101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB5219

Introduced , by Rep. Tim Butler

SYNOPSIS AS INTRODUCED:

430 ILCS 66/40

Amends the Firearm Concealed Carry Act. Provides that notwithstanding other provisions of the Act, the Illinois State Police shall by rule allow for a non-resident license application by a non-resident applicant who is a certified firearms instructor under the Act whether or not the instructor is 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.

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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 (b-5) Notwithstanding subsection (b), the Illinois State

17 Police shall by rule allow for a non-resident license

18 application by a non-resident applicant who is a certified

19 firearms instructor under Section 80 whether or not the

20 instructor is from a state or territory of the United States

21 with laws related to firearm ownership, possession, and

22 carrying, that are substantially similar to the requirements to

23 obtain a license under this Act.

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

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

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

4 Department and must meet all of the qualifications established

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

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

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

8 applicant shall submit:

9 (1) the application and documentation required under

10 Section 30 of this Act and the applicable fee;

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

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

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

14 possess a firearm;

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

16 a firearm or concealed firearm issued by his or her

17 state or territory of residence and attach a copy of

18 the license or permit to the application;

19 (C) understands Illinois laws pertaining to the

20 possession and transport of firearms; and

21 (D) acknowledges that the applicant is subject to

22 the jurisdiction of the Department and Illinois courts

23 for any violation of this Act;

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

25 of compliance with the training requirements under Section

26 75 of this Act; and

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

2 specified by the Department taken within the 30 days

3 preceding the date of the application.

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

5 identification card, a non-resident applicant shall provide

6 similar documentation from his or her state or territory of

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

8 Card, the applicant shall submit documentation and information

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

10 Identification Card, including an affidavit that the

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

12 firearm under Illinois law, and the Department shall ensure

13 that the applicant would meet the eligibility criteria to

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

15 resident of this State.

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

17 transporting a concealed firearm within his or her vehicle in

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

19 vehicle and the non-resident:

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

21 firearm under federal law;

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

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

24 evidenced by the possession of a concealed carry license or

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

26 applicable; and

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

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

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

4 locked container within the vehicle in accordance with

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

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

7 eff. 7-20-15.)