102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3006
 
Introduced , by Rep. Thomas M. Bennett
 
SYNOPSIS AS INTRODUCED:



  
430 ILCS 65/6 from Ch. 38, par. 83-6
430 ILCS 66/10

 Amends the Firearm Owners Identification Card Act and the Firearm Concealed Carry Act. Provides that if a person is eligible for both a Firearm Owner's Identification Card and a concealed carry license, the Illinois State Police shall create one card that may be used as both a Firearm Owner's Identification Card and a concealed carry license. A combined Firearm Owner's Identification Card and concealed carry license shall be considered a valid card for the purposes of the Acts. Provides that the Illinois State Police shall adopt rules to implement this provision.



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FISCAL NOTE ACT MAY APPLY
 
 
A BILL FOR
 


HB3006LRB102 16969 RLC 22387 b



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 Owners Identification Card Act is 
5amended by changing Section 6 as follows:




6 (430 ILCS 65/6) (from Ch. 38, par. 83-6)



7 Sec. 6. Contents of Firearm Owner's Identification Card. 

8 (a) A Firearm Owner's Identification Card, issued by the 
9Department of
State Police at such places as the Director of 
10the
Department shall
specify, shall contain the applicant's 
11name, residence, date of birth, sex,
physical description, 
12recent photograph, except as provided in subsection (c-5), and 
13signature. Each Firearm Owner's
Identification Card must have 
14the expiration date boldly and conspicuously
displayed on the 
15face of the card. Each Firearm Owner's
Identification Card 
16must have printed on it the following: "CAUTION - This
card 
17does not permit bearer to UNLAWFULLY carry or use firearms."

18Before December 1, 2002,
the Department may use a person's 
19digital photograph and signature from his or
her
Illinois 
20driver's license or Illinois Identification Card, if 
21available. On
and after December 1, 2002,
the Department shall 
22use a person's digital photograph and signature from his
or 
23her
Illinois driver's license or Illinois Identification Card, 
 
 
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1if available. The
Department shall decline to use a person's 
2digital photograph or signature if
the digital photograph or 
3signature is the result of or associated with
fraudulent or 
4erroneous data, unless otherwise provided by law.

5 (b) A person applying for a Firearm Owner's Identification 
6Card shall
consent
to the Department of State Police using the 
7applicant's digital driver's
license
or Illinois 
8Identification Card photograph, if available, and signature on 
9the
applicant's
Firearm Owner's Identification Card. The 
10Secretary
of State shall allow the Department of State Police 
11access to the photograph
and signature for the purpose of 
12identifying the applicant and issuing to the
applicant a

13Firearm Owner's Identification Card.

14 (c) The Secretary of State shall conduct a study to 
15determine the cost
and
feasibility of creating a method of 
16adding an identifiable code, background, or
other means on the 
17driver's license or Illinois Identification Card to show
that

18an individual is not disqualified from owning or possessing a 
19firearm under
State or federal law. The Secretary shall report 
20the findings of this study
12 months after the effective date 
21of this amendatory Act of the 92nd General
Assembly.

22 (c-5) If a person qualifies for a photograph exemption, in 
23lieu of a photograph, the Firearm Owner's Identification Card 
24shall contain a copy of the card holder's fingerprints. Each 
25Firearm Owner's Identification Card described in this 
26subsection (c-5) must have printed on it the following: "This 
 
 
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1card is only valid for firearm purchases through a federally 
2licensed firearms dealer when presented with photographic 
3identification, as prescribed by 18 U.S.C. 922(t)(1)(C)." 
4 (d) If a person is eligible for both a Firearm Owner's 
5Identification Card and a concealed carry license, the 
6Illinois State Police shall create one card that may be used as 
7both a Firearm Owner's Identification Card and a concealed 
8carry license. A combined Firearm Owner's Identification Card 
9and concealed carry license shall be considered a valid card 
10for the purposes of this Act. The Illinois State Police shall 
11adopt rules to implement this subsection (d). 
12(Source: P.A. 97-1131, eff. 1-1-13.)



13 Section 10. The Firearm Concealed Carry Act is amended by 
14changing Section 10 as follows:

15 (430 ILCS 66/10)

16 Sec. 10. Issuance of licenses to carry a concealed 
17firearm. 
18 (a) The Department shall issue a license to carry a 
19concealed firearm under this Act to an applicant who:
20  (1) meets the qualifications of Section 25 of this 
21 Act;
22  (2) has provided the application and documentation 
23 required in Section 30 of this Act; 
24  (3) has submitted the requisite fees; and
 
 
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1  (4) does not pose a danger to himself, herself, or 
2 others, or a threat to public safety as determined by the 
3 Concealed Carry Licensing Review Board in accordance with 
4 Section 20.
5 (b) The Department shall issue a renewal, corrected, or 
6duplicate license as provided in this Act.
7 (c) A license shall be valid throughout the State for a 
8period of 5 years from the date of issuance. A license shall 
9permit the licensee to:
10  (1) carry a loaded or unloaded concealed firearm, 
11 fully concealed or partially concealed, on or about his or 
12 her person; and

