Full Text of HB3006 102nd General Assembly
HB3006 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB3006 Introduced 2/19/2021, by Rep. Thomas M. Bennett SYNOPSIS AS INTRODUCED: |
| 430 ILCS 65/6 | from Ch. 38, par. 83-6 | 430 ILCS 66/10 | |
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Amends the Firearm Owners Identification Card Act and the Firearm Concealed Carry Act. Provides that if a person is eligible for both a Firearm Owner's Identification Card and a concealed carry license, the Illinois State Police shall create one card that may be used as both a Firearm Owner's Identification Card and a concealed carry license. A combined Firearm Owner's Identification Card and concealed carry license shall be considered a valid card for the purposes of the Acts. Provides that the Illinois State Police shall adopt rules to implement this provision.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning safety.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Firearm Owners Identification Card Act is | 5 | | amended by changing Section 6 as follows:
| 6 | | (430 ILCS 65/6) (from Ch. 38, par. 83-6)
| 7 | | Sec. 6. Contents of Firearm Owner's Identification Card.
| 8 | | (a) A Firearm Owner's Identification Card, issued by the | 9 | | Department of
State Police at such places as the Director of | 10 | | the
Department shall
specify, shall contain the applicant's | 11 | | name, residence, date of birth, sex,
physical description, | 12 | | recent photograph, except as provided in subsection (c-5), and | 13 | | signature. Each Firearm Owner's
Identification Card must have | 14 | | the expiration date boldly and conspicuously
displayed on the | 15 | | face of the card. Each Firearm Owner's
Identification Card | 16 | | must have printed on it the following: "CAUTION - This
card | 17 | | does not permit bearer to UNLAWFULLY carry or use firearms."
| 18 | | Before December 1, 2002,
the Department may use a person's | 19 | | digital photograph and signature from his or
her
Illinois | 20 | | driver's license or Illinois Identification Card, if | 21 | | available. On
and after December 1, 2002,
the Department shall | 22 | | use a person's digital photograph and signature from his
or | 23 | | her
Illinois driver's license or Illinois Identification Card, |
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| 1 | | if available. The
Department shall decline to use a person's | 2 | | digital photograph or signature if
the digital photograph or | 3 | | signature is the result of or associated with
fraudulent or | 4 | | erroneous data, unless otherwise provided by law.
| 5 | | (b) A person applying for a Firearm Owner's Identification | 6 | | Card shall
consent
to the Department of State Police using the | 7 | | applicant's digital driver's
license
or Illinois | 8 | | Identification Card photograph, if available, and signature on | 9 | | the
applicant's
Firearm Owner's Identification Card. The | 10 | | Secretary
of State shall allow the Department of State Police | 11 | | access to the photograph
and signature for the purpose of | 12 | | identifying the applicant and issuing to the
applicant a
| 13 | | Firearm Owner's Identification Card.
| 14 | | (c) The Secretary of State shall conduct a study to | 15 | | determine the cost
and
feasibility of creating a method of | 16 | | adding an identifiable code, background, or
other means on the | 17 | | driver's license or Illinois Identification Card to show
that
| 18 | | an individual is not disqualified from owning or possessing a | 19 | | firearm under
State or federal law. The Secretary shall report | 20 | | the findings of this study
12 months after the effective date | 21 | | of this amendatory Act of the 92nd General
Assembly.
| 22 | | (c-5) If a person qualifies for a photograph exemption, in | 23 | | lieu of a photograph, the Firearm Owner's Identification Card | 24 | | shall contain a copy of the card holder's fingerprints. Each | 25 | | Firearm Owner's Identification Card described in this | 26 | | subsection (c-5) must have printed on it the following: "This |
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| 1 | | card is only valid for firearm purchases through a federally | 2 | | licensed firearms dealer when presented with photographic | 3 | | identification, as prescribed by 18 U.S.C. 922(t)(1)(C)." | 4 | | (d) If a person is eligible for both a Firearm Owner's | 5 | | Identification Card and a concealed carry license, the | 6 | | Illinois State Police shall create one card that may be used as | 7 | | both a Firearm Owner's Identification Card and a concealed | 8 | | carry license. A combined Firearm Owner's Identification Card | 9 | | and concealed carry license shall be considered a valid card | 10 | | for the purposes of this Act. The Illinois State Police shall | 11 | | adopt rules to implement this subsection (d). | 12 | | (Source: P.A. 97-1131, eff. 1-1-13.)
