103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1152

Introduced , by Rep. Michael T. Marron

SYNOPSIS AS INTRODUCED:

430 ILCS 66/40

Amends the Firearm Concealed Carry Act. Provides that the Illinois State Police shall allow for non-resident firearm concealed carry license applications from any state or territory of the United States (rather than from a state or territory of the United States with laws related to firearm ownership, possession, and carrying, that are substantially similar to the requirements to obtain a license under the Act). Provides that the applicant must meet certain statutory qualifications.

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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 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

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 Illinois State Police shall ~~by rule~~ allow for

12 non-resident license applications from any state or territory

13 of the United States. The applicant must meet the

14 qualifications established in subsection (c) and Section 25

15 ~~with laws related to firearm ownership, possession, and~~

16 ~~carrying, that are substantially similar to the requirements~~

17 ~~to obtain a license under this Act~~.

18 (c) A resident of a state or territory approved by the

19 Illinois State Police under subsection (b) of this Section may

20 apply for a non-resident license. The applicant shall apply to

21 the Illinois State Police and must meet all of the

22 qualifications established in Section 25 of this Act, except

23 for the Illinois residency requirement in item (xiv) of

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1 paragraph (2) of subsection (a) of Section 4 of the Firearm

2 Owners Identification Card Act. The applicant shall submit:

3 (1) the application and documentation required under

4 Section 30 of this Act and the applicable fee;

5 (2) a notarized document stating that the applicant:

6 (A) is eligible under federal law and the laws of

7 his or her state or territory of residence to own or

8 possess a firearm;

9 (B) if applicable, has a license or permit to

10 carry a firearm or concealed firearm issued by his or

11 her state or territory of residence and attach a copy

12 of the license or permit to the application;

13 (C) understands Illinois laws pertaining to the

14 possession and transport of firearms; and

15 (D) acknowledges that the applicant is subject to

16 the jurisdiction of the Illinois State Police and

17 Illinois courts for any violation of this Act;

18 (3) a photocopy of any certificates or other evidence

19 of compliance with the training requirements under Section

20 75 of this Act; and

21 (4) a head and shoulder color photograph in a size

22 specified by the Illinois State Police taken within the 30

23 days preceding the date of the application.

24 (d) In lieu of an Illinois driver's license or Illinois

25 identification card, a non-resident applicant shall provide

26 similar documentation from his or her state or territory of

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1 residence. In lieu of a valid Firearm Owner's Identification

2 Card, the applicant shall submit documentation and information

3 required by the Illinois State Police to obtain a Firearm

4 Owner's Identification Card, including an affidavit that the

5 non-resident meets the mental health standards to obtain a

6 firearm under Illinois law, and the Illinois State Police

7 shall ensure that the applicant would meet the eligibility

8 criteria to obtain a Firearm Owner's Identification card if he

9 or she was a resident of this State.

10 (e) Nothing in this Act shall prohibit a non-resident from

11 transporting a concealed firearm within his or her vehicle in

12 Illinois, if the concealed firearm remains within his or her

13 vehicle and the non-resident:

14 (1) is not prohibited from owning or possessing a

15 firearm under federal law;

16 (2) is eligible to carry a firearm in public under the

17 laws of his or her state or territory of residence, as

18 evidenced by the possession of a concealed carry license

19 or permit issued by his or her state of residence, if

20 applicable; and

21 (3) is not in possession of a license under this Act.

22 If the non-resident leaves his or her vehicle unattended,

23 he or she shall store the firearm within a locked vehicle or

24 locked container within the vehicle in accordance with

25 subsection (b) of Section 65 of this Act.

26 (Source: P.A. 102-538, eff. 8-20-21.)