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1 | AN ACT concerning safety.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Firearm Owners Identification Card Act is | |||||||||||||||||||||||||||||||||||||
5 | amended by changing Sections 5, 7, 13.2, and 14 as follows:
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6 | (430 ILCS 65/5) (from Ch. 38, par. 83-5)
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7 | Sec. 5. Application and renewal . | |||||||||||||||||||||||||||||||||||||
8 | (a) The Illinois State Police shall either approve or
deny | |||||||||||||||||||||||||||||||||||||
9 | all applications within 30 days from the date they are | |||||||||||||||||||||||||||||||||||||
10 | received,
except as provided in subsections (b) and (c), and | |||||||||||||||||||||||||||||||||||||
11 | every applicant found qualified under Section 8 of this Act by
| |||||||||||||||||||||||||||||||||||||
12 | the Illinois State Police shall be entitled to a Firearm | |||||||||||||||||||||||||||||||||||||
13 | Owner's Identification
Card upon the payment of a $10 fee and | |||||||||||||||||||||||||||||||||||||
14 | applicable processing fees. The processing fees shall be | |||||||||||||||||||||||||||||||||||||
15 | limited to charges by the State Treasurer for using the | |||||||||||||||||||||||||||||||||||||
16 | electronic online payment system. Any applicant who is an | |||||||||||||||||||||||||||||||||||||
17 | active duty member of the Armed Forces of the United States, a | |||||||||||||||||||||||||||||||||||||
18 | member of the Illinois National Guard, or a member of the | |||||||||||||||||||||||||||||||||||||
19 | Reserve Forces of the United States is exempt from the | |||||||||||||||||||||||||||||||||||||
20 | application fee. $5 of each fee derived from the issuance of a | |||||||||||||||||||||||||||||||||||||
21 | Firearm Owner's Identification Card or renewals thereof shall | |||||||||||||||||||||||||||||||||||||
22 | be deposited in the State Police Firearm Services Fund and $5 | |||||||||||||||||||||||||||||||||||||
23 | into the State Police Revocation Enforcement Fund. |
| |||||||
| |||||||
1 | (b) (Blank). Renewal applications shall be approved or | ||||||
2 | denied within 60 business days, provided the applicant | ||||||
3 | submitted his or her renewal application prior to the | ||||||
4 | expiration of his or her Firearm Owner's Identification Card. | ||||||
5 | If a renewal application has been submitted prior to the | ||||||
6 | expiration date of the applicant's Firearm Owner's | ||||||
7 | Identification Card, the Firearm Owner's Identification Card | ||||||
8 | shall remain valid while the Illinois State Police processes | ||||||
9 | the application, unless the person is subject to or becomes | ||||||
10 | subject to revocation under this Act. The cost for a renewal | ||||||
11 | application shall be $10 and may include applicable processing | ||||||
12 | fees, which shall be limited to charges by the State Treasurer | ||||||
13 | for using the electronic online payment system, which shall be | ||||||
14 | deposited into the State Police Firearm Services Fund. | ||||||
15 | (c) If the Firearm Owner's Identification Card of a | ||||||
16 | licensee under the Firearm Concealed Carry Act expires during | ||||||
17 | the term of the licensee's concealed carry license, the | ||||||
18 | Firearm Owner's Identification Card and the license remain | ||||||
19 | valid and the licensee does not have to renew his or her | ||||||
20 | Firearm Owner's Identification Card during the duration of the | ||||||
21 | concealed carry license. Unless the Illinois State Police has | ||||||
22 | reason to believe the licensee is no longer eligible for the | ||||||
23 | card, the Illinois State Police may automatically renew the | ||||||
24 | licensee's Firearm Owner's Identification Card and send a | ||||||
25 | renewed Firearm Owner's Identification Card to the licensee. | ||||||
26 | (d) The Illinois State Police may adopt rules concerning |
| |||||||
| |||||||
1 | the use of voluntarily submitted fingerprints, as allowed by | ||||||
2 | State and federal law.
| ||||||
3 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
4 | 102-813, eff. 5-13-22.)
