Bill Text: IL HB3274 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Firearm Owners Identification Card Act and the Firearm Concealed Carry Act. Eliminates fees under the Acts for applying for and renewing a Firearm Owners Identification Card or a concealed carry license.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-04-05 - Rule 19(a) / Re-referred to Rules Committee [HB3274 Detail]

Download: Illinois-2023-HB3274-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3274 Introduced , by Rep. Dennis Tipsword, Jr. SYNOPSIS AS INTRODUCED:
430 ILCS 65/5 from Ch. 38, par. 83-5
430 ILCS 66/10
430 ILCS 66/30
430 ILCS 66/40
430 ILCS 66/50
430 ILCS 66/55
Amends the Firearm Owners Identification Card Act and the Firearm Concealed Carry Act. Eliminates fees under the Acts for applying for and renewing a Firearm Owners Identification Card or a concealed carry license.
LRB103 27833 RLC 57555 b
A BILL FOR
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AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Firearm Owners Identification Card Act is
amended by changing Section 5 as follows:
(430 ILCS 65/5) (from Ch. 38, par. 83-5)
Sec. 5. Application and renewal.
(a) The Illinois State Police shall either approve or deny
all applications within 30 days from the date they are
received, except as provided in subsections (b) and (c), and
every applicant found qualified under Section 8 of this Act by
the Illinois State Police shall be entitled to a Firearm
Owner's Identification Card without charge upon the payment of
a $10 fee and applicable processing fees. The processing fees
shall be limited to charges by the State Treasurer for using
the electronic online payment system. Any applicant who is an
active duty member of the Armed Forces of the United States, a
member of the Illinois National Guard, or a member of the
Reserve Forces of the United States is exempt from the
application fee. $5 of each fee derived from the issuance of a
Firearm Owner's Identification Card or renewals thereof shall
be deposited in the State Police Firearm Services Fund and $5
into the State Police Revocation Enforcement Fund.

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(b) Renewal applications shall be approved or denied
within 60 business days, provided the applicant submitted his
or her renewal application prior to the expiration of his or
her Firearm Owner's Identification Card. If a renewal
application has been submitted prior to the expiration date of
the applicant's Firearm Owner's Identification Card, the
Firearm Owner's Identification Card shall remain valid while
the Illinois State Police processes the application, unless
the person is subject to or becomes subject to revocation
under this Act. The cost for a renewal application shall be $10
and may include applicable processing fees, which shall be
limited to charges by the State Treasurer for using the
electronic online payment system, which shall be deposited
into the State Police Firearm Services Fund.
(c) If the Firearm Owner's Identification Card of a
licensee under the Firearm Concealed Carry Act expires during
the term of the licensee's concealed carry license, the
Firearm Owner's Identification Card and the license remain
valid and the licensee does not have to renew his or her
Firearm Owner's Identification Card during the duration of the
concealed carry license. Unless the Illinois State Police has
reason to believe the licensee is no longer eligible for the
card, the Illinois State Police may automatically renew the
licensee's Firearm Owner's Identification Card and send a
renewed Firearm Owner's Identification Card to the licensee.
(d) The Illinois State Police may adopt rules concerning

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the use of voluntarily submitted fingerprints, as allowed by
State and federal law.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22.)
Section 10. The Firearm Concealed Carry Act is amended by
changing Sections 10, 30, 40, 50, and 55 as follows:
(430 ILCS 66/10)
Sec. 10. Issuance of licenses to carry a concealed
firearm.
(a) The Illinois State Police shall issue a license to
carry a concealed firearm under this Act without charge to an
applicant who:
(1) meets the qualifications of Section 25 of this
Act;
(2) has provided the application and documentation
required in Section 30 of this Act;
(3) (blank) has submitted the requisite fees; and
(4) does not pose a danger to himself, herself, or
others, or a threat to public safety as determined by the
Concealed Carry Licensing Review Board in accordance with
Section 20.
(b) The Illinois State Police shall issue a renewal,
corrected, or duplicate license as provided in this Act.
(c) A license shall be valid throughout the State for a

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period of 5 years from the date of issuance. A license shall
permit the licensee to:
(1) carry a loaded or unloaded concealed firearm,
fully concealed or partially concealed, on or about his or
her person; and
(2) keep or carry a loaded or unloaded concealed
firearm on or about his or her person within a vehicle.
(d) The Illinois State Police shall make applications for
a license available no later than 180 days after July 9, 2013
(the effective date of this Act). The Illinois State Police
shall establish rules for the availability and submission of
applications in accordance with this Act.
(e) An application for a license submitted to the Illinois
State Police that contains all the information and materials
required by this Act, including the requisite fee, shall be
deemed completed. Except as otherwise provided in this Act, no
later than 90 days after receipt of a completed application,
the Illinois State Police shall issue or deny the applicant a
license. The Illinois State Police shall notify the applicant
for a concealed carry license electronically to confirm if all
the required information and materials have been received. If
an applicant for a concealed carry license submits his or her
application electronically, the Illinois State Police shall
notify the applicant electronically if his or her application
is missing information or materials.
(f) The Illinois State Police shall deny the applicant a

