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Sen. Chuck Weaver
Filed: 4/3/2017
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1 | | AMENDMENT TO SENATE BILL 1524
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2 | | AMENDMENT NO. ______. Amend Senate Bill 1524, AS AMENDED, |
3 | | by replacing everything after the enacting clause with the |
4 | | following:
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5 | | "Section 5. The Firearm Concealed Carry Act is amended by |
6 | | changing Sections 40, 55, and 60 as follows:
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7 | | (430 ILCS 66/40)
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8 | | Sec. 40. Non-resident license applications. |
9 | | (a) For the purposes of this Section, "non-resident" means |
10 | | a person who has not resided within this State for more than 30 |
11 | | days and resides in another state or territory. |
12 | | (b) The Department shall by rule allow for non-resident |
13 | | license applications from any state or territory of the United |
14 | | States with laws related to firearm ownership, possession, and |
15 | | carrying, that are substantially similar to the requirements to |
16 | | obtain a license under this Act. |
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1 | | (b-5) Notwithstanding whether the laws of the state or |
2 | | territory where the non-resident resides related to firearm |
3 | | ownership, possession, and carrying are substantially similar |
4 | | to the requirements to obtain a license under this Act, the |
5 | | Department shall allow for a non-resident license application |
6 | | if the applicant is employed by the United States Military |
7 | | permanently assigned in Illinois on Permanent Change of Station |
8 | | (PCS) or Permanent Change of Assignment (PCA) orders and who is |
9 | | not a resident of this State but maintains an address in this |
10 | | State. A non-resident applicant who qualifies under this |
11 | | subsection (b-5) must meet all of the qualifications |
12 | | established in Section 25 of this Act and shall submit: |
13 | | (1) the application and documentation required under |
14 | | subsection (b) of Section 30 of this Act and the applicable |
15 | | fee; |
16 | | (2) a photocopy of proof of service document; |
17 | | (3) a photocopy of Permanent Change of Station (PCS) or |
18 | | Permanent Change of Assignment (PCA) orders to an |
19 | | assignment in this State; and |
20 | | (4) an affirmation that the applicant possesses a |
21 | | currently valid Firearm Owner's Identification Card with |
22 | | the Firearm Owner's Identification Card number or notice |
23 | | that the applicant is applying for a Firearm Owner's |
24 | | Identification Card in conjunction with the license |
25 | | application. |
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 (b-5) shall provide similar documentation from his |
3 | | or her state or territory of residence. |
4 | | (c) A resident of a state or territory approved by the |
5 | | Department under subsection (b) of this Section may apply for a |
6 | | non-resident license. The applicant shall apply to the |
7 | | Department and must meet all of the qualifications established |
8 | | in Section 25 of this Act, except for the Illinois residency |
9 | | requirement in item (xiv) of paragraph (2) of subsection (a) of |
10 | | Section 4 of the Firearm Owners Identification Card Act. The |
11 | | applicant shall submit: |
12 | | (1) the application and documentation required under |
13 | | Section 30 of this Act and the applicable fee; |
14 | | (2) a notarized document stating that the applicant: |
15 | | (A) is eligible under federal law and the laws of |
16 | | his or her state or territory of residence to own or |
17 | | possess a firearm; |
18 | | (B) if applicable, has a license or permit to carry |
19 | | a firearm or concealed firearm issued by his or her |
20 | | state or territory of residence and attach a copy of |
21 | | the license or permit to the application; |
22 | | (C) understands Illinois laws pertaining to the |
23 | | possession and transport of firearms; and |
24 | | (D) acknowledges that the applicant is subject to |
25 | | the jurisdiction of the Department and Illinois courts |
26 | | for any violation of this Act; |
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1 | | (3) a photocopy of any certificates or other evidence |
2 | | of compliance with the training requirements under Section |
3 | | 75 of this Act; and |
4 | | (4) a head and shoulder color photograph in a size |
5 | | specified by the Department taken within the 30 days |
6 | | preceding the date of the application. |
7 | | (d) In lieu of an Illinois driver's license or Illinois |
8 | | identification card, a non-resident applicant shall provide |
9 | | similar documentation from his or her state or territory of |
10 | | residence. In lieu of a valid Firearm Owner's Identification |
11 | | Card, except for a non-resident applicant under subsection |
12 | | (b-5) of this Section, the applicant shall submit documentation |
13 | | and information required by the Department to obtain a Firearm |
14 | | Owner's Identification Card, including an affidavit that the |
15 | | non-resident meets the mental health standards to obtain a |
16 | | firearm under Illinois law, and the Department shall ensure |
17 | | that the applicant would meet the eligibility criteria to |
18 | | obtain a Firearm Owner's Identification card if he or she was a |
19 | | resident of this State. |
20 | | (e) Nothing in this Act shall prohibit a non-resident from |
21 | | transporting a concealed firearm within his or her vehicle in |
22 | | Illinois, if the concealed firearm remains within his or her |
23 | | vehicle and the non-resident: |
24 | | (1) is not prohibited from owning or possessing a |
25 | | firearm under federal law; |
26 | | (2) is eligible to carry a firearm in public under the |
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1 | | laws of his or her state or territory of residence, as
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2 | | evidenced by the possession of a concealed carry license or |
3 | | permit issued by his or her state of residence, if
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4 | | applicable; and |
5 | | (3) is not in possession of a license under this Act. |
6 | | If the non-resident leaves his or her vehicle unattended, |
7 | | he or she shall store the firearm within a locked vehicle or |
8 | | locked container within the vehicle in accordance with |
9 | | subsection (b) of Section 65 of this Act.