| ||||||
5 | (430 ILCS 65/7) (from Ch. 38, par. 83-7)
| ||||||
6 | Sec. 7. Validity of Firearm Owner's Identification Card. | ||||||
7 | (a) Except as provided in Section 8 of this Act or | ||||||
8 | elsewhere in this Section, a Firearm Owner's
Identification | ||||||
9 | Card issued under the provisions of this Act shall be valid
for | ||||||
10 | the person to whom it is issued for the Card holder's lifetime. | ||||||
11 | A Firearm Owner's
Identification Card issued before the | ||||||
12 | effective date of this amendatory Act of the 103rd General | ||||||
13 | Assembly shall be valid during the Card holder's lifetime | ||||||
14 | regardless of the expiration date on the Card a period of 10 | ||||||
15 | years from the date
of issuance . Unless the person no longer | ||||||
16 | meets the requirements or becomes subject to suspension or | ||||||
17 | revocation under this Act, a card issued under an application | ||||||
18 | made as provided in subsection (a-25) of Section 4 shall | ||||||
19 | remain valid if the person meets the requirements of | ||||||
20 | subsection (b-5) of Section 3.1. | ||||||
21 | (b) (Blank). If a renewal application is submitted to the | ||||||
22 | Department before the expiration date of the applicant's | ||||||
23 | current Firearm Owner's Identification Card, the Firearm | ||||||
24 | Owner's Identification Card shall remain valid, unless the | ||||||
25 | person is subject to or becomes subject to revocation under |
| |||||||
| |||||||
1 | this Act. Unless the person no longer meets the requirements | ||||||
2 | or becomes subject to suspension or revocation under this Act, | ||||||
3 | a card issued under a renewal application made as provided in | ||||||
4 | subsection (a-25) of Section 4 shall remain valid if the | ||||||
5 | person meets the implementation requirements of Section 3.1.
| ||||||
6 | (c) Beginning January 1, 2022, if the Firearm Owner's | ||||||
7 | Identification Card of a licensee under the Firearm Concealed | ||||||
8 | Carry Act expires during the term of the licensee's concealed | ||||||
9 | carry license, the Firearm Owner's Identification Card and the | ||||||
10 | license remain valid during the validity of the concealed | ||||||
11 | carry license and the licensee does not have to renew his or | ||||||
12 | her Firearm Owner's Identification Card, if the Firearm | ||||||
13 | Owner's Identification Card has not been otherwise renewed as | ||||||
14 | provided in this Act. Unless the Illinois State Police has | ||||||
15 | reason to believe the licensee is no longer eligible for the | ||||||
16 | card, the Illinois State Police may automatically renew the | ||||||
17 | licensee's Firearm Owner's Identification Card. | ||||||
18 | (Source: P.A. 102-237, eff. 1-1-22 .)
| ||||||
19 | (430 ILCS 65/13.2) (from Ch. 38, par. 83-13.2)
| ||||||
20 | Sec. 13.2. Name Renewal; name , photograph, or address | ||||||
21 | change; replacement card. The Illinois State Police shall, 180 | ||||||
22 | days
prior to the expiration of a Firearm Owner's | ||||||
23 | Identification Card,
forward by first class mail or by other | ||||||
24 | means provided in Section 7.5 to each person whose card is to | ||||||
25 | expire a
notification of the
expiration of the card and |
| |||||||
| |||||||
1 | instructions for renewal.
It is the obligation of the holder | ||||||
2 | of a Firearm Owner's Identification Card
to notify the | ||||||
3 | Illinois State Police of any address change since the
issuance | ||||||
4 | of
the Firearm Owner's Identification Card. The Illinois State | ||||||
5 | Police may update the applicant and card holder's address | ||||||
6 | based upon records in the Secretary of State Driver's License | ||||||
7 | or Illinois identification card records of applicants who do | ||||||
8 | not have driver's licenses. Any person whose legal name has | ||||||
9 | changed from the name on the card that he or she has been | ||||||
10 | previously issued must apply for a corrected card within 30 | ||||||
11 | calendar days after the change. The cost for an updated or | ||||||
12 | corrected card shall be $5. The cost for replacement of a card | ||||||
13 | which has been lost, destroyed, or stolen shall be $5 if the | ||||||
14 | loss, destruction, or theft of the card is reported to the | ||||||
15 | Illinois State Police. The fees collected under this Section | ||||||
16 | shall be deposited into the State Police Firearm Services | ||||||
17 | Fund.
| ||||||
18 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
19 | 102-813, eff. 5-13-22.)
| ||||||
20 | (430 ILCS 65/14) (from Ch. 38, par. 83-14)
| ||||||
21 | Sec. 14. Sentence.
| ||||||
22 | (a) Until the effective date of this amendatory Act of the | ||||||
23 | 103rd General Assembly, except Except as provided in | ||||||
24 | subsection (a-5), a violation of paragraph (1) of subsection | ||||||
25 | (a) of Section 2, when the
person's Firearm Owner's
|
| |||||||
| |||||||
1 | Identification Card is expired but the person is not otherwise | ||||||
2 | disqualified
from renewing the card, is a Class A misdemeanor.
