Illinois General Assembly - Full Text of HB3274
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Full Text of HB3274  103rd General Assembly




State of Illinois
2023 and 2024


Introduced 2/17/2023, by Rep. Dennis Tipsword, Jr.


430 ILCS 65/5  from Ch. 38, par. 83-5
430 ILCS 66/10
430 ILCS 66/30
430 ILCS 66/40
430 ILCS 66/50
430 ILCS 66/55

    Amends the Firearm Owners Identification Card Act and the Firearm Concealed Carry Act. Eliminates fees under the Acts for applying for and renewing a Firearm Owners Identification Card or a concealed carry license.

LRB103 27833 RLC 57555 b





HB3274LRB103 27833 RLC 57555 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 5 as follows:
6    (430 ILCS 65/5)  (from Ch. 38, par. 83-5)
7    Sec. 5. Application and renewal.
8    (a) The Illinois State Police shall either approve or deny
9all applications within 30 days from the date they are
10received, except as provided in subsections (b) and (c), and
11every applicant found qualified under Section 8 of this Act by
12the Illinois State Police shall be entitled to a Firearm
13Owner's Identification Card without charge upon the payment of
14a $10 fee and applicable processing fees. The processing fees
15shall be limited to charges by the State Treasurer for using
16the electronic online payment system. Any applicant who is an
17active duty member of the Armed Forces of the United States, a
18member of the Illinois National Guard, or a member of the
19Reserve Forces of the United States is exempt from the
20application fee. $5 of each fee derived from the issuance of a
21Firearm Owner's Identification Card or renewals thereof shall
22be deposited in the State Police Firearm Services Fund and $5
23into the State Police Revocation Enforcement Fund.



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1    (b) Renewal applications shall be approved or denied
2within 60 business days, provided the applicant submitted his
3or her renewal application prior to the expiration of his or
4her Firearm Owner's Identification Card. If a renewal
5application has been submitted prior to the expiration date of
6the applicant's Firearm Owner's Identification Card, the
7Firearm Owner's Identification Card shall remain valid while
8the Illinois State Police processes the application, unless
9the person is subject to or becomes subject to revocation
10under this Act. The cost for a renewal application shall be $10
11and may include applicable processing fees, which shall be
12limited to charges by the State Treasurer for using the
13electronic online payment system, which shall be deposited
14into the State Police Firearm Services Fund.
15    (c) If the Firearm Owner's Identification Card of a
16licensee under the Firearm Concealed Carry Act expires during
17the term of the licensee's concealed carry license, the
18Firearm Owner's Identification Card and the license remain
19valid and the licensee does not have to renew his or her
20Firearm Owner's Identification Card during the duration of the
21concealed carry license. Unless the Illinois State Police has
22reason to believe the licensee is no longer eligible for the
23card, the Illinois State Police may automatically renew the
24licensee's Firearm Owner's Identification Card and send a
25renewed Firearm Owner's Identification Card to the licensee.
26    (d) The Illinois State Police may adopt rules concerning



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1the use of voluntarily submitted fingerprints, as allowed by
2State and federal law.
3(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
4102-813, eff. 5-13-22.)
5    Section 10. The Firearm Concealed Carry Act is amended by
6changing Sections 10, 30, 40, 50, and 55 as follows:
7    (430 ILCS 66/10)
8    Sec. 10. Issuance of licenses to carry a concealed
10    (a) The Illinois State Police shall issue a license to
11carry a concealed firearm under this Act without charge to an
12applicant who:
13        (1) meets the qualifications of Section 25 of this
14    Act;
15        (2) has provided the application and documentation
16    required in Section 30 of this Act;
17        (3) (blank) has submitted the requisite fees; and
18        (4) does not pose a danger to himself, herself, or
19    others, or a threat to public safety as determined by the
20    Concealed Carry Licensing Review Board in accordance with
21    Section 20.
22    (b) The Illinois State Police shall issue a renewal,
23corrected, or duplicate license as provided in this Act.
24    (c) A license shall be valid throughout the State for a