13  (2) keep or carry a loaded or unloaded concealed 
14 firearm on or about his or her person within a vehicle.
15 (d) The Department shall make applications for a license 
16available no later than 180 days after the effective date of 
17this Act. The Department shall establish rules for the 
18availability and submission of applications in accordance with 
19this Act.
20 (e) An application for a license submitted to the 
21Department that contains all the information and materials 
22required by this Act, including the requisite fee, shall be 
23deemed completed. Except as otherwise provided in this Act, no 
24later than 90 days after receipt of a completed application, 
25the Department shall issue or deny the applicant a license.
26 (f) The Department shall deny the applicant a license if 
 
 
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1the applicant fails to meet the requirements under this Act or 
2the Department receives a determination from the Board that 
3the applicant is ineligible for a license. The Department must 
4notify the applicant stating the grounds for the denial. The 
5notice of denial must inform the applicant of his or her right 
6to an appeal through administrative and judicial review.
7 (g) A licensee shall possess a license at all times the 
8licensee carries a concealed firearm except:
9  (1) when the licensee is carrying or possessing a 
10 concealed firearm on his or her land or in his or her 
11 abode, legal dwelling, or fixed place of business, or on 
12 the land or in the legal dwelling of another person as an 
13 invitee with that person's permission;
14  (2) when the person is authorized to carry a firearm 
15 under Section 24-2 of the Criminal Code of 2012, except 
16 subsection (a-5) of that Section; or
17  (3) when the handgun is broken down in a 
18 non-functioning state, is not immediately accessible, or 
19 is unloaded and enclosed in a case.
20 (g-5) A combined Firearm Owner's Identification Card and 
21concealed carry license shall be considered a valid license 
22for the purposes of this Act. 
23 (h) If an officer of a law enforcement agency initiates an 
24investigative stop, including but not limited to a traffic 
25stop, of a licensee or a non-resident carrying a concealed 
26firearm under subsection (e) of
Section 40 of this Act, upon 
 
 
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1the request of the officer the licensee or non-resident shall 
2disclose to the officer that he or she is in possession of a 
3concealed firearm under this Act, or present the license upon 
4the request of the officer if he or she is a licensee or 
5present upon the request of the officer evidence
under 
6paragraph (2) of subsection (e) of Section 40 of this Act that 
7he or she is a non-resident qualified to carry
under that 
8subsection. The disclosure requirement under this subsection 
9(h) is satisfied if the licensee presents his or her license to 
10the officer or the non-resident presents to the officer 
11evidence under paragraph (2) of subsection (e) of Section 40 
12of this Act that he or she is qualified to carry under that 
13subsection. Upon the request of the officer, the licensee or 
14non-resident shall also identify the location of the concealed 
15firearm and permit the officer to safely secure the firearm 
16for the duration of the investigative stop. During a traffic 
17stop, any
passenger within the vehicle who is a licensee or a 
18non-resident carrying under subsection (e) of
Section 40 of 
19this Act must comply with the requirements of this subsection 
20(h). 
21 (h-1) If a licensee carrying a firearm or a non-resident 
22carrying a firearm in a vehicle under subsection (e) of 
23Section 40 of this Act is contacted by a law enforcement 
24officer or emergency
services personnel, the law enforcement 
25officer or emergency services personnel may secure the firearm

26or direct that it be secured during the duration of the contact 
 
 
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1if the law enforcement officer or emergency
services personnel 
2determines that it is necessary for the safety of any person

3present, including the law enforcement officer or emergency 
4services personnel. The licensee or nonresident
shall submit 
5to the order to secure the firearm. When the law enforcement 
6officer or emergency services
personnel have determined that 
7the licensee or non-resident is not a threat to
the safety of 
8any person present, including the law enforcement officer or 
9emergency services personnel, and
if the licensee or 
10non-resident is physically and mentally capable of
possessing 
11the firearm, the law enforcement officer or emergency services 
12personnel shall return the
firearm to the licensee or 
13non-resident before releasing him or her from the
scene and 
14breaking contact. If the licensee or non-resident is 
15transported for
treatment to another location, the firearm 
16shall be turned over to any peace
officer. The peace officer 
17shall provide a receipt which includes the make,
model, 
18caliber, and serial number of the firearm. 
19 (i) The Department shall maintain a database of license 
20applicants and licensees. The database shall be available to 
21all federal, State, and local law enforcement agencies, 
22State's Attorneys, the Attorney General, and authorized court 
23personnel. Within 180 days after the effective date of this 
24Act, the database shall be searchable and provide all 
25information included in the application, including the 
26applicant's previous addresses within the 10 years prior to 
 
 
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1the license application and any information related to 
2violations of this Act. No law enforcement agency, State's 
3Attorney, Attorney General, or member or staff of the 
4judiciary shall provide any information to a requester who is 
5not entitled to it by law.
6 (j) No later than 10 days after receipt of a completed 
7application, the Department shall enter the relevant 
8information about the applicant into the database under 
9subsection (i) of this Section which is accessible by law 
10enforcement agencies.

11(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-29, 
12eff. 7-10-15.)