| ||||||
3 | (a-5) Until the effective date of this amendatory Act of | ||||||
4 | the 103rd General Assembly, a A violation of paragraph (1) of | ||||||
5 | subsection (a) of Section 2, when the
person's Firearm Owner's
| ||||||
6 | Identification Card is expired but the person is not otherwise | ||||||
7 | disqualified
from owning, purchasing, or possessing firearms, | ||||||
8 | is a petty offense if the card was expired for 6 months or less | ||||||
9 | from the date of expiration. | ||||||
10 | (b) Except as provided in subsection (a) with respect to | ||||||
11 | an expired
card, a violation of paragraph (1) of subsection | ||||||
12 | (a) of Section 2 is a
Class A misdemeanor when the person does | ||||||
13 | not possess a currently valid Firearm
Owner's Identification | ||||||
14 | Card, but is otherwise eligible under this Act. A
second or | ||||||
15 | subsequent violation is a Class 4 felony.
| ||||||
16 | (c) A violation of paragraph (1) of subsection (a) of | ||||||
17 | Section 2 is a Class
3 felony when:
| ||||||
18 | (1) the person's Firearm Owner's Identification Card | ||||||
19 | is revoked or
subject to revocation under Section 8; or
| ||||||
20 | (2) until the effective date of this amendatory Act of | ||||||
21 | the 103rd General Assembly, the person's Firearm Owner's | ||||||
22 | Identification Card is expired and not
otherwise eligible | ||||||
23 | for renewal under this Act; or
| ||||||
24 | (3) the person does not possess a currently valid | ||||||
25 | Firearm Owner's
Identification Card, and the person is not | ||||||
26 | otherwise eligible under this
Act.
|
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| |||||||
1 | (d) A violation of subsection (a) of Section 3 is a Class 4 | ||||||
2 | felony.
A third or subsequent conviction is a Class 1 felony.
| ||||||
3 | (d-5) Any person who knowingly enters false information on | ||||||
4 | an application
for a Firearm Owner's Identification Card, who | ||||||
5 | knowingly gives a false answer
to any question on the | ||||||
6 | application, or who knowingly submits false evidence in
| ||||||
7 | connection with an application is guilty of a Class 2 felony.
| ||||||
8 | (e) Except as provided by Section 6.1 of this Act, any | ||||||
9 | other
violation of this Act is a Class A misdemeanor.
| ||||||
10 | (Source: P.A. 97-1131, eff. 1-1-13.)
| ||||||
11 | Section 10. The Firearm Concealed Carry Act is amended by | ||||||
12 | changing Sections 10, 45, 50, 60, 70, and 75 as follows: | ||||||
13 | (430 ILCS 66/10)
| ||||||
14 | Sec. 10. Issuance of licenses to carry a concealed | ||||||
15 | firearm. | ||||||
16 | (a) The Illinois State Police shall issue a license to | ||||||
17 | carry a concealed firearm under this Act to an applicant who: | ||||||
18 | (1) meets the qualifications of Section 25 of this | ||||||
19 | Act; | ||||||
20 | (2) has provided the application and documentation | ||||||
21 | required in Section 30 of this Act; | ||||||
22 | (3) has submitted the requisite fees; and | ||||||
23 | (4) does not pose a danger to himself, herself, or | ||||||
24 | others, or a threat to public safety as determined by the |
| |||||||
| |||||||
1 | Concealed Carry Licensing Review Board in accordance with | ||||||
2 | Section 20. | ||||||
3 | (b) The Illinois State Police shall issue a renewal, | ||||||
4 | corrected , or duplicate license as provided in this Act. | ||||||
5 | (c) A license shall be valid throughout the State for a | ||||||
6 | period of 5 years from the date of issuance. A license shall | ||||||
7 | permit the licensee to: | ||||||
8 | (1) carry a loaded or unloaded concealed firearm, | ||||||
9 | fully concealed or partially concealed, on or about his or | ||||||
10 | her person; and
| ||||||
11 | (2) keep or carry a loaded or unloaded concealed | ||||||
12 | firearm on or about his or her person within a vehicle. | ||||||
13 | (d) The Illinois State Police shall make applications for | ||||||
14 | a license available no later than 180 days after July 9, 2013 | ||||||
15 | (the effective date of this Act). The Illinois State Police | ||||||
16 | shall establish rules for the availability and submission of | ||||||
17 | applications in accordance with this Act. | ||||||
18 | (e) An application for a license submitted to the Illinois | ||||||
19 | State Police that contains all the information and materials | ||||||
20 | required by this Act, including the requisite fee, shall be | ||||||
21 | deemed completed. Except as otherwise provided in this Act, no | ||||||
22 | later than 90 days after receipt of a completed application, | ||||||
23 | the Illinois State Police shall issue or deny the applicant a | ||||||
24 | license. The Illinois State Police shall notify the applicant | ||||||
25 | for a concealed carry license electronically to confirm if all | ||||||
26 | the required information and materials have been received. If |
| |||||||
| |||||||
1 | an applicant for a concealed carry license submits his or her | ||||||
2 | application electronically, the Illinois State Police shall | ||||||
3 | notify the applicant electronically if his or her application | ||||||
4 | is missing information or materials. | ||||||
5 | (f) The Illinois State Police shall deny the applicant a | ||||||
6 | license if the applicant fails to meet the requirements under | ||||||
7 | this Act or the Illinois State Police receives a determination | ||||||
8 | from the Board that the applicant is ineligible for a license. | ||||||
9 | The Illinois State Police must notify the applicant stating | ||||||
10 | the grounds for the denial. The notice of denial must inform | ||||||