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1period of 5 years from the date of issuance. A license shall
2permit the licensee to:
3        (1) carry a loaded or unloaded concealed firearm,
4    fully concealed or partially concealed, on or about his or
5    her person; and
6        (2) keep or carry a loaded or unloaded concealed
7    firearm on or about his or her person within a vehicle.
8    (d) The Illinois State Police shall make applications for
9a license available no later than 180 days after July 9, 2013
10(the effective date of this Act). The Illinois State Police
11shall establish rules for the availability and submission of
12applications in accordance with this Act.
13    (e) An application for a license submitted to the Illinois
14State Police that contains all the information and materials
15required by this Act, including the requisite fee, shall be
16deemed completed. Except as otherwise provided in this Act, no
17later than 90 days after receipt of a completed application,
18the Illinois State Police shall issue or deny the applicant a
19license. The Illinois State Police shall notify the applicant
20for a concealed carry license electronically to confirm if all
21the required information and materials have been received. If
22an applicant for a concealed carry license submits his or her
23application electronically, the Illinois State Police shall
24notify the applicant electronically if his or her application
25is missing information or materials.
26    (f) The Illinois State Police shall deny the applicant a



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



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1concealed firearm under this Act, or present the license upon
2the request of the officer if he or she is a licensee or
3present upon the request of the officer evidence under
4paragraph (2) of subsection (e) of Section 40 of this Act that
5he or she is a non-resident qualified to carry under that
6subsection. The disclosure requirement under this subsection
7(h) is satisfied if the licensee presents his or her license to
8the officer or the non-resident presents to the officer
9evidence under paragraph (2) of subsection (e) of Section 40
10of this Act that he or she is qualified to carry under that
11subsection. Upon the request of the officer, the licensee or
12non-resident shall also identify the location of the concealed
13firearm and permit the officer to safely secure the firearm
14for the duration of the investigative stop. During a traffic
15stop, any passenger within the vehicle who is a licensee or a
16non-resident carrying under subsection (e) of Section 40 of
17this Act must comply with the requirements of this subsection
19    (h-1) If a licensee carrying a firearm or a non-resident
20carrying a firearm in a vehicle under subsection (e) of
21Section 40 of this Act is contacted by a law enforcement
22officer or emergency services personnel, the law enforcement
23officer or emergency services personnel may secure the firearm
24or direct that it be secured during the duration of the contact
25if the law enforcement officer or emergency services personnel
26determines that it is necessary for the safety of any person



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1present, including the law enforcement officer or emergency
2services personnel. The licensee or nonresident shall submit
3to the order to secure the firearm. When the law enforcement
4officer or emergency services personnel have determined that
5the licensee or non-resident is not a threat to the safety of
6any person present, including the law enforcement officer or
7emergency services personnel, and if the licensee or
8non-resident is physically and mentally capable of possessing
9the firearm, the law enforcement officer or emergency services
10personnel shall return the firearm to the licensee or
11non-resident before releasing him or her from the scene and
12breaking contact. If the licensee or non-resident is
13transported for treatment to another location, the firearm
14shall be turned over to any peace officer. The peace officer
15shall provide a receipt which includes the make, model,
16caliber, and serial number of the firearm.
17    (i) The Illinois State Police shall maintain a database of
18license applicants and licensees. The database shall be
19available to all federal, State, and local law enforcement
20agencies, State's Attorneys, the Attorney General, and
21authorized court personnel. Within 180 days after July 9, 2013
22(the effective date of this Act), the database shall be
23searchable and provide all information included in the
24application, including the applicant's previous addresses
25within the 10 years prior to the license application and any
26information related to violations of this Act. No law