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license if the applicant fails to meet the requirements under
this Act or the Illinois State Police receives a determination
from the Board that the applicant is ineligible for a license.
The Illinois State Police must notify the applicant stating
the grounds for the denial. The notice of denial must inform
the applicant of his or her right to an appeal through
administrative and judicial review.
(g) A licensee shall possess a license at all times the
licensee carries a concealed firearm except:
(1) when the licensee is carrying or possessing a
concealed firearm on his or her land or in his or her
abode, legal dwelling, or fixed place of business, or on
the land or in the legal dwelling of another person as an
invitee with that person's permission;
(2) when the person is authorized to carry a firearm
under Section 24-2 of the Criminal Code of 2012, except
subsection (a-5) of that Section; or
(3) when the handgun is broken down in a
non-functioning state, is not immediately accessible, or
is unloaded and enclosed in a case.
(h) If an officer of a law enforcement agency initiates an
investigative stop, including, but not limited to, a traffic
stop, of a licensee or a non-resident carrying a concealed
firearm under subsection (e) of Section 40 of this Act, upon
the request of the officer the licensee or non-resident shall
disclose to the officer that he or she is in possession of a

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concealed firearm under this Act, or present the license upon
the request of the officer if he or she is a licensee or
present upon the request of the officer evidence under
paragraph (2) of subsection (e) of Section 40 of this Act that
he or she is a non-resident qualified to carry under that
subsection. The disclosure requirement under this subsection
(h) is satisfied if the licensee presents his or her license to
the officer or the non-resident presents to the officer
evidence under paragraph (2) of subsection (e) of Section 40
of this Act that he or she is qualified to carry under that
subsection. Upon the request of the officer, the licensee or
non-resident shall also identify the location of the concealed
firearm and permit the officer to safely secure the firearm
for the duration of the investigative stop. During a traffic
stop, any passenger within the vehicle who is a licensee or a
non-resident carrying under subsection (e) of Section 40 of
this Act must comply with the requirements of this subsection
(h).
(h-1) If a licensee carrying a firearm or a non-resident
carrying a firearm in a vehicle under subsection (e) of
Section 40 of this Act is contacted by a law enforcement
officer or emergency services personnel, the law enforcement
officer or emergency services personnel may secure the firearm
or direct that it be secured during the duration of the contact
if the law enforcement officer or emergency services personnel
determines that it is necessary for the safety of any person

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present, including the law enforcement officer or emergency
services personnel. The licensee or nonresident shall submit
to the order to secure the firearm. When the law enforcement
officer or emergency services personnel have determined that
the licensee or non-resident is not a threat to the safety of
any person present, including the law enforcement officer or
emergency services personnel, and if the licensee or
non-resident is physically and mentally capable of possessing
the firearm, the law enforcement officer or emergency services
personnel shall return the firearm to the licensee or
non-resident before releasing him or her from the scene and
breaking contact. If the licensee or non-resident is
transported for treatment to another location, the firearm
shall be turned over to any peace officer. The peace officer
shall provide a receipt which includes the make, model,
caliber, and serial number of the firearm.
(i) The Illinois State Police shall maintain a database of
license applicants and licensees. The database shall be
available to all federal, State, and local law enforcement
agencies, State's Attorneys, the Attorney General, and
authorized court personnel. Within 180 days after July 9, 2013
(the effective date of this Act), the database shall be
searchable and provide all information included in the
application, including the applicant's previous addresses
within the 10 years prior to the license application and any
information related to violations of this Act. No law

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enforcement agency, State's Attorney, Attorney General, or
member or staff of the judiciary shall provide any information
to a requester who is not entitled to it by law.
(j) No later than 10 days after receipt of a completed
application, the Illinois State Police shall enter the
relevant information about the applicant into the database
under subsection (i) of this Section which is accessible by
law enforcement agencies.
(k) The Illinois State Police shall continuously monitor
relevant State and federal databases for firearms prohibitors
and correlate those records with concealed carry license
holders to ensure compliance with this Act, or State and
federal law. The Illinois State Police may adopt rules to
implement this subsection.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22.)
(430 ILCS 66/30)
Sec. 30. Contents of license application.
(a) The license application shall be in writing, under
penalty of perjury, on a standard form adopted by the Illinois
State Police and shall be accompanied by the documentation
required in this Section and the applicable fee. Each
application form shall include the following statement printed
in bold type: "Warning: Entering false information on this
form is punishable as perjury under Section 32-2 of the