| 13 | | Section 10. The Firearm Concealed Carry Act is amended by | 14 | | changing Section 10 as follows: | 15 | | (430 ILCS 66/10)
| 16 | | Sec. 10. Issuance of licenses to carry a concealed | 17 | | firearm. | 18 | | (a) The Department shall issue a license to carry a | 19 | | concealed firearm under this Act to an applicant who: | 20 | | (1) meets the qualifications of Section 25 of this | 21 | | Act; | 22 | | (2) has provided the application and documentation | 23 | | required in Section 30 of this Act; | 24 | | (3) has submitted the requisite fees; and |
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| 1 | | (4) does not pose a danger to himself, herself, or | 2 | | others, or a threat to public safety as determined by the | 3 | | Concealed Carry Licensing Review Board in accordance with | 4 | | Section 20. | 5 | | (b) The Department shall issue a renewal, corrected, or | 6 | | duplicate license as provided in this Act. | 7 | | (c) A license shall be valid throughout the State for a | 8 | | period of 5 years from the date of issuance. A license shall | 9 | | permit the licensee to: | 10 | | (1) carry a loaded or unloaded concealed firearm, | 11 | | fully concealed or partially concealed, on or about his or | 12 | | her person; and
| 13 | | (2) keep or carry a loaded or unloaded concealed | 14 | | firearm on or about his or her person within a vehicle. | 15 | | (d) The Department shall make applications for a license | 16 | | available no later than 180 days after the effective date of | 17 | | this Act. The Department shall establish rules for the | 18 | | availability and submission of applications in accordance with | 19 | | this Act. | 20 | | (e) An application for a license submitted to the | 21 | | Department that contains all the information and materials | 22 | | required by this Act, including the requisite fee, shall be | 23 | | deemed completed. Except as otherwise provided in this Act, no | 24 | | later than 90 days after receipt of a completed application, | 25 | | the Department shall issue or deny the applicant a license. | 26 | | (f) The Department shall deny the applicant a license if |
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| 1 | | the applicant fails to meet the requirements under this Act or | 2 | | the Department receives a determination from the Board that | 3 | | the applicant is ineligible for a license. The Department must | 4 | | notify the applicant stating the grounds for the denial. The | 5 | | notice of denial must inform the applicant of his or her right | 6 | | to an appeal through administrative and judicial review. | 7 | | (g) A licensee shall possess a license at all times the | 8 | | licensee carries a concealed firearm except: | 9 | | (1) when the licensee is carrying or possessing a | 10 | | concealed firearm on his or her land or in his or her | 11 | | abode, legal dwelling, or fixed place of business, or on | 12 | | the land or in the legal dwelling of another person as an | 13 | | invitee with that person's permission; | 14 | | (2) when the person is authorized to carry a firearm | 15 | | under Section 24-2 of the Criminal Code of 2012, except | 16 | | subsection (a-5) of that Section; or | 17 | | (3) when the handgun is broken down in a | 18 | | non-functioning state, is not immediately accessible, or | 19 | | is unloaded and enclosed in a case. | 20 | | (g-5) A combined Firearm Owner's Identification Card and | 21 | | concealed carry license shall be considered a valid license | 22 | | for the purposes of this Act. | 23 | | (h) If an officer of a law enforcement agency initiates an | 24 | | investigative stop, including but not limited to a traffic | 25 | | stop, of a licensee or a non-resident carrying a concealed | 26 | | firearm under subsection (e) of
Section 40 of this Act, upon |
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| 1 | | the request of the officer the licensee or non-resident shall | 2 | | disclose to the officer that he or she is in possession of a | 3 | | concealed firearm under this Act, or present the license upon | 4 | | the request of the officer if he or she is a licensee or | 5 | | present upon the request of the officer evidence
under | 6 | | paragraph (2) of subsection (e) of Section 40 of this Act that | 7 | | he or she is a non-resident qualified to carry
under that | 8 | | subsection. The disclosure requirement under this subsection | 9 | | (h) is satisfied if the licensee presents his or her license to | 10 | | the officer or the non-resident presents to the officer | 11 | | evidence under paragraph (2) of subsection (e) of Section 40 | 12 | | of this Act that he or she is qualified to carry under that | 13 | | subsection. Upon the request of the officer, the licensee or | 14 | | non-resident shall also identify the location of the concealed | 15 | | firearm and permit the officer to safely secure the firearm | 16 | | for the duration of the investigative stop. During a traffic | 17 | | stop, any
passenger within the vehicle who is a licensee or a | 18 | | non-resident carrying under subsection (e) of
Section 40 of | 19 | | this Act must comply with the requirements of this subsection | 20 | | (h). | 21 | | (h-1) If a licensee carrying a firearm or a non-resident | 22 | | carrying a firearm in a vehicle under subsection (e) of | 23 | | Section 40 of this Act is contacted by a law enforcement | 24 | | officer or emergency
services personnel, the law enforcement | 25 | | officer or emergency services personnel may secure the firearm
| 26 | | or direct that it be secured during the duration of the contact |
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| 1 | | if the law enforcement officer or emergency
services personnel | 2 | | determines that it is necessary for the safety of any person
| 3 | | present, including the law enforcement officer or emergency | 4 | | services personnel. The licensee or nonresident
shall submit | 5 | | to the order to secure the firearm. When the law enforcement | 6 | | officer or emergency services
personnel have determined that | 7 | | the licensee or non-resident is not a threat to
the safety of | 8 | | any person present, including the law enforcement officer or | 9 | | emergency services personnel, and
if the licensee or | 10 | | non-resident is physically and mentally capable of
possessing | 11 | | the firearm, the law enforcement officer or emergency services | 12 | | personnel shall return the
firearm to the licensee or | 13 | | non-resident before releasing him or her from the
scene and | 14 | | breaking contact. If the licensee or non-resident is | 15 | | transported for
treatment to another location, the firearm | 16 | | shall be turned over to any peace
officer. The peace officer | 17 | | shall provide a receipt which includes the make,
model, | 18 | | caliber, and serial number of the firearm. | 19 | | (i) The Department shall maintain a database of license | 20 | | applicants and licensees. The database shall be available to | 21 | | all federal, State, and local law enforcement agencies, | 22 | | State's Attorneys, the Attorney General, and authorized court | 23 | | personnel. Within 180 days after the effective date of this | 24 | | Act, the database shall be searchable and provide all | 25 | | information included in the application, including the | 26 | | applicant's previous addresses within the 10 years prior to |
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| 1 | | the license application and any information related to | 2 | | violations of this Act. No law enforcement agency, State's | 3 | | Attorney, Attorney General, or member or staff of the | 4 | | judiciary shall provide any information to a requester who is | 5 | | not entitled to it by law. | 6 | | (j) No later than 10 days after receipt of a completed | 7 | | application, the Department shall enter the relevant | 8 | | information about the applicant into the database under | 9 | | subsection (i) of this Section which is accessible by law | 10 | | enforcement agencies.
| 11 | | (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-29, | 12 | | eff. 7-10-15.)
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