

 

 

HB2936- 2 -LRB102 12633 RLC 17972 b

1Identification Card.
2    (b) If a renewal application is submitted to the
3Department before the expiration date of the applicant's
4current Firearm Owner's Identification Card, the Firearm
5Owner's Identification Card shall remain valid for a period of
660 business days, unless the person is subject to or becomes
7subject to revocation under this Act.
8(Source: P.A. 100-906, eff. 1-1-19.)
 
9    Section 10. The Firearm Concealed Carry Act is amended by
10changing Sections 10 and 50 as follows:
 
11    (430 ILCS 66/10)
12    Sec. 10. Issuance of licenses to carry a concealed
13firearm.
14    (a) The Department shall issue a license to carry a
15concealed firearm under this Act to an applicant who:
16        (1) meets the qualifications of Section 25 of this
17    Act;
18        (2) has provided the application and documentation
19    required in Section 30 of this Act;
20        (3) has submitted the requisite fees; and
21        (4) does not pose a danger to himself, herself, or
22    others, or a threat to public safety as determined by the
23    Concealed Carry Licensing Review Board in accordance with
24    Section 20.

 

 

HB2936- 3 -LRB102 12633 RLC 17972 b

1    (b) The Department shall issue a renewal, corrected, or
2duplicate license as provided in this Act.
3    (c) A license shall be valid throughout the State for a
4period of 10 5 years from the date of issuance. A license shall
5permit the licensee to:
6        (1) carry a loaded or unloaded concealed firearm,
7    fully concealed or partially concealed, on or about his or
8    her person; and
9        (2) keep or carry a loaded or unloaded concealed
10    firearm on or about his or her person within a vehicle.
11    (d) The Department shall make applications for a license
12available no later than 180 days after the effective date of
13this Act. The Department shall establish rules for the
14availability and submission of applications in accordance with
15this Act.
16    (e) An application for a license submitted to the
17Department that contains all the information and materials
18required by this Act, including the requisite fee, shall be
19deemed completed. Except as otherwise provided in this Act, no
20later than 90 days after receipt of a completed application,
21the Department shall issue or deny the applicant a license.
22    (f) The Department shall deny the applicant a license if
23the applicant fails to meet the requirements under this Act or
24the Department receives a determination from the Board that
25the applicant is ineligible for a license. The Department must
26notify the applicant stating the grounds for the denial. The

 

 

HB2936- 4 -LRB102 12633 RLC 17972 b

1notice of denial must inform the applicant of his or her right
2to an appeal through administrative and judicial review.
3    (g) A licensee shall possess a license at all times the
4licensee carries a concealed firearm except:
5        (1) when the licensee is carrying or possessing a
6    concealed firearm on his or her land or in his or her
7    abode, legal dwelling, or fixed place of business, or on
8    the land or in the legal dwelling of another person as an
9    invitee with that person's permission;
10        (2) when the person is authorized to carry a firearm
11    under Section 24-2 of the Criminal Code of 2012, except
12    subsection (a-5) of that Section; or
13        (3) when the handgun is broken down in a
14    non-functioning state, is not immediately accessible, or
15    is unloaded and enclosed in a case.
16    (h) If an officer of a law enforcement agency initiates an
17investigative stop, including but not limited to a traffic
18stop, of a licensee or a non-resident carrying a concealed
19firearm under subsection (e) of Section 40 of this Act, upon
20the request of the officer the licensee or non-resident shall
21disclose to the officer that he or she is in possession of a
22concealed firearm under this Act, or present the license upon
23the request of the officer if he or she is a licensee or
24present upon the request of the officer evidence under
25paragraph (2) of subsection (e) of Section 40 of this Act that
26he or she is a non-resident qualified to carry under that

 

 

