Illinois General Assembly - Full Text of SB2633
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Full Text of SB2633  100th General Assembly




State of Illinois
2017 and 2018


Introduced 2/8/2018, by Sen. Dale Fowler


430 ILCS 66/40

    Amends the Firearm Concealed Carry Act. Eliminates provision that a non-resident license application must be from a state or territory with laws related to firearm ownership, possession, and carrying, that are substantially similar to the requirements to obtain a license under the Act. Effective immediately.

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SB2633LRB100 16994 SLF 32141 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 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) A resident of a state or territory approved by the
17Department under subsection (b) of this Section may apply for a
18non-resident license. The applicant shall apply to the
19Department and must meet all of the qualifications established
20in Section 25 of this Act, except for the Illinois residency
21requirement in item (xiv) of paragraph (2) of subsection (a) of
22Section 4 of the Firearm Owners Identification Card Act. The
23applicant 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.)
26    Section 99. Effective date. This Act takes effect upon



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1becoming law.