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10 | | (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-78, |
11 | | eff. 7-20-15.)
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12 | | (430 ILCS 66/55)
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13 | | Sec. 55. Change of address or name; lost, destroyed, or |
14 | | stolen licenses. |
15 | | (a) A licensee shall notify the Department within 30 days |
16 | | of moving or changing residence or any change of name. The |
17 | | licensee shall submit the requisite fee and the Department may |
18 | | require a notarized statement that the licensee has
changed his |
19 | | or her residence or his or her name, including the prior and |
20 | | current address or name and the date the applicant moved or |
21 | | changed his or her name. |
22 | | (a-5) A non-resident licensee approved under subsection |
23 | | (b-5) of Section 40 of this Act shall, in addition to meeting |
24 | | the notification requirements in subsection (a) of this |
25 | | Section, notify the Department within 30 days of moving to an |
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1 | | address outside of this State, a Permanent Change of Station |
2 | | (PCS) or Permanent Change of Assignment (PCA) to a duty station |
3 | | outside this State, or a separation or retirement from the |
4 | | United States Military. |
5 | | (b) A licensee shall notify the Department within 10 days |
6 | | of discovering that a license has been lost, destroyed, or |
7 | | stolen. A lost, destroyed, or stolen license is invalid. To |
8 | | request a replacement license, the licensee shall submit: |
9 | | (1) a notarized statement that the licensee no longer |
10 | | possesses the license, and that it was lost, destroyed, or |
11 | | stolen; |
12 | | (2) if applicable, a copy of a police report stating |
13 | | that the license was stolen; and |
14 | | (3) the requisite fee. |
15 | | (c) A violation of this Section is a petty offense with a |
16 | | fine of $150 which shall be deposited into the Mental Health |
17 | | Reporting Fund.
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18 | | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)
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19 | | (430 ILCS 66/60)
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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) Except as provided in subsection (c-5) of this Section, |
5 | | a A non-resident applicant for a new license or renewal shall |
6 | | submit $300 with the application, of which $250 shall be |
7 | | apportioned to the State Police Firearm Services Fund, $40 |
8 | | shall be apportioned to the Mental Health Reporting Fund, and |
9 | | $10 shall be apportioned to the State Crime Laboratory Fund. |
10 | | (c-5) A non-resident applicant for a new license or renewal |
11 | | under subsection (b-5) of Section 40 of this Act shall submit |
12 | | $150 with the application, of which $120 shall be apportioned |
13 | | to the State Police Firearm Services Fund, $20 shall be |
14 | | apportioned to the Mental Health Reporting Fund, and $10 shall |
15 | | be apportioned to the State Crime Laboratory Fund. |
16 | | (d) A licensee requesting a new license in accordance with |
17 | | Section 55 shall submit $75, of which $60 shall be apportioned |
18 | | to the State Police Firearm Services Fund, $5 shall be |
19 | | apportioned to the Mental Health Reporting Fund, and $10 shall |
20 | | be apportioned to the State Crime Laboratory Fund.
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21 | | (Source: P.A. 98-63, eff. 7-9-13.)".
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