Bill Text: IL HB3458 | 2015-2016 | 99th General Assembly | Introduced
Bill Title: Amends the Firearm Concealed Carry Act. Provides that a non-resident who is eligible to carry a firearm in public under the laws of his or her state or territory of residence, as evidenced by the possession of a concealed carry license or permit issued by his or her state or territory of residence, if applicable, and who is an active duty member of the U.S. Armed Forces as evidenced by the possession of valid military identification, shall be permitted to carry a loaded or unloaded concealed firearm, fully concealed or partially concealed, on or about his or her person, and to keep or carry a loaded or unloaded concealed firearm on or about his or her person within a vehicle, in the same manner, and subject to the same restrictions, as a licensee under the Act.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2015-07-28 - Added Chief Co-Sponsor Rep. Keith R. Wheeler [HB3458 Detail]
Download: Illinois-2015-HB3458-Introduced.html
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1 | AN ACT concerning safety.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Firearm Concealed Carry Act is amended by | |||||||||||||||||||
5 | changing Section 40 as follows:
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6 | (430 ILCS 66/40)
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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 | |||||||||||||||||||
17 | Department under subsection (b) of this Section may apply for a | |||||||||||||||||||
18 | non-resident license. The applicant shall apply to the | |||||||||||||||||||
19 | Department and must meet all of the qualifications established | |||||||||||||||||||
20 | in Section 25 of this Act, except for the Illinois residency | |||||||||||||||||||
21 | requirement in item (xiv) of paragraph (2) of subsection (a) of | |||||||||||||||||||
22 | Section 4 of the Firearm Owners Identification Card Act. The | |||||||||||||||||||
23 | applicant shall submit: |
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1 | (1) the application and documentation required under | ||||||
2 | Section 30 of this Act and the applicable fee; | ||||||
3 | (2) a notarized document stating that the applicant: | ||||||
4 | (A) is eligible under federal law and the laws of | ||||||
5 | his or her state or territory of residence to own or | ||||||
6 | possess a firearm; | ||||||
7 | (B) if applicable, has a license or permit to carry | ||||||
8 | a firearm or concealed firearm issued by his or her | ||||||
9 | state or territory of residence and attach a copy of | ||||||
10 | the license or permit to the application; | ||||||
11 | (C) understands Illinois laws pertaining to the | ||||||
12 | possession and transport of firearms ; , and | ||||||
13 | (D) acknowledges that the applicant is subject to | ||||||
14 | the jurisdiction of the Department and Illinois courts | ||||||
15 | for any violation of this Act; and | ||||||
16 | (3) a photocopy of any certificates or other evidence | ||||||
17 | of compliance with the training requirements under Section | ||||||
18 | 75 of this Act; and | ||||||
19 | (4) a head and shoulder color photograph in a size | ||||||
20 | specified by the Department taken within the 30 days | ||||||
21 | preceding the date of the application. | ||||||
22 | (d) In lieu of an Illinois driver's license or Illinois | ||||||
23 | identification card, a non-resident applicant shall provide | ||||||
24 | similar documentation from his or her state or territory of | ||||||
25 | residence. In lieu of a valid Firearm Owner's Identification | ||||||
26 | Card, the applicant shall submit documentation and information |
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1 | required by the Department to obtain a Firearm Owner's | ||||||
2 | Identification Card, including an affidavit that the | ||||||
3 | non-resident meets the mental health standards to obtain a | ||||||
4 | firearm under Illinois law, and the Department shall ensure | ||||||
5 | that the applicant would meet the eligibility criteria to | ||||||
6 | obtain a Firearm Owner's Identification card if he or she was a | ||||||
7 | resident of this State. | ||||||
8 | (e) Nothing in this Act shall prohibit a non-resident from | ||||||
9 | transporting a concealed firearm within his or her vehicle in | ||||||
10 | Illinois, if the concealed firearm remains within his or her | ||||||
11 | vehicle and the non-resident: | ||||||
12 | (1) is not prohibited from owning or possessing a | ||||||
13 | firearm under federal law; | ||||||
14 | (2) is eligible to carry a firearm in public under the | ||||||
15 | laws of his or her state or territory of residence, as
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16 | evidenced by the possession of a concealed carry license or | ||||||
17 | permit issued by his or her state of residence, if
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18 | applicable; and | ||||||
19 | (3) is not in possession of a license under this Act. | ||||||
20 | If the non-resident leaves his or her vehicle unattended, | ||||||
21 | he or she shall store the firearm within a locked vehicle or | ||||||
22 | locked container within the vehicle in accordance with | ||||||
23 | subsection (b) of Section 65 of this Act.
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24 | (f) A non-resident who is eligible to carry a firearm in | ||||||
25 | public under the laws of his or her state or
territory of | ||||||
26 | residence, as evidenced by the possession of a concealed carry |
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1 | license or permit issued by
his or her state or
territory of | ||||||
2 | residence, if applicable, and who is an active duty member of | ||||||
3 | the U.S. Armed Forces
as evidenced by the possession of valid | ||||||
4 | military identification, shall be permitted to carry a loaded | ||||||
5 | or
unloaded concealed firearm, fully concealed or partially | ||||||
6 | concealed, on or about his or her person, and to
keep or carry | ||||||
7 | a loaded or unloaded concealed firearm on or about his or her | ||||||
8 | person within a vehicle, in
the same manner, and subject to the | ||||||
9 | same restrictions, as a licensee under this Act. | ||||||
10 | (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; revised | ||||||
11 | 12-10-14.)
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