Illinois General Assembly - Full Text of SB1946
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Full Text of SB1946  102nd General Assembly

SB1946 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1946

 

Introduced 2/26/2021, by Sen. Darren Bailey

 

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 Illinois 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 (PCS) or Permanent Change of Assignment (PCA) orders and who is not a resident of this State but maintains an address in this State. Provides that a non-resident applicant for a new license or renewal shall submit $150 with the application, of which $120 shall be apportioned to the State Police Firearm Services Fund, $20 shall be apportioned to the Mental Health Reporting Fund, and $10 shall be apportioned to the State Crime Laboratory Fund.


LRB102 12493 RLC 17830 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1946LRB102 12493 RLC 17830 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
15to obtain 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
20Illinois State Police shall allow for a non-resident license
21application if the applicant is employed by the United States
22Military permanently assigned in Illinois on Permanent Change
23of Station (PCS) or Permanent Change of Assignment (PCA)

 

 

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

 

 

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

 

 

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

 

 

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1locked container within the vehicle in accordance with
2subsection (b) of Section 65 of this Act.
3(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-78,
4eff. 7-20-15.)
 
5    (430 ILCS 66/55)
6    Sec. 55. Change of address or name; lost, destroyed, or
7stolen licenses.
8    (a) A licensee shall notify the Department within 30 days
9of moving or changing residence or any change of name. The
10licensee shall submit the requisite fee and the Department may
11require a notarized statement that the licensee has changed
12his or her residence or his or her name, including the prior
13and current address or name and the date the applicant moved or
14changed his or her name.
15    (a-5) A non-resident licensee approved under subsection
16(b-5) of Section 40 of this Act shall, in addition to meeting
17the notification requirements in subsection (a) of this
18Section, notify the Illinois State Police within 30 days of
19moving to an address outside of this State, a Permanent Change
20of Station (PCS) or Permanent Change of Assignment (PCA) to a
21duty station outside this State, or a separation or retirement
22from the United States Military.
23    (b) A licensee shall notify the Department within 10 days
24of discovering that a license has been lost, destroyed, or
25stolen. A lost, destroyed, or stolen license is invalid. To

 

 

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1request a replacement license, the licensee shall submit:
2        (1) a notarized statement that the licensee no longer
3    possesses the license, and that it was lost, destroyed, or
4    stolen;
5        (2) if applicable, a copy of a police report stating
6    that the license was stolen; and
7        (3) the requisite fee.
8    (c) A violation of this Section is a petty offense with a
9fine of $150 which shall be deposited into the Mental Health
10Reporting Fund.
11(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)
 
12    (430 ILCS 66/60)
13    Sec. 60. Fees.
14    (a) All fees collected under this Act shall be deposited
15as provided in this Section. Application, renewal, and
16replacement fees shall be non-refundable.
17    (b) An applicant for a new license or a renewal shall
18submit $150 with the application, of which $120 shall be
19apportioned to the State Police Firearm Services Fund, $20
20shall be apportioned to the Mental Health Reporting Fund, and
21$10 shall be apportioned to the State Crime Laboratory Fund.
22    (c) Except as provided in subsection (c-5) of this
23Section, a A non-resident applicant for a new license or
24renewal shall submit $300 with the application, of which $250
25shall be apportioned to the State Police Firearm Services

 

 

SB1946- 7 -LRB102 12493 RLC 17830 b

1Fund, $40 shall be apportioned to the Mental Health Reporting
2Fund, and $10 shall be apportioned to the State Crime
3Laboratory Fund.
4    (c-5) A non-resident applicant for a new license or
5renewal under subsection (b-5) of Section 40 of this Act shall
6submit $150 with the application, of which $120 shall be
7apportioned to the State Police Firearm Services Fund, $20
8shall be apportioned to the Mental Health Reporting Fund, and
9$10 shall be apportioned to the State Crime Laboratory Fund.
10    (d) A licensee requesting a new license in accordance with
11Section 55 shall submit $75, of which $60 shall be apportioned
12to the State Police Firearm Services Fund, $5 shall be
13apportioned to the Mental Health Reporting Fund, and $10 shall
14be apportioned to the State Crime Laboratory Fund.
15(Source: P.A. 98-63, eff. 7-9-13.)