Sen. Gary Forby

Filed: 5/20/2016

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1 AMENDMENT TO SENATE BILL 553

2 AMENDMENT NO. ______. Amend Senate Bill 553 by replacing

3 everything after the enacting clause with the following:

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

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1 Department under subsection (b) of this Section may apply for a

2 non-resident license. The applicant shall apply to the

3 Department and must meet all of the qualifications established

4 in Section 25 of this Act, except for the Illinois residency

5 requirement in item (xiv) of paragraph (2) of subsection (a) of

6 Section 4 of the Firearm Owners Identification Card Act. The

7 applicant shall submit:

8 (1) the application and documentation required under

9 Section 30 of this Act and the applicable fee;

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

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

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

13 possess a firearm;

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

15 a firearm or concealed firearm issued by his or her

16 state or territory of residence and attach a copy of

17 the license or permit to the application;

18 (C) understands Illinois laws pertaining to the

19 possession and transport of firearms; and

20 (D) acknowledges that the applicant is subject to

21 the jurisdiction of the Department and Illinois courts

22 for any violation of this Act;

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

24 of compliance with the training requirements under Section

25 75 of this Act; and

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

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1 specified by the Department taken within the 30 days

2 preceding the date of the application.

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

4 identification card, a non-resident applicant shall provide

5 similar documentation from his or her state or territory of

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

7 Card, the applicant shall submit documentation and information

8 required by the Department to obtain a Firearm Owner's

9 Identification Card, including an affidavit that the

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

11 firearm under Illinois law, and the Department shall ensure

12 that the applicant would meet the eligibility criteria to

13 obtain a Firearm Owner's Identification card if he or she was a

14 resident of this State.

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

16 transporting a concealed firearm within his or her vehicle in

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

18 vehicle and the non-resident:

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

20 firearm under federal law;

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

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

23 evidenced by the possession of a concealed carry license or

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

25 applicable; and

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

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

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

3 locked container within the vehicle in accordance with

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

5 (f) Notwithstanding whether the laws of the state or

6 territory where the non-resident resides related to firearm

7 ownership, possession, and carrying, are substantially similar

8 to the requirements to obtain a license under this Act, the

9 Department shall, no later than 120 days after the effective

10 date of this amendatory Act of the 99th General Assembly, allow

11 for a non-resident license application if the applicant is an

12 active duty member of the Armed Forces of the United States who

13 is stationed in this State and lives in this State. A

14 non-resident active duty member of the Armed Forces of the

15 United States who is stationed in this State and lives in this

16 State shall apply to the Department and must meet all of the

17 qualifications established in Section 25 of this Act and shall

18 submit:

19 (1) the application and documentation required under

20 subsection (b) of Section 30 of this Act and the applicable

21 fee;

22 (2) a photocopy of a valid military identification card

23 or Official Proof of Service Letter; and

24 (3) a photocopy of permanent change-of-station orders

25 to an assignment in this State.

26 In lieu of an Illinois driver's license or Illinois

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1 identification card, a non-resident applicant under this

2 subsection (f) shall provide similar documentation from his or

3 her state or territory of residence. A non-resident licensee

4 approved under this subsection (f) shall notify the Department

5 30 days following a permanent change of station move to an

6 assignment outside of this State and shall surrender his or her

7 license to the Department. A license issued under this

8 subsection (f) shall expire on the earlier date of: (i) 5 years

9 from the date of issuance; or (ii) the date the licensee's

10 assignment in this State terminates. The Department may adopt

11 rules necessary to implement the provisions of this amendatory

12 Act of the 99th General Assembly through the use of emergency

13 rulemaking in accordance with Section 5-45 of the Illinois

14 Administrative Procedure Act for a period not to exceed 180

15 days after the effective date of this amendatory Act of the

16 99th General Assembly.

17 (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-78,

18 eff. 7-20-15.)

19 (430 ILCS 66/60)

20 Sec. 60. Fees.

21 (a) All fees collected under this Act shall be deposited as

22 provided in this Section. Application, renewal, and

23 replacement fees shall be non-refundable.

24 (b) An applicant for a new license or a renewal shall

25 submit $150 with the application, of which $120 shall be

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1 apportioned to the State Police Firearm Services Fund, $20

2 shall be apportioned to the Mental Health Reporting Fund, and

3 $10 shall be apportioned to the State Crime Laboratory Fund.

4 (c) A non-resident applicant for a new license or renewal

5 shall submit $300 with the application, of which $250 shall be

6 apportioned to the State Police Firearm Services Fund, $40

7 shall be apportioned to the Mental Health Reporting Fund, and

8 $10 shall be apportioned to the State Crime Laboratory Fund.

9 (d) A licensee requesting a new license in accordance with

10 Section 55 shall submit $75, of which $60 shall be apportioned

11 to the State Police Firearm Services Fund, $5 shall be

12 apportioned to the Mental Health Reporting Fund, and $10 shall

13 be apportioned to the State Crime Laboratory Fund.

14 (e) An applicant for a new license or a renewal who is a

15 non-resident active duty member of the Armed Forces of the

16 United States stationed in this State shall submit $150 with

17 the application, of which $120 shall be apportioned to the

18 State Police Firearm Services Fund, $20 shall be apportioned to

19 the Mental Health Reporting Fund, and $10 shall be apportioned

20 to the State Crime Laboratory Fund.

21 (Source: P.A. 98-63, eff. 7-9-13.)

22 Section 10. The Wildlife Code is amended by adding Section

23 3.4b as follows:

24 (520 ILCS 5/3.4b new)

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1 Sec. 3.4b. Exemption. Persons licensed to possess a

2 concealed firearm under the Firearm Concealed Carry Act and

3 current or retired police officers authorized by law to possess

4 a concealed firearm shall be exempt from provisions of this

5 Code prohibiting possession of those firearms. However,

6 nothing in this Section authorizes the use of those firearms

7 except as authorized in the Firearm Concealed Carry Act, this

8 Code, or other law.

9 Section 99. Effective date. This Act takes effect upon

10 becoming law.".