100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3625

 

Introduced , by Rep. Michael D. Unes

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 66/40
430 ILCS 66/43 new

    Amends the Firearm Concealed Carry Act. Provides that the Department of State Police shall by rule allow for non-resident license applications from any state or territory of the United States (rather than just those states or territories with laws related to firearm ownership, possession, and carrying, that are substantially similar to the requirements to obtain a license under the Act). Provides that a license to carry a firearm issued by a recognized state or territory shall be considered a license issued by this State to carry a concealed firearm provided: (1) the licensee remains eligible to possess firearms; (2) the foreign license to carry a firearm remains valid at all times the licensee is carrying a concealed firearm within this State; and (3) the licensee follows all the laws, rules, and regulations of this State regarding possession, transport, and carrying of firearms. Provides that the Department shall by rule adopt written criteria of minimum standards that must be maintained by any state or territory to become or remain recognized under the Act. Provides that the Department shall annually review and publish the recognized states and territories. Provides that any state or territory removed from the recognized list shall be terminated from recognition under the Act 90 days from the date of publication. Provides that additions to the recognition list shall be effective immediately upon publication.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3625LRB100 07019 SLF 17073 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 Section 40 and by adding Section 43 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 to
15obtain a license under this Act.
16    (c) Non-resident applicants A resident of a state or
17territory approved by the Department under subsection (b) of
18this Section may apply for a non-resident license. The
19applicant shall apply to the Department and must meet all of
20the qualifications established in Section 25 of this Act,
21except for the Illinois residency requirement in item (xiv) of
22paragraph (2) of subsection (a) of Section 4 of the Firearm
23Owners Identification Card Act. The applicant shall submit:

 

 

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

 

 

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1required by the Department to obtain a Firearm Owner's
2Identification Card, including an affidavit that the
3non-resident meets the mental health standards to obtain a
4firearm under Illinois law, and the Department shall ensure
5that the applicant would meet the eligibility criteria to
6obtain a Firearm Owner's Identification card if he or she was a
7resident of this State.
8    (e) Nothing in this Act shall prohibit a non-resident from
9transporting a concealed firearm within his or her vehicle in
10Illinois, if the concealed firearm remains within his or her
11vehicle and the non-resident:
12        (1) is not prohibited from owning or possessing a
13    firearm under federal law;
14        (2) is eligible to carry a firearm in public under the
15    laws of his or her state or territory of residence, as
16    evidenced by the possession of a concealed carry license or
17    permit issued by his or her state of residence, if
18    applicable; and
19        (3) is not in possession of a license under this Act.
20    If the non-resident leaves his or her vehicle unattended,
21he or she shall store the firearm within a locked vehicle or
22locked container within the vehicle in accordance with
23subsection (b) of Section 65 of this Act.
24(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-78,
25eff. 7-20-15.)
 

 

 

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1    (430 ILCS 66/43 new)
2    Sec. 43. Recognition of foreign licenses.
3    (a) As used in this Section, "recognition" or "recognized"
4means the acceptance of a foreign state or territory's license
5to carry a firearm as valid within this State.
6    (b) The Department shall compile and make available to the
7public a list of states and territories that issue licenses to
8carry firearms that are substantially similar to the
9requirements in Section 25 of this Act, except for the Illinois
10residency requirement in item (xiv) of paragraph (2) of
11subsection (a) of Section 4 of the Firearm Owners
12Identification Card Act.
13    (c) A license to carry a firearm issued by a recognized
14state or territory shall be considered a license issued by this
15State to carry a concealed firearm provided:
16        (1) the licensee remains eligible to possess firearms;
17        (2) the foreign license to carry a firearm remains
18    valid at all times the licensee is carrying a concealed
19    firearm within this State; and
20        (3) the licensee follows all the laws, rules, and
21    regulations of this State regarding possession, transport,
22    and carrying of firearms.
23    (d) The Department shall by rule adopt written criteria of
24minimum standards that must be maintained by any state or
25territory to become or remain recognized under this Act. The
26Department shall have 90 days from the effective date of this

 

 

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1amendatory Act of the 100th General Assembly to publish
2criteria and procedures required to implement recognition
3under this Act. The Department shall on or before 180 days
4after the effective date of this amendatory Act of the 100th
5General Assembly publish the list of recognized states and
6territories.
7    (e) The Department shall annually review and publish the
8recognized states and territories. Any state or territory
9removed from the recognized list shall be terminated from
10recognition under this Act 90 days from the date of
11publication. Additions to the recognition list shall be
12effective immediately upon publication.