11 | the applicant of his or her right to an appeal through | ||||||
12 | administrative and judicial review. | ||||||
13 | (g) A licensee shall possess a license at all times the | ||||||
14 | licensee carries a concealed firearm except: | ||||||
15 | (1) when the licensee is carrying or possessing a | ||||||
16 | concealed firearm on his or her land or in his or her | ||||||
17 | abode, legal dwelling, or fixed place of business, or on | ||||||
18 | the land or in the legal dwelling of another person as an | ||||||
19 | invitee with that person's permission; | ||||||
20 | (2) when the person is authorized to carry a firearm | ||||||
21 | under Section 24-2 of the Criminal Code of 2012, except | ||||||
22 | subsection (a-5) of that Section; or | ||||||
23 | (3) when the handgun is broken down in a | ||||||
24 | non-functioning state, is not immediately accessible, or | ||||||
25 | is unloaded and enclosed in a case. | ||||||
26 | (h) If an officer of a law enforcement agency initiates an |
| |||||||
| |||||||
1 | investigative stop, including, but not limited to, a traffic | ||||||
2 | stop, of a licensee or a non-resident carrying a concealed | ||||||
3 | firearm under subsection (e) of
Section 40 of this Act, upon | ||||||
4 | the request of the officer the licensee or non-resident shall | ||||||
5 | disclose to the officer that he or she is in possession of a | ||||||
6 | concealed firearm under this Act, or present the license upon | ||||||
7 | the request of the officer if he or she is a licensee or | ||||||
8 | present upon the request of the officer evidence
under | ||||||
9 | paragraph (2) of subsection (e) of Section 40 of this Act that | ||||||
10 | he or she is a non-resident qualified to carry
under that | ||||||
11 | subsection. The disclosure requirement under this subsection | ||||||
12 | (h) is satisfied if the licensee presents his or her license to | ||||||
13 | the officer or the non-resident presents to the officer | ||||||
14 | evidence under paragraph (2) of subsection (e) of Section 40 | ||||||
15 | of this Act that he or she is qualified to carry under that | ||||||
16 | subsection. Upon the request of the officer, the licensee or | ||||||
17 | non-resident shall also identify the location of the concealed | ||||||
18 | firearm and permit the officer to safely secure the firearm | ||||||
19 | for the duration of the investigative stop. During a traffic | ||||||
20 | stop, any
passenger within the vehicle who is a licensee or a | ||||||
21 | non-resident carrying under subsection (e) of
Section 40 of | ||||||
22 | this Act must comply with the requirements of this subsection | ||||||
23 | (h). | ||||||
24 | (h-1) If a licensee carrying a firearm or a non-resident | ||||||
25 | carrying a firearm in a vehicle under subsection (e) of | ||||||
26 | Section 40 of this Act is contacted by a law enforcement |
| |||||||
| |||||||
1 | officer or emergency
services personnel, the law enforcement | ||||||
2 | officer or emergency services personnel may secure the firearm
| ||||||
3 | or direct that it be secured during the duration of the contact | ||||||
4 | if the law enforcement officer or emergency
services personnel | ||||||
5 | determines that it is necessary for the safety of any person
| ||||||
6 | present, including the law enforcement officer or emergency | ||||||
7 | services personnel. The licensee or nonresident
shall submit | ||||||
8 | to the order to secure the firearm. When the law enforcement | ||||||
9 | officer or emergency services
personnel have determined that | ||||||
10 | the licensee or non-resident is not a threat to
the safety of | ||||||
11 | any person present, including the law enforcement officer or | ||||||
12 | emergency services personnel, and
if the licensee or | ||||||
13 | non-resident is physically and mentally capable of
possessing | ||||||
14 | the firearm, the law enforcement officer or emergency services | ||||||
15 | personnel shall return the
firearm to the licensee or | ||||||
16 | non-resident before releasing him or her from the
scene and | ||||||
17 | breaking contact. If the licensee or non-resident is | ||||||
18 | transported for
treatment to another location, the firearm | ||||||
19 | shall be turned over to any peace
officer. The peace officer | ||||||
20 | shall provide a receipt which includes the make,
model, | ||||||
21 | caliber, and serial number of the firearm. | ||||||
22 | (i) The Illinois State Police shall maintain a database of | ||||||
23 | license applicants and licensees. The database shall be | ||||||
24 | available to all federal, State, and local law enforcement | ||||||
25 | agencies, State's Attorneys, the Attorney General, and | ||||||
26 | authorized court personnel. Within 180 days after July 9, 2013 |
| |||||||
| |||||||
1 | (the effective date of this Act), the database shall be | ||||||
2 | searchable and provide all information included in the | ||||||
3 | application, including the applicant's previous addresses | ||||||
4 | within the 10 years prior to the license application and any | ||||||
5 | information related to violations of this Act. No law | ||||||
6 | enforcement agency, State's Attorney, Attorney General, or | ||||||
7 | member or staff of the judiciary shall provide any information | ||||||
8 | to a requester who is not entitled to it by law. | ||||||
9 | (j) No later than 10 days after receipt of a completed | ||||||
10 | application, the Illinois State Police shall enter the | ||||||
11 | relevant information about the applicant into the database | ||||||
12 | under subsection (i) of this Section which is accessible by | ||||||
13 | law enforcement agencies.
