Full Text of HB5219 101st General Assembly
HB5219 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB5219 Introduced , by Rep. Tim Butler SYNOPSIS AS INTRODUCED: |
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Amends the Firearm Concealed Carry Act. Provides that notwithstanding other provisions of the Act, the Illinois State Police shall by rule allow for a non-resident license application by a non-resident applicant who is a certified firearms instructor under the Act whether or not the instructor is from a state or territory of the United States with laws related to firearm ownership, possession, and carrying, that are substantially similar to the requirements to obtain a license under the Act.
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| | A BILL FOR |
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| | | HB5219 | | LRB101 16847 RLC 66246 b |
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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 Concealed Carry Act is amended by | 5 | | changing Section 40 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 | 9 | | a person who has not resided within this State for more than 30 | 10 | | days and resides in another state or territory. | 11 | | (b) The Department shall by rule allow for non-resident | 12 | | license applications from any state or territory of the United | 13 | | States with laws related to firearm ownership, possession, and | 14 | | carrying, that are substantially similar to the requirements to | 15 | | obtain a license under this Act. | 16 | | (b-5) Notwithstanding subsection (b), the Illinois State | 17 | | Police shall by rule allow for a non-resident license | 18 | | application by a non-resident applicant who is a certified | 19 | | firearms instructor under Section 80 whether or not the | 20 | | instructor is from a state or territory of the United States | 21 | | with laws related to firearm ownership, possession, and | 22 | | carrying, that are substantially similar to the requirements to | 23 | | obtain a license under this Act. |
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| 1 | | (c) A resident of a state or territory approved by the | 2 | | Department under subsection (b) of this Section may apply for a | 3 | | non-resident license. The applicant shall apply to the | 4 | | Department and must meet all of the qualifications established | 5 | | in Section 25 of this Act, except for the Illinois residency | 6 | | requirement in item (xiv) of paragraph (2) of subsection (a) of | 7 | | Section 4 of the Firearm Owners Identification Card Act. The | 8 | | applicant shall submit: | 9 | | (1) the application and documentation required under | 10 | | Section 30 of this Act and the applicable fee; | 11 | | (2) a notarized document stating that the applicant: | 12 | | (A) is eligible under federal law and the laws of | 13 | | his or her state or territory of residence to own or | 14 | | possess a firearm; | 15 | | (B) if applicable, has a license or permit to carry | 16 | | a firearm or concealed firearm issued by his or her | 17 | | state or territory of residence and attach a copy of | 18 | | the license or permit to the application; | 19 | | (C) understands Illinois laws pertaining to the | 20 | | possession and transport of firearms; and | 21 | | (D) acknowledges that the applicant is subject to | 22 | | the jurisdiction of the Department and Illinois courts | 23 | | for any violation of this Act; | 24 | | (3) a photocopy of any certificates or other evidence | 25 | | of compliance with the training requirements under Section | 26 | | 75 of this Act; and |
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| 1 | | (4) a head and shoulder color photograph in a size | 2 | | specified by the Department taken within the 30 days | 3 | | preceding the date of the application. | 4 | | (d) In lieu of an Illinois driver's license or Illinois | 5 | | identification card, a non-resident applicant shall provide | 6 | | similar documentation from his or her state or territory of | 7 | | residence. In lieu of a valid Firearm Owner's Identification | 8 | | Card, the applicant shall submit documentation and information | 9 | | required by the Department to obtain a Firearm Owner's | 10 | | Identification Card, including an affidavit that the | 11 | | non-resident meets the mental health standards to obtain a | 12 | | firearm under Illinois law, and the Department shall ensure | 13 | | that the applicant would meet the eligibility criteria to | 14 | | obtain a Firearm Owner's Identification card if he or she was a | 15 | | resident of this State. | 16 | | (e) Nothing in this Act shall prohibit a non-resident from | 17 | | transporting a concealed firearm within his or her vehicle in | 18 | | Illinois, if the concealed firearm remains within his or her | 19 | | vehicle and the non-resident: | 20 | | (1) is not prohibited from owning or possessing a | 21 | | firearm under federal law; | 22 | | (2) is eligible to carry a firearm in public under the | 23 | | laws of his or her state or territory of residence, as
| 24 | | evidenced by the possession of a concealed carry license or | 25 | | permit issued by his or her state of residence, if
| 26 | | applicable; and |
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| 1 | | (3) is not in possession of a license under this Act. | 2 | | If the non-resident leaves his or her vehicle unattended, | 3 | | he or she shall store the firearm within a locked vehicle or | 4 | | locked container within the vehicle in accordance with | 5 | | subsection (b) of Section 65 of this Act.
| 6 | | (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-78, | 7 | | eff. 7-20-15.)
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