HB2936- 5 -LRB102 12633 RLC 17972 b

1subsection. The disclosure requirement under this subsection
2(h) is satisfied if the licensee presents his or her license to
3the officer or the non-resident presents to the officer
4evidence under paragraph (2) of subsection (e) of Section 40
5of this Act that he or she is qualified to carry under that
6subsection. Upon the request of the officer, the licensee or
7non-resident shall also identify the location of the concealed
8firearm and permit the officer to safely secure the firearm
9for the duration of the investigative stop. During a traffic
10stop, any passenger within the vehicle who is a licensee or a
11non-resident carrying under subsection (e) of Section 40 of
12this Act must comply with the requirements of this subsection
13(h).
14    (h-1) If a licensee carrying a firearm or a non-resident
15carrying a firearm in a vehicle under subsection (e) of
16Section 40 of this Act is contacted by a law enforcement
17officer or emergency services personnel, the law enforcement
18officer or emergency services personnel may secure the firearm
19or direct that it be secured during the duration of the contact
20if the law enforcement officer or emergency services personnel
21determines that it is necessary for the safety of any person
22present, including the law enforcement officer or emergency
23services personnel. The licensee or nonresident shall submit
24to the order to secure the firearm. When the law enforcement
25officer or emergency services personnel have determined that
26the licensee or non-resident is not a threat to the safety of

 

 

HB2936- 6 -LRB102 12633 RLC 17972 b

1any person present, including the law enforcement officer or
2emergency services personnel, and if the licensee or
3non-resident is physically and mentally capable of possessing
4the firearm, the law enforcement officer or emergency services
5personnel shall return the firearm to the licensee or
6non-resident before releasing him or her from the scene and
7breaking contact. If the licensee or non-resident is
8transported for treatment to another location, the firearm
9shall be turned over to any peace officer. The peace officer
10shall provide a receipt which includes the make, model,
11caliber, and serial number of the firearm.
12    (i) The Department shall maintain a database of license
13applicants and licensees. The database shall be available to
14all federal, State, and local law enforcement agencies,
15State's Attorneys, the Attorney General, and authorized court
16personnel. Within 180 days after the effective date of this
17Act, the database shall be searchable and provide all
18information included in the application, including the
19applicant's previous addresses within the 10 years prior to
20the license application and any information related to
21violations of this Act. No law enforcement agency, State's
22Attorney, Attorney General, or member or staff of the
23judiciary shall provide any information to a requester who is
24not entitled to it by law.
25    (j) No later than 10 days after receipt of a completed
26application, the Department shall enter the relevant

 

 

HB2936- 7 -LRB102 12633 RLC 17972 b

1information about the applicant into the database under
2subsection (i) of this Section which is accessible by law
3enforcement agencies.
4(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-29,
5eff. 7-10-15.)
 
6    (430 ILCS 66/50)
7    Sec. 50. License renewal.
8    (a) This subsection (a) applies through the 180th day
9following the effective date of this amendatory Act of the
10101st General Assembly. Applications for renewal of a license
11shall be made to the Department. A license shall be renewed for
12a period of 5 years upon receipt of a completed renewal
13application, completion of 3 hours of training required under
14Section 75 of this Act, payment of the applicable renewal fee,
15and completion of an investigation under Section 35 of this
16Act. The renewal application shall contain the information
17required in Section 30 of this Act, except that the applicant
18need not resubmit a full set of fingerprints.
19    (b) This subsection (b) applies on and after the 181st day
20following the effective date of this amendatory Act of the
21101st General Assembly. Applications for renewal of a license
22shall be made to the Department. A license shall be renewed for
23a period of 10 5 years from the date of expiration on the
24applicant's current license upon the receipt of a completed
25renewal application, completion of 3 hours of training

 

 

HB2936- 8 -LRB102 12633 RLC 17972 b

1required under Section 75 of this Act, payment of the
2applicable renewal fee, and completion of an investigation
3under Section 35 of this Act. The renewal application shall
4contain the information required in Section 30 of this Act,
5except that the applicant need not resubmit a full set of
6fingerprints.
7(Source: P.A. 101-80, eff. 7-12-19.)