| ||||||
14 | (k) The Illinois State Police shall continuously monitor | ||||||
15 | relevant State and federal databases for firearms prohibitors | ||||||
16 | and correlate those records with concealed carry license | ||||||
17 | holders to ensure compliance with this Act, or State and | ||||||
18 | federal law. The Illinois State Police may adopt rules to | ||||||
19 | implement this subsection. | ||||||
20 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
21 | 102-813, eff. 5-13-22.) | ||||||
22 | (430 ILCS 66/45)
| ||||||
23 | Sec. 45. Civil immunity; Board, employees, and agents. The | ||||||
24 | Board, Illinois State Police, local law enforcement agency, or | ||||||
25 | the employees and agents of the Board, Illinois State Police, |
| |||||||
| |||||||
1 | or local law enforcement agency participating in the licensing | ||||||
2 | process under this Act shall not be held liable for damages in | ||||||
3 | any civil action arising from alleged wrongful or improper | ||||||
4 | granting, denying, renewing, revoking, suspending, or failing | ||||||
5 | to grant, deny, renew, revoke, or suspend a license under this | ||||||
6 | Act, except for willful or wanton misconduct.
| ||||||
7 | (Source: P.A. 102-538, eff. 8-20-21.) | ||||||
8 | (430 ILCS 66/50)
| ||||||
9 | Sec. 50. Lifetime license License renewal . | ||||||
10 | (a) A license shall be valid during the licensee's | ||||||
11 | lifetime. A license issued before the effective date of this | ||||||
12 | amendatory Act of the 103rd General Assembly shall be valid | ||||||
13 | during the licensee's lifetime regardless of the expiration | ||||||
14 | date on the license. This subsection (a) applies through the | ||||||
15 | 180th day following July 12, 2019 (the effective date of | ||||||
16 | Public Act 101-80). The Illinois State Police shall, 180 days | ||||||
17 | prior to the expiration of a concealed carry license, notify | ||||||
18 | each person whose license is to expire a notification of the | ||||||
19 | expiration of the license and instructions for renewal. | ||||||
20 | Applications for renewal of a license shall be made to the | ||||||
21 | Illinois State Police. A license shall be renewed for a period | ||||||
22 | of 5 years upon receipt of a completed renewal application, | ||||||
23 | completion of 3 hours of training required under Section 75 of | ||||||
24 | this Act, payment of the applicable renewal fee, and | ||||||
25 | completion of an investigation under Section 35 of this Act. |
| |||||||
| |||||||
1 | The renewal application shall contain the information required | ||||||
2 | in Section 30 of this Act, except that the applicant need not | ||||||
3 | resubmit a full set of fingerprints. | ||||||
4 | (b) (Blank). This subsection (b) applies on and after the | ||||||
5 | 181st day following July 12, 2019 (the effective date of | ||||||
6 | Public Act 101-80). Applications for renewal of a license | ||||||
7 | shall be made to the Illinois State Police. A license shall be | ||||||
8 | renewed for a period of 5 years from the date of expiration on | ||||||
9 | the applicant's current license upon the receipt of a | ||||||
10 | completed renewal application, completion of 3 hours of | ||||||
11 | training required under Section 75 of this Act, payment of the | ||||||
12 | applicable renewal fee, and completion of an investigation | ||||||
13 | under Section 35 of this Act. The renewal application shall | ||||||
14 | contain the information required in Section 30 of this Act, | ||||||
15 | except that the applicant need not resubmit a full set of | ||||||
16 | fingerprints.