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1enforcement agency, State's Attorney, Attorney General, or
2member or staff of the judiciary shall provide any information
3to a requester who is not entitled to it by law.
4    (j) No later than 10 days after receipt of a completed
5application, the Illinois State Police shall enter the
6relevant information about the applicant into the database
7under subsection (i) of this Section which is accessible by
8law enforcement agencies.
9    (k) The Illinois State Police shall continuously monitor
10relevant State and federal databases for firearms prohibitors
11and correlate those records with concealed carry license
12holders to ensure compliance with this Act, or State and
13federal law. The Illinois State Police may adopt rules to
14implement this subsection.
15(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
16102-813, eff. 5-13-22.)
17    (430 ILCS 66/30)
18    Sec. 30. Contents of license application.
19    (a) The license application shall be in writing, under
20penalty of perjury, on a standard form adopted by the Illinois
21State Police and shall be accompanied by the documentation
22required in this Section and the applicable fee. Each
23application form shall include the following statement printed
24in bold type: "Warning: Entering false information on this
25form is punishable as perjury under Section 32-2 of the



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1Criminal Code of 2012."
2    (b) The application shall contain the following:
3        (1) the applicant's name, current address, date and
4    year of birth, place of birth, height, weight, hair color,
5    eye color, maiden name or any other name the applicant has
6    used or identified with, and any address where the
7    applicant resided for more than 30 days within the 10
8    years preceding the date of the license application;
9        (2) the applicant's valid driver's license number or
10    valid state identification card number;
11        (3) a waiver of the applicant's privacy and
12    confidentiality rights and privileges under all federal
13    and state laws, including those limiting access to
14    juvenile court, criminal justice, psychological, or
15    psychiatric records or records relating to any
16    institutionalization of the applicant, and an affirmative
17    request that a person having custody of any of these
18    records provide it or information concerning it to the
19    Illinois State Police. The waiver only applies to records
20    sought in connection with determining whether the
21    applicant qualifies for a license to carry a concealed
22    firearm under this Act, or whether the applicant remains
23    in compliance with the Firearm Owners Identification Card
24    Act;
25        (4) an affirmation that the applicant possesses a
26    currently valid Firearm Owner's Identification Card and



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1    card number if possessed or notice the applicant is
2    applying for a Firearm Owner's Identification Card in
3    conjunction with the license application;
4        (5) an affirmation that the applicant has not been
5    convicted or found guilty of:
6            (A) a felony;
7            (B) a misdemeanor involving the use or threat of
8        physical force or violence to any person within the 5
9        years preceding the date of the application; or
10            (C) 2 or more violations related to driving while
11        under the influence of alcohol, other drug or drugs,
12        intoxicating compound or compounds, or any combination
13        thereof, within the 5 years preceding the date of the
14        license application;
15        (6) whether the applicant has failed a drug test for a
16    drug for which the applicant did not have a prescription,
17    within the previous year, and if so, the provider of the
18    test, the specific substance involved, and the date of the
19    test;
20        (7) written consent for the Illinois State Police to
21    review and use the applicant's Illinois digital driver's
22    license or Illinois identification card photograph and
23    signature;
24        (8) unless submitted under subsection (a-25) of
25    Section 4 of the Firearm Owners Identification Card Act, a
26    full set of fingerprints submitted to the Illinois State



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1    Police in electronic format, provided the Illinois State
2    Police may accept an application submitted without a set
3    of fingerprints, in which case the Illinois State Police
4    shall be granted 30 days in addition to the 90 days
5    provided under subsection (e) of Section 10 of this Act to
6    issue or deny a license;
7        (9) a head and shoulder color photograph in a size
8    specified by the Illinois State Police taken within the 30
9    days preceding the date of the license application; and
10        (10) a photocopy of any certificates or other evidence
11    of compliance with the training requirements under this
12    Act.
13(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
14102-813, eff. 5-13-22.)
15    (430 ILCS 66/40)
16    Sec. 40. Non-resident license applications.
17    (a) For the purposes of this Section, "non-resident" means
18a person who has not resided within this State for more than 30
19days and resides in another state or territory.
20    (b) The Illinois State Police shall by rule allow for
21non-resident license applications from any state or territory
22of the United States with laws related to firearm ownership,
23possession, and carrying, that are substantially similar to
24the requirements to obtain a license under this Act.
25    (c) A resident of a state or territory approved by the



