99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB5035
 
Introduced , by Rep. Brian W. Stewart
 
SYNOPSIS AS INTRODUCED:



430 ILCS 66/40

 Amends the Firearm Concealed Carry Act. Provides that the Department of State Police shall by rule allow for non-resident license applications from any state or territory of the United States that requires firearm training and a background check of an applicant for a license to carry concealed firearms (currently, the other state or territory must have 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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A BILL FOR
 


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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 that requires firearm training and a background check of 
14an applicant for a license to carry concealed firearms with 
15laws related to firearm ownership, possession, and carrying, 
16that are substantially similar to the requirements to obtain a 
17license under this Act.
18 (c) A resident of a state or territory approved by the 
19Department under subsection (b) of this Section may apply for a 
20non-resident license. The applicant shall apply to the 
21Department and must meet all of the qualifications established 
22in Section 25 of this Act, except for the Illinois residency 
23requirement in item (xiv) of paragraph (2) of subsection (a) of 
 
 
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1Section 4 of the Firearm Owners Identification Card Act. The 
2applicant 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 carry 
10 a firearm or concealed firearm issued by his or her 
11 state or territory of residence and attach a copy of 
12 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 Department and Illinois courts 
17 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 Department taken within the 30 days 
23 preceding the date of the application.
24 (d) In lieu of an Illinois driver's license or Illinois 
25identification card, a non-resident applicant shall provide 
26similar documentation from his or her state or territory of 
 
 
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1residence. In lieu of a valid Firearm Owner's Identification 
2Card, the applicant shall submit documentation and information 
3required by the Department to obtain a Firearm Owner's 
4Identification Card, including an affidavit that the 
5non-resident meets the mental health standards to obtain a 
6firearm under Illinois law, and the Department shall ensure 
7that the applicant would meet the eligibility criteria to 
8obtain a Firearm Owner's Identification card if he or she was a 
9resident of this State.
10 (e) Nothing in this Act shall prohibit a non-resident from 
11transporting a concealed firearm within his or her vehicle in 
12Illinois, if the concealed firearm remains within his or her 
13vehicle 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 or 
19 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, 
23he or she shall store the firearm within a locked vehicle or 
24locked container within the vehicle in accordance with 
25subsection (b) of Section 65 of this Act.

26(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-78, 
 
 
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1eff. 7-20-15.)


2 Section 99. Effective date. This Act takes effect upon 
3becoming law.