| ||||||
17 | (Source: P.A. 101-80, eff. 7-12-19; 102-237, eff. 1-1-22; | ||||||
18 | 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.) | ||||||
19 | (430 ILCS 66/60)
| ||||||
20 | Sec. 60. Fees. | ||||||
21 | (a) All fees collected under this Act shall be deposited | ||||||
22 | as 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 |
| |||||||
| |||||||
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) A non-resident applicant for a new license or renewal | ||||||
5 | shall submit $300 with the application, of which $250 shall be | ||||||
6 | apportioned to the State Police Firearm Services Fund, $40 | ||||||
7 | shall be apportioned to the Mental Health Reporting Fund, and | ||||||
8 | $10 shall be apportioned to the State Crime Laboratory Fund. | ||||||
9 | (d) A licensee requesting a new license replacement in | ||||||
10 | accordance with Section 55 shall submit $75, of which $60 | ||||||
11 | shall be apportioned to the State Police Firearm Services | ||||||
12 | Fund, $5 shall be apportioned to the Mental Health Reporting | ||||||
13 | Fund, and $10 shall be apportioned to the State Crime | ||||||
14 | Laboratory Fund.
| ||||||
15 | (Source: P.A. 98-63, eff. 7-9-13.) | ||||||
16 | (430 ILCS 66/70) | ||||||
17 | Sec. 70. Violations. | ||||||
18 | (a) A license issued or renewed under this Act shall be | ||||||
19 | revoked if, at any time, the licensee is found to be ineligible | ||||||
20 | for a license under this Act or the licensee no longer meets | ||||||
21 | the eligibility requirements of the Firearm Owners | ||||||
22 | Identification Card Act. | ||||||
23 | (b) A license shall be suspended if an order of | ||||||
24 | protection, including an emergency order of protection, | ||||||
25 | plenary order of protection, or interim order of protection |
| |||||||
| |||||||
1 | under Article 112A of the Code of Criminal Procedure of 1963 or | ||||||
2 | under the Illinois Domestic Violence Act of 1986, or if a | ||||||
3 | firearms restraining order, including an emergency firearms | ||||||
4 | restraining order, under the Firearms Restraining Order Act, | ||||||
5 | is issued against a licensee for the duration of the order, or | ||||||
6 | if the Illinois State Police is made aware of a similar order | ||||||
7 | issued against the licensee in any other jurisdiction. If an | ||||||
8 | order of protection is issued against a licensee, the licensee | ||||||
9 | shall surrender the license, as applicable, to the court at | ||||||
10 | the time the order is entered or to the law enforcement agency | ||||||
11 | or entity serving process at the time the licensee is served | ||||||
12 | the order. The court, law enforcement agency, or entity | ||||||
13 | responsible for serving the order of protection shall notify | ||||||
14 | the Illinois State Police within 7 days and transmit the | ||||||
15 | license to the Illinois State Police. | ||||||
16 | (c) (Blank). A license is invalid upon expiration of the | ||||||
17 | license, unless the licensee has submitted an application to | ||||||
18 | renew the license, and the applicant is otherwise eligible to | ||||||
19 | possess a license under this Act. | ||||||
20 | (d) A licensee shall not carry a concealed firearm while | ||||||
21 | under the influence of alcohol, other drug or drugs, | ||||||
22 | intoxicating compound or combination of compounds, or any | ||||||
23 | combination thereof, under the standards set forth in | ||||||
24 | subsection (a) of Section 11-501 of the Illinois Vehicle Code. | ||||||
25 | A licensee in violation of this subsection (d) shall be | ||||||
26 | guilty of a Class A misdemeanor for a first or second violation |
| |||||||
| |||||||
1 | and a Class 4 felony for a third violation. The Illinois State | ||||||
2 | Police may suspend a license for up to 6 months for a second | ||||||
3 | violation and shall permanently revoke a license for a third | ||||||
4 | violation. | ||||||
5 | (e) Except as otherwise provided, a licensee in violation | ||||||
6 | of this Act shall be guilty of a Class B misdemeanor. A second | ||||||
7 | or subsequent violation is a Class A misdemeanor. The Illinois | ||||||
8 | State Police may suspend a license for up to 6 months for a | ||||||
9 | second violation and shall permanently revoke a license for 3 | ||||||
10 | or more violations of Section 65 of this Act. Any person | ||||||
11 | convicted of a violation under this Section shall pay a $150 | ||||||
12 | fee to be deposited into the Mental Health Reporting Fund, | ||||||
13 | plus any applicable court costs or fees. | ||||||
14 | (f) A licensee convicted or found guilty of a violation of | ||||||
15 | this Act who has a valid license and is otherwise eligible to | ||||||
16 | carry a concealed firearm shall only be subject to the | ||||||
17 | penalties under this Section and shall not be subject to the | ||||||
18 | penalties under Section 21-6, paragraph (4), (8), or (10) of | ||||||
19 | subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5) | ||||||
