Sen. Chuck Weaver
Filed: 4/3/2017
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1 | AMENDMENT TO SENATE BILL 1524
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2 | AMENDMENT NO. ______. Amend Senate Bill 1524, AS AMENDED, | ||||||
3 | by replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Firearm Concealed Carry Act is amended by | ||||||
6 | changing Sections 40, 55, and 60 as follows: | ||||||
7 | (430 ILCS 66/40)
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8 | Sec. 40. Non-resident license applications. | ||||||
9 | (a) For the purposes of this Section, "non-resident" means | ||||||
10 | a person who has not resided within this State for more than 30 | ||||||
11 | days and resides in another state or territory. | ||||||
12 | (b) The Department shall by rule allow for non-resident | ||||||
13 | license applications from any state or territory of the United | ||||||
14 | States with laws related to firearm ownership, possession, and | ||||||
15 | carrying, that are substantially similar to the requirements to | ||||||
16 | obtain a license under this Act. |
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1 | (b-5) Notwithstanding whether the laws of the state or | ||||||
2 | territory where the non-resident resides related to firearm | ||||||
3 | ownership, possession, and carrying are substantially similar | ||||||
4 | to the requirements to obtain a license under this Act, the | ||||||
5 | Department shall allow for a non-resident license application | ||||||
6 | if the applicant is employed by the United States Military | ||||||
7 | permanently assigned in Illinois on Permanent Change of Station | ||||||
8 | (PCS) or Permanent Change of Assignment (PCA) orders and who is | ||||||
9 | not a resident of this State but maintains an address in this | ||||||
10 | State. A non-resident applicant who qualifies under this | ||||||
11 | subsection (b-5) must meet all of the qualifications | ||||||
12 | established in Section 25 of this Act and shall submit: | ||||||
13 | (1) the application and documentation required under | ||||||
14 | subsection (b) of Section 30 of this Act and the applicable | ||||||
15 | fee; | ||||||
16 | (2) a photocopy of proof of service document; | ||||||
17 | (3) a photocopy of Permanent Change of Station (PCS) or | ||||||
18 | Permanent Change of Assignment (PCA) orders to an | ||||||
19 | assignment in this State; and | ||||||
20 | (4) an affirmation that the applicant possesses a | ||||||
21 | currently valid Firearm Owner's Identification Card with | ||||||
22 | the Firearm Owner's Identification Card number or notice | ||||||
23 | that the applicant is applying for a Firearm Owner's | ||||||
24 | Identification Card in conjunction with the license | ||||||
25 | application. | ||||||
26 | In lieu of an Illinois driver's license or Illinois |
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1 | identification card, a non-resident applicant under this | ||||||
2 | subsection (b-5) shall provide similar documentation from his | ||||||
3 | or her state or territory of residence. | ||||||
4 | (c) A resident of a state or territory approved by the | ||||||
5 | Department under subsection (b) of this Section may apply for a | ||||||
6 | non-resident license. The applicant shall apply to the | ||||||
7 | Department and must meet all of the qualifications established | ||||||
8 | in Section 25 of this Act, except for the Illinois residency | ||||||
9 | requirement in item (xiv) of paragraph (2) of subsection (a) of | ||||||
10 | Section 4 of the Firearm Owners Identification Card Act. The | ||||||
11 | applicant shall submit: | ||||||
12 | (1) the application and documentation required under | ||||||
13 | Section 30 of this Act and the applicable fee; | ||||||
14 | (2) a notarized document stating that the applicant: | ||||||
15 | (A) is eligible under federal law and the laws of | ||||||
16 | his or her state or territory of residence to own or | ||||||
17 | possess a firearm; | ||||||
18 | (B) if applicable, has a license or permit to carry | ||||||
19 | a firearm or concealed firearm issued by his or her | ||||||
20 | state or territory of residence and attach a copy of | ||||||
21 | the license or permit to the application; | ||||||
22 | (C) understands Illinois laws pertaining to the | ||||||
23 | possession and transport of firearms; and | ||||||
24 | (D) acknowledges that the applicant is subject to | ||||||
25 | the jurisdiction of the Department and Illinois courts | ||||||
26 | for any violation of this Act; |
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1 | (3) a photocopy of any certificates or other evidence | ||||||
2 | of compliance with the training requirements under Section | ||||||
3 | 75 of this Act; and | ||||||
4 | (4) a head and shoulder color photograph in a size | ||||||
5 | specified by the Department taken within the 30 days | ||||||
6 | preceding the date of the application. | ||||||
7 | (d) In lieu of an Illinois driver's license or Illinois | ||||||
8 | identification card, a non-resident applicant shall provide | ||||||
9 | similar documentation from his or her state or territory of | ||||||
10 | residence. In lieu of a valid Firearm Owner's Identification | ||||||
11 | Card, except for a non-resident applicant under subsection | ||||||
12 | (b-5) of this Section, the applicant shall submit documentation | ||||||
13 | and information required by the Department to obtain a Firearm | ||||||
14 | Owner's Identification Card, including an affidavit that the | ||||||
15 | non-resident meets the mental health standards to obtain a | ||||||
16 | firearm under Illinois law, and the Department shall ensure | ||||||
17 | that the applicant would meet the eligibility criteria to | ||||||
18 | obtain a Firearm Owner's Identification card if he or she was a | ||||||
19 | resident of this State. | ||||||
20 | (e) Nothing in this Act shall prohibit a non-resident from | ||||||
21 | transporting a concealed firearm within his or her vehicle in | ||||||
22 | Illinois, if the concealed firearm remains within his or her | ||||||
23 | vehicle and the non-resident: | ||||||
24 | (1) is not prohibited from owning or possessing a | ||||||
25 | firearm under federal law; | ||||||
26 | (2) is eligible to carry a firearm in public under the |
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1 | laws of his or her state or territory of residence, as
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2 | evidenced by the possession of a concealed carry license or | ||||||
3 | permit issued by his or her state of residence, if
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4 | applicable; and | ||||||
5 | (3) is not in possession of a license under this Act. | ||||||
6 | If the non-resident leaves his or her vehicle unattended, | ||||||
7 | he or she shall store the firearm within a locked vehicle or | ||||||
8 | locked container within the vehicle in accordance with | ||||||
9 | subsection (b) of Section 65 of this Act.
