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

    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

 

HB3006LRB102 16969 RLC 22387 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 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
9Department of State Police at such places as the Director of
10the Department shall specify, shall contain the applicant's
11name, residence, date of birth, sex, physical description,
12recent photograph, except as provided in subsection (c-5), and
13signature. Each Firearm Owner's Identification Card must have
14the expiration date boldly and conspicuously displayed on the
15face of the card. Each Firearm Owner's Identification Card
16must have printed on it the following: "CAUTION - This card
17does not permit bearer to UNLAWFULLY carry or use firearms."
18Before December 1, 2002, the Department may use a person's
19digital photograph and signature from his or her Illinois
20driver's license or Illinois Identification Card, if
21available. On and after December 1, 2002, the Department shall
22use a person's digital photograph and signature from his or
23her Illinois driver's license or Illinois Identification Card,

 

 

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1if available. The Department shall decline to use a person's
2digital photograph or signature if the digital photograph or
3signature is the result of or associated with fraudulent or
4erroneous data, unless otherwise provided by law.
5    (b) A person applying for a Firearm Owner's Identification
6Card shall consent to the Department of State Police using the
7applicant's digital driver's license or Illinois
8Identification Card photograph, if available, and signature on
9the applicant's Firearm Owner's Identification Card. The
10Secretary of State shall allow the Department of State Police
11access to the photograph and signature for the purpose of
12identifying the applicant and issuing to the applicant a
13Firearm Owner's Identification Card.
14    (c) The Secretary of State shall conduct a study to
15determine the cost and feasibility of creating a method of
16adding an identifiable code, background, or other means on the
17driver's license or Illinois Identification Card to show that
18an individual is not disqualified from owning or possessing a
19firearm under State or federal law. The Secretary shall report
20the findings of this study 12 months after the effective date
21of this amendatory Act of the 92nd General Assembly.
22    (c-5) If a person qualifies for a photograph exemption, in
23lieu of a photograph, the Firearm Owner's Identification Card
24shall contain a copy of the card holder's fingerprints. Each
25Firearm Owner's Identification Card described in this
26subsection (c-5) must have printed on it the following: "This

 

 

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1card is only valid for firearm purchases through a federally
2licensed firearms dealer when presented with photographic
3identification, as prescribed by 18 U.S.C. 922(t)(1)(C)."
4    (d) If a person is eligible for both a Firearm Owner's
5Identification Card and a concealed carry license, the
6Illinois State Police shall create one card that may be used as
7both a Firearm Owner's Identification Card and a concealed
8carry license. A combined Firearm Owner's Identification Card
9and concealed carry license shall be considered a valid card
10for the purposes of this Act. The Illinois State Police shall
11adopt 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
14changing Section 10 as follows:
 
15    (430 ILCS 66/10)
16    Sec. 10. Issuance of licenses to carry a concealed
17firearm.
18    (a) The Department shall issue a license to carry a
19concealed 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
6duplicate license as provided in this Act.
7    (c) A license shall be valid throughout the State for a
8period of 5 years from the date of issuance. A license shall
9permit 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
16available no later than 180 days after the effective date of
17this Act. The Department shall establish rules for the
18availability and submission of applications in accordance with
19this Act.
20    (e) An application for a license submitted to the
21Department that contains all the information and materials
22required by this Act, including the requisite fee, shall be
23deemed completed. Except as otherwise provided in this Act, no
24later than 90 days after receipt of a completed application,
25the Department shall issue or deny the applicant a license.
26    (f) The Department shall deny the applicant a license if

 

 

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1the applicant fails to meet the requirements under this Act or
2the Department receives a determination from the Board that
3the applicant is ineligible for a license. The Department must
4notify the applicant stating the grounds for the denial. The
5notice of denial must inform the applicant of his or her right
6to an appeal through administrative and judicial review.
7    (g) A licensee shall possess a license at all times the
8licensee 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
21concealed carry license shall be considered a valid license
22for the purposes of this Act.
23    (h) If an officer of a law enforcement agency initiates an
24investigative stop, including but not limited to a traffic
25stop, of a licensee or a non-resident carrying a concealed
26firearm under subsection (e) of Section 40 of this Act, upon

 

 

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1the request of the officer the licensee or non-resident shall
2disclose to the officer that he or she is in possession of a
3concealed firearm under this Act, or present the license upon
4the request of the officer if he or she is a licensee or
5present upon the request of the officer evidence under
6paragraph (2) of subsection (e) of Section 40 of this Act that
7he or she is a non-resident qualified to carry under that
8subsection. The disclosure requirement under this subsection
9(h) is satisfied if the licensee presents his or her license to
10the officer or the non-resident presents to the officer
11evidence under paragraph (2) of subsection (e) of Section 40
12of this Act that he or she is qualified to carry under that
13subsection. Upon the request of the officer, the licensee or
14non-resident shall also identify the location of the concealed
15firearm and permit the officer to safely secure the firearm
16for the duration of the investigative stop. During a traffic
17stop, any passenger within the vehicle who is a licensee or a
18non-resident carrying under subsection (e) of Section 40 of
19this Act must comply with the requirements of this subsection
20(h).
21    (h-1) If a licensee carrying a firearm or a non-resident
22carrying a firearm in a vehicle under subsection (e) of
23Section 40 of this Act is contacted by a law enforcement
24officer or emergency services personnel, the law enforcement
25officer or emergency services personnel may secure the firearm
26or direct that it be secured during the duration of the contact

 

 

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1if the law enforcement officer or emergency services personnel
2determines that it is necessary for the safety of any person
3present, including the law enforcement officer or emergency
4services personnel. The licensee or nonresident shall submit
5to the order to secure the firearm. When the law enforcement
6officer or emergency services personnel have determined that
7the licensee or non-resident is not a threat to the safety of
8any person present, including the law enforcement officer or
9emergency services personnel, and if the licensee or
10non-resident is physically and mentally capable of possessing
11the firearm, the law enforcement officer or emergency services
12personnel shall return the firearm to the licensee or
13non-resident before releasing him or her from the scene and
14breaking contact. If the licensee or non-resident is
15transported for treatment to another location, the firearm
16shall be turned over to any peace officer. The peace officer
17shall provide a receipt which includes the make, model,
18caliber, and serial number of the firearm.
19    (i) The Department shall maintain a database of license
20applicants and licensees. The database shall be available to
21all federal, State, and local law enforcement agencies,
22State's Attorneys, the Attorney General, and authorized court
23personnel. Within 180 days after the effective date of this
24Act, the database shall be searchable and provide all
25information included in the application, including the
26applicant's previous addresses within the 10 years prior to

 

 

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1the license application and any information related to
2violations of this Act. No law enforcement agency, State's
3Attorney, Attorney General, or member or staff of the
4judiciary shall provide any information to a requester who is
5not entitled to it by law.
6    (j) No later than 10 days after receipt of a completed
7application, the Department shall enter the relevant
8information about the applicant into the database under
9subsection (i) of this Section which is accessible by law
10enforcement agencies.
11(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-29,
12eff. 7-10-15.)