20 | of paragraph (3) of subsection (a) of Section 24-1.6 of the | ||||||
21 | Criminal Code of 2012. Except as otherwise provided in this | ||||||
22 | subsection, nothing in this subsection prohibits the licensee | ||||||
23 | from being subjected to penalties for violations other than | ||||||
24 | those specified in this Act. | ||||||
25 | (g) A licensee whose license is revoked, suspended, or | ||||||
26 | denied shall, within 48 hours of receiving notice of the |
| |||||||
| |||||||
1 | revocation, suspension, or denial, surrender his or her | ||||||
2 | concealed carry license to the local law enforcement agency | ||||||
3 | where the person resides. The local law enforcement agency | ||||||
4 | shall provide the licensee a receipt and transmit the | ||||||
5 | concealed carry license to the Illinois State Police. If the | ||||||
6 | licensee whose concealed carry license has been revoked, | ||||||
7 | suspended, or denied fails to comply with the requirements of | ||||||
8 | this subsection, the law enforcement agency where the person | ||||||
9 | resides may petition the circuit court to issue a warrant to | ||||||
10 | search for and seize the concealed carry license in the | ||||||
11 | possession and under the custody or control of the licensee | ||||||
12 | whose concealed carry license has been revoked, suspended, or | ||||||
13 | denied. The observation of a concealed carry license in the | ||||||
14 | possession of a person whose license has been revoked, | ||||||
15 | suspended, or denied constitutes a sufficient basis for the | ||||||
16 | arrest of that person for violation of this subsection. A | ||||||
17 | violation of this subsection is a Class A misdemeanor. | ||||||
18 | (h) Except as otherwise provided in subsection (h-5), a | ||||||
19 | license issued or renewed under this Act shall be revoked if, | ||||||
20 | at any time, the licensee is found ineligible for a Firearm | ||||||
21 | Owner's Identification Card, or the licensee no longer | ||||||
22 | possesses a valid Firearm Owner's Identification Card. If the | ||||||
23 | Firearm Owner's Identification Card is expired or suspended | ||||||
24 | rather than denied or revoked, the license may be suspended | ||||||
25 | for a period of up to one year to allow the licensee to | ||||||
26 | reinstate his or her Firearm Owner's Identification Card. The |
| |||||||
| |||||||
1 | Illinois State Police shall adopt rules to enforce this | ||||||
2 | subsection. A licensee whose license is revoked under this | ||||||
3 | subsection (h) shall surrender his or her concealed carry | ||||||
4 | license as provided for in subsection (g) of this Section. | ||||||
5 | This subsection shall not apply to a person who has filed | ||||||
6 | an application with the Illinois State Police for renewal of a | ||||||
7 | Firearm
Owner's Identification Card and who is not otherwise | ||||||
8 | ineligible to obtain a Firearm Owner's Identification Card.
| ||||||
9 | (h-5) If the Firearm Owner's Identification Card of a
| ||||||
10 | licensee under this Act expires during the term of the license
| ||||||
11 | issued under this Act, the license and the Firearm Owner's
| ||||||
12 | Identification Card remain valid, and the Illinois State | ||||||
13 | Police
may automatically renew the licensee's Firearm Owner's
| ||||||
14 | Identification Card as provided in subsection (c) of Section 5
| ||||||
15 | of the Firearm Owners Identification Card Act. | ||||||
16 | (i) A certified firearms instructor who knowingly provides | ||||||
17 | or offers to provide a false certification that an applicant | ||||||
18 | has completed firearms training as required under this Act is | ||||||
19 | guilty of a Class A misdemeanor. A person guilty of a violation | ||||||
20 | of this subsection (i) is not eligible for court supervision. | ||||||
21 | The Illinois State Police shall permanently revoke the | ||||||
22 | firearms instructor certification of a person convicted under | ||||||
23 | this subsection (i). | ||||||
24 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
25 | 102-813, eff. 5-13-22.) |
| |||||||
| |||||||
1 | (430 ILCS 66/75)
| ||||||
2 | Sec. 75. Applicant firearm training. | ||||||
3 | (a) Within 60 days of the effective date of this Act, the | ||||||
4 | Illinois State Police shall begin approval of firearm training | ||||||
5 | courses and shall make a list of approved courses available on | ||||||
6 | the Illinois State Police's website. | ||||||
7 | (b) An applicant for a new license shall provide proof of | ||||||
8 | completion of a firearms training course or combination of | ||||||
9 | courses approved by the Illinois State Police of at least 16 | ||||||
10 | hours, which includes range qualification time under | ||||||
11 | subsection (c) of this Section, that covers the following: | ||||||
12 | (1) firearm safety; | ||||||
13 | (2) the basic principles of marksmanship; | ||||||
14 | (3) care, cleaning, loading, and unloading of a | ||||||
15 | concealable firearm; | ||||||
16 | (4) all applicable State and federal laws relating to | ||||||