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10 | (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-78, | ||||||
11 | eff. 7-20-15.) | ||||||
12 | (430 ILCS 66/55)
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13 | Sec. 55. Change of address or name; lost, destroyed, or | ||||||
14 | stolen licenses. | ||||||
15 | (a) A licensee shall notify the Department within 30 days | ||||||
16 | of moving or changing residence or any change of name. The | ||||||
17 | licensee shall submit the requisite fee and the Department may | ||||||
18 | require a notarized statement that the licensee has
changed his | ||||||
19 | or her residence or his or her name, including the prior and | ||||||
20 | current address or name and the date the applicant moved or | ||||||
21 | changed his or her name. | ||||||
22 | (a-5) A non-resident licensee approved under subsection | ||||||
23 | (b-5) of Section 40 of this Act shall, in addition to meeting | ||||||
24 | the notification requirements in subsection (a) of this | ||||||
25 | Section, notify the Department within 30 days of moving to an |
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1 | address outside of this State, a Permanent Change of Station | ||||||
2 | (PCS) or Permanent Change of Assignment (PCA) to a duty station | ||||||
3 | outside this State, or a separation or retirement from the | ||||||
4 | United States Military. | ||||||
5 | (b) A licensee shall notify the Department within 10 days | ||||||
6 | of discovering that a license has been lost, destroyed, or | ||||||
7 | stolen. A lost, destroyed, or stolen license is invalid. To | ||||||
8 | request a replacement license, the licensee shall submit: | ||||||
9 | (1) a notarized statement that the licensee no longer | ||||||
10 | possesses the license, and that it was lost, destroyed, or | ||||||
11 | stolen; | ||||||
12 | (2) if applicable, a copy of a police report stating | ||||||
13 | that the license was stolen; and | ||||||
14 | (3) the requisite fee. | ||||||
15 | (c) A violation of this Section is a petty offense with a | ||||||
16 | fine of $150 which shall be deposited into the Mental Health | ||||||
17 | Reporting Fund.
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18 | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.) | ||||||
19 | (430 ILCS 66/60)
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20 | Sec. 60. Fees. | ||||||
21 | (a) All fees collected under this Act shall be deposited as | ||||||
22 | provided in this Section. Application, renewal, and | ||||||
23 | replacement fees shall be non-refundable. | ||||||
24 | (b) An applicant for a new license or a renewal shall | ||||||
25 | submit $150 with the application, of which $120 shall be |
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1 | apportioned to the State Police Firearm Services Fund, $20 | ||||||
2 | shall be apportioned to the Mental Health Reporting Fund, and | ||||||
3 | $10 shall be apportioned to the State Crime Laboratory Fund. | ||||||
4 | (c) Except as provided in subsection (c-5) of this Section, | ||||||
5 | a A non-resident applicant for a new license or renewal shall | ||||||
6 | submit $300 with the application, of which $250 shall be | ||||||
7 | apportioned to the State Police Firearm Services Fund, $40 | ||||||
8 | shall be apportioned to the Mental Health Reporting Fund, and | ||||||
9 | $10 shall be apportioned to the State Crime Laboratory Fund. | ||||||
10 | (c-5) A non-resident applicant for a new license or renewal | ||||||
11 | under subsection (b-5) of Section 40 of this Act shall submit | ||||||
12 | $150 with the application, of which $120 shall be apportioned | ||||||
13 | to the State Police Firearm Services Fund, $20 shall be | ||||||
14 | apportioned to the Mental Health Reporting Fund, and $10 shall | ||||||
15 | be apportioned to the State Crime Laboratory Fund. | ||||||
16 | (d) A licensee requesting a new license in accordance with | ||||||
17 | Section 55 shall submit $75, of which $60 shall be apportioned | ||||||
18 | to the State Police Firearm Services Fund, $5 shall be | ||||||
19 | apportioned to the Mental Health Reporting Fund, and $10 shall | ||||||
20 | be apportioned to the State Crime Laboratory Fund.
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21 | (Source: P.A. 98-63, eff. 7-9-13.)".
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