99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB3458

Introduced , by Rep. Charles E. Meier

SYNOPSIS AS INTRODUCED:

430 ILCS 66/40

Amends the Firearm Concealed Carry Act. Provides that a non-resident who is eligible to carry a firearm in public under the laws of his or her

state or
territory of residence, as evidenced by the possession of a

concealed carry license or permit issued by
his or her state or
territory

of residence, if applicable, and who is an active duty member of the U.S.

Armed Forces
as evidenced by the possession of valid military

identification, shall be permitted to carry a loaded or
unloaded concealed

firearm, fully concealed or partially concealed, on or about his or her

person, and to
keep or carry a loaded or unloaded concealed firearm on or

about his or her person within a vehicle, in
the same manner, and subject

to the same restrictions, as a licensee under the Act.

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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 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; ~~and~~

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) A non-resident who is eligible to carry a firearm in

25 public under the laws of his or her state or territory of

26 residence, as evidenced by the possession of a concealed carry

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1 license or permit issued by his or her state or territory of

2 residence, if applicable, and who is an active duty member of

3 the U.S. Armed Forces as evidenced by the possession of valid

4 military identification, shall be permitted to carry a loaded

5 or unloaded concealed firearm, fully concealed or partially

6 concealed, on or about his or her person, and to keep or carry

7 a loaded or unloaded concealed firearm on or about his or her

8 person within a vehicle, in the same manner, and subject to the

9 same restrictions, as a licensee under this Act.

10 (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; revised

11 12-10-14.)