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



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1    specified by the Illinois State Police taken within the 30
2    days preceding the date of the application.
3    (d) In lieu of an Illinois driver's license or Illinois
4identification card, a non-resident applicant shall provide
5similar documentation from his or her state or territory of
6residence. In lieu of a valid Firearm Owner's Identification
7Card, the applicant shall submit documentation and information
8required by the Illinois State Police to obtain a Firearm
9Owner's Identification Card, including an affidavit that the
10non-resident meets the mental health standards to obtain a
11firearm under Illinois law, and the Illinois State Police
12shall ensure that the applicant would meet the eligibility
13criteria to obtain a Firearm Owner's Identification card if he
14or she was a resident of this State.
15    (e) Nothing in this Act shall prohibit a non-resident from
16transporting a concealed firearm within his or her vehicle in
17Illinois, if the concealed firearm remains within his or her
18vehicle and the non-resident:
19        (1) is not prohibited from owning or possessing a
20    firearm under federal law;
21        (2) is eligible to carry a firearm in public under the
22    laws of his or her state or territory of residence, as
23    evidenced by the possession of a concealed carry license
24    or permit issued by his or her state of residence, if
25    applicable; and
26        (3) is not in possession of a license under this Act.



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1    If the non-resident leaves his or her vehicle unattended,
2he or she shall store the firearm within a locked vehicle or
3locked container within the vehicle in accordance with
4subsection (b) of Section 65 of this Act.
5(Source: P.A. 102-538, eff. 8-20-21.)
6    (430 ILCS 66/50)
7    Sec. 50. License renewal.
8    (a) This subsection (a) applies through the 180th day
9following July 12, 2019 (the effective date of Public Act
10101-80). The Illinois State Police shall, 180 days prior to
11the expiration of a concealed carry license, notify each
12person whose license is to expire a notification of the
13expiration of the license and instructions for renewal.
14Applications for renewal of a license shall be made to the
15Illinois State Police. A license shall be renewed for a period
16of 5 years upon receipt of a completed renewal application,
17completion of 3 hours of training required under Section 75 of
18this Act, payment of the applicable renewal fee, and
19completion of an investigation under Section 35 of this Act.
20The renewal application shall contain the information required
21in Section 30 of this Act, except that the applicant need not
22resubmit a full set of fingerprints.
23    (b) This subsection (b) applies on and after the 181st day
24following July 12, 2019 (the effective date of Public Act
25101-80). Applications for renewal of a license shall be made



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1to the Illinois State Police. A license shall be renewed for a
2period of 5 years from the date of expiration on the
3applicant's current license upon the receipt of a completed
4renewal application, completion of 3 hours of training
5required under Section 75 of this Act, payment of the
6applicable renewal fee, and completion of an investigation
7under Section 35 of this Act. The renewal application shall
8contain the information required in Section 30 of this Act,
9except that the applicant need not resubmit a full set of
11(Source: P.A. 101-80, eff. 7-12-19; 102-237, eff. 1-1-22;
12102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
13    (430 ILCS 66/55)
14    Sec. 55. Change of address or name; lost, destroyed, or
15stolen licenses.
16    (a) A licensee shall notify the Illinois State Police
17within 30 days of moving or changing residence or any change of
18name. The licensee shall submit the requisite fee and the
19Illinois State Police may require a notarized statement that
20the licensee has changed his or her residence or his or her
21name, including the prior and current address or name and the
22date the applicant moved or changed his or her name.
23    (b) A licensee shall notify the Illinois State Police
24within 10 days of discovering that a license has been lost,
25destroyed, or stolen. A lost, destroyed, or stolen license is



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1invalid. To request a replacement license, the licensee shall
3        (1) a written or electronic acknowledgment that the
4    licensee no longer possesses the license, and that it was
5    lost, destroyed, or stolen;
6        (2) if applicable, a copy of a police report stating
7    that the license was stolen; and
8        (3) (blank). the requisite fee.
9    (c) A violation of this Section is a petty offense with a
10fine of $150 which shall be deposited into the Mental Health
11Reporting Fund.
12(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
13102-813, eff. 5-13-22.)