17 | the ownership, storage, carry, and transportation of a | ||||||
18 | firearm; and | ||||||
19 | (5) instruction on the appropriate and lawful | ||||||
20 | interaction with law enforcement while transporting or | ||||||
21 | carrying a concealed firearm. | ||||||
22 | (c) An applicant for a new license shall provide proof of | ||||||
23 | certification by a certified instructor that the applicant | ||||||
24 | passed a live fire exercise with a concealable firearm | ||||||
25 | consisting of: | ||||||
26 | (1) a minimum of 30 rounds; and |
| |||||||
| |||||||
1 | (2) 10 rounds from a distance of 5 yards; 10 rounds | ||||||
2 | from a distance of 7 yards; and 10 rounds from a distance | ||||||
3 | of 10 yards at a B-27 silhouette target approved by the | ||||||
4 | Illinois State Police. | ||||||
5 | (d) (Blank). An applicant for renewal of a license shall | ||||||
6 | provide proof of completion of a firearms training course or | ||||||
7 | combination of courses approved by the Illinois State Police | ||||||
8 | of at least 3 hours. | ||||||
9 | (e) A certificate of completion for an applicant's firearm | ||||||
10 | training course shall not be issued to a student who: | ||||||
11 | (1) does not follow the orders of the certified | ||||||
12 | firearms instructor;
| ||||||
13 | (2) in the judgment of the certified instructor, | ||||||
14 | handles a firearm in a manner that poses a danger to the | ||||||
15 | student or to others; or
| ||||||
16 | (3) during the range firing portion of testing fails | ||||||
17 | to hit the target with 70% of the rounds fired. | ||||||
18 | (f) An instructor shall maintain a record of each | ||||||
19 | student's performance for at least 5 years, and shall make all | ||||||
20 | records available upon demand of authorized personnel of the | ||||||
21 | Illinois State Police. | ||||||
22 | (g) The Illinois State Police and certified firearms | ||||||
23 | instructors shall recognize up to 8 hours of training already | ||||||
24 | completed toward the 16 hour training requirement under this | ||||||
25 | Section if the training course is submitted to and approved by | ||||||
26 | the Illinois State Police. Any remaining hours that the |
| |||||||
| |||||||
1 | applicant completes must at least cover the classroom subject | ||||||
2 | matter of paragraph (4) of subsection (b) of this Section, and | ||||||
3 | the range qualification in subsection (c) of this Section. | ||||||
4 | (h) A person who has qualified to carry a firearm as an | ||||||
5 | active law enforcement or corrections officer, who has | ||||||
6 | successfully completed firearms training as required by his or | ||||||
7 | her law enforcement agency and is authorized by his or her | ||||||
8 | agency to carry a firearm; a person currently certified as a | ||||||
9 | firearms instructor by this Act or by the Illinois Law | ||||||
10 | Enforcement Training Standards Board; or a person who has | ||||||
11 | completed the required training and has been issued a firearm | ||||||
12 | control card by the Department of Financial and Professional | ||||||
13 | Regulation shall be exempt from the requirements of this | ||||||
14 | Section. | ||||||
15 | (i) The Illinois State Police and certified firearms | ||||||
16 | instructors shall recognize 8 hours of training as completed | ||||||
17 | toward the 16 hour training requirement under this Section, if | ||||||
18 | the applicant is an active, retired, or honorably discharged | ||||||
19 | member of the United States Armed Forces. Any remaining hours | ||||||
20 | that the applicant completes must at least cover the classroom | ||||||
21 | subject matter of paragraph (4) of subsection (b) of this | ||||||
22 | Section, and the range qualification in subsection (c) of this | ||||||
23 | Section.
| ||||||
24 | (j) The Illinois State Police and certified firearms | ||||||
25 | instructors shall recognize up to 8 hours of training already
| ||||||
26 | completed toward the 16 hour training requirement under this |
| |||||||
| |||||||
1 | Section if the training course is approved
by the Illinois | ||||||
2 | State Police and was completed in connection with the | ||||||
3 | applicant's previous employment as a law
enforcement or | ||||||
4 | corrections officer. Any remaining hours that the applicant | ||||||
5 | completes must at least cover the classroom
subject matter of | ||||||
6 | paragraph (4) of subsection (b) of this Section, and the range | ||||||
7 | qualification in
subsection (c) of this Section. A former law | ||||||
8 | enforcement or corrections officer seeking credit under this | ||||||
9 | subsection (j) shall provide evidence that he or she separated | ||||||
10 | from employment in good standing from each law enforcement | ||||||
11 | agency where he or she was employed. An applicant who was | ||||||
12 | discharged from a law enforcement agency for misconduct or | ||||||
13 | disciplinary reasons is not eligible for credit under this | ||||||
14 | subsection (j). | ||||||
15 | (Source: P.A. 102-538, eff. 8-20-21.)
|