Full Text of HB3398 100th General Assembly
HB3398 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB3398 Introduced , by Rep. Joe Sosnowski SYNOPSIS AS INTRODUCED: |
| 430 ILCS 66/40 | | 430 ILCS 66/60 | |
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Amends the Firearm Concealed Carry Act. Provides that if an Illinois resident would like to maintain a concealed carry license upon becoming a non-resident, the licensee shall apply for an Illinois concealed carry nonresident license. Provides that the non-resident licensee shall renew when the time remaining on the original resident license held expires. Provides that of the remaining $150 fee required for that non-resident license, $120 shall be apportioned to the State Police Firearm Services Fund, $20 shall be apportioned to the Mental Health Reporting Fund, and $10 shall be apportioned to the State Crime Laboratory Fund.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning safety.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Firearm Concealed Carry Act is amended by | 5 | | changing Sections 40 and 60 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 | 9 | | a person who has not resided within this State for more than 30 | 10 | | days and resides in another state or territory. | 11 | | (b) The Department shall by rule allow for non-resident | 12 | | license applications from any state or territory of the United | 13 | | States with laws related to firearm ownership, possession, and | 14 | | carrying, that are substantially similar to the requirements to | 15 | | obtain a license under this Act. | 16 | | (c) A resident of a state or territory approved by the | 17 | | Department under subsection (b) of this Section may apply for a | 18 | | non-resident license. The applicant shall apply to the | 19 | | Department and must meet all of the qualifications established | 20 | | in Section 25 of this Act, except for the Illinois residency | 21 | | requirement in item (xiv) of paragraph (2) of subsection (a) of | 22 | | Section 4 of the Firearm Owners Identification Card Act. The | 23 | | 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 | 23 | | identification card, a non-resident applicant shall provide | 24 | | similar documentation from his or her state or territory of | 25 | | residence. In lieu of a valid Firearm Owner's Identification | 26 | | Card, the applicant shall submit documentation and information |
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| 1 | | required by the Department to obtain a Firearm Owner's | 2 | | Identification Card, including an affidavit that the | 3 | | non-resident meets the mental health standards to obtain a | 4 | | firearm under Illinois law, and the Department shall ensure | 5 | | that the applicant would meet the eligibility criteria to | 6 | | obtain a Firearm Owner's Identification card if he or she was a | 7 | | resident of this State. | 8 | | (e) Nothing in this Act shall prohibit a non-resident from | 9 | | transporting a concealed firearm within his or her vehicle in | 10 | | Illinois, if the concealed firearm remains within his or her | 11 | | vehicle 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, | 21 | | he or she shall store the firearm within a locked vehicle or | 22 | | locked container within the vehicle in accordance with | 23 | | subsection (b) of Section 65 of this Act.
| 24 | | (f) If an Illinois resident would like to maintain a | 25 | | concealed carry license upon becoming a non-resident, the | 26 | | licensee shall apply for an Illinois concealed carry |
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| 1 | | non-resident license. The non-resident licensee shall renew | 2 | | when the time remaining on the original resident license held | 3 | | expires. | 4 | | (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-78, | 5 | | eff. 7-20-15.) | 6 | | (430 ILCS 66/60)
| 7 | | Sec. 60. Fees. | 8 | | (a) All fees collected under this Act shall be deposited as | 9 | | provided in this Section. Application, renewal, and | 10 | | replacement fees shall be non-refundable. | 11 | | (b) An applicant for a new license or a renewal shall | 12 | | submit $150 with the application, of which $120 shall be | 13 | | apportioned to the State Police Firearm Services Fund, $20 | 14 | | shall be apportioned to the Mental Health Reporting Fund, and | 15 | | $10 shall be apportioned to the State Crime Laboratory Fund. | 16 | | (c) A non-resident applicant for a new license or renewal | 17 | | shall submit $300 with the application, of which $250 shall be | 18 | | apportioned to the State Police Firearm Services Fund, $40 | 19 | | shall be apportioned to the Mental Health Reporting Fund, and | 20 | | $10 shall be apportioned to the State Crime Laboratory Fund | 21 | | except as provided in subsection (c-5) of this Section . | 22 | | (c-5) If a non-resident applicant has previously held an | 23 | | Illinois concealed carry license and moves out of state before | 24 | | its expiration, the fee previously paid for the license shall | 25 | | be credited against the non-resident application fee. Of the |
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| 1 | | remaining $150 fee required for that non-resident license, $120 | 2 | | shall be apportioned to the State Police Firearm Services Fund, | 3 | | $20 shall be apportioned to the Mental Health Reporting Fund, | 4 | | and $10 shall be apportioned to the State Crime Laboratory | 5 | | Fund. | 6 | | (d) A licensee requesting a new license in accordance with | 7 | | Section 55 shall submit $75, of which $60 shall be apportioned | 8 | | to the State Police Firearm Services Fund, $5 shall be | 9 | | apportioned to the Mental Health Reporting Fund, and $10 shall | 10 | | be apportioned to the State Crime Laboratory Fund.
| 11 | | (Source: P.A. 98-63, eff. 7-9-13.)
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