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Criminal Code of 2012."
(b) The application shall contain the following:
(1) the applicant's name, current address, date and
year of birth, place of birth, height, weight, hair color,
eye color, maiden name or any other name the applicant has
used or identified with, and any address where the
applicant resided for more than 30 days within the 10
years preceding the date of the license application;
(2) the applicant's valid driver's license number or
valid state identification card number;
(3) a waiver of the applicant's privacy and
confidentiality rights and privileges under all federal
and state laws, including those limiting access to
juvenile court, criminal justice, psychological, or
psychiatric records or records relating to any
institutionalization of the applicant, and an affirmative
request that a person having custody of any of these
records provide it or information concerning it to the
Illinois State Police. The waiver only applies to records
sought in connection with determining whether the
applicant qualifies for a license to carry a concealed
firearm under this Act, or whether the applicant remains
in compliance with the Firearm Owners Identification Card
Act;
(4) an affirmation that the applicant possesses a
currently valid Firearm Owner's Identification Card and

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card number if possessed or notice the applicant is
applying for a Firearm Owner's Identification Card in
conjunction with the license application;
(5) an affirmation that the applicant has not been
convicted or found guilty of:
(A) a felony;
(B) a misdemeanor involving the use or threat of
physical force or violence to any person within the 5
years preceding the date of the application; or
(C) 2 or more violations related to driving while
under the influence of alcohol, other drug or drugs,
intoxicating compound or compounds, or any combination
thereof, within the 5 years preceding the date of the
license application;
(6) whether the applicant has failed a drug test for a
drug for which the applicant did not have a prescription,
within the previous year, and if so, the provider of the
test, the specific substance involved, and the date of the
test;
(7) written consent for the Illinois State Police to
review and use the applicant's Illinois digital driver's
license or Illinois identification card photograph and
signature;
(8) unless submitted under subsection (a-25) of
Section 4 of the Firearm Owners Identification Card Act, a
full set of fingerprints submitted to the Illinois State

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Police in electronic format, provided the Illinois State
Police may accept an application submitted without a set
of fingerprints, in which case the Illinois State Police
shall be granted 30 days in addition to the 90 days
provided under subsection (e) of Section 10 of this Act to
issue or deny a license;
(9) a head and shoulder color photograph in a size
specified by the Illinois State Police taken within the 30
days preceding the date of the license application; and
(10) a photocopy of any certificates or other evidence
of compliance with the training requirements under this
Act.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22.)
(430 ILCS 66/40)
Sec. 40. Non-resident license applications.
(a) For the purposes of this Section, "non-resident" means
a person who has not resided within this State for more than 30
days and resides in another state or territory.
(b) The Illinois State Police shall by rule allow for
non-resident license applications from any 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 this Act.
(c) A resident of a state or territory approved by the

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Illinois State Police under subsection (b) of this Section may
apply for a non-resident license. The applicant shall apply to
the Illinois State Police and must meet all of the
qualifications established in Section 25 of this Act, except
for the Illinois residency requirement in item (xiv) of
paragraph (2) of subsection (a) of Section 4 of the Firearm
Owners Identification Card Act. The applicant shall submit:
(1) the application and documentation required under
Section 30 of this Act and the applicable fee;
(2) a notarized document stating that the applicant:
(A) is eligible under federal law and the laws of
his or her state or territory of residence to own or
possess a firearm;
(B) if applicable, has a license or permit to
carry a firearm or concealed firearm issued by his or
her state or territory of residence and attach a copy
of the license or permit to the application;
(C) understands Illinois laws pertaining to the
possession and transport of firearms; and
(D) acknowledges that the applicant is subject to
the jurisdiction of the Illinois State Police and
Illinois courts for any violation of this Act;
(3) a photocopy of any certificates or other evidence
of compliance with the training requirements under Section
75 of this Act; and
(4) a head and shoulder color photograph in a size

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specified by the Illinois State Police taken within the 30
days preceding the date of the application.
(d) In lieu of an Illinois driver's license or Illinois
identification card, a non-resident applicant shall provide
similar documentation from his or her state or territory of
residence. In lieu of a valid Firearm Owner's Identification
Card, the applicant shall submit documentation and information
required by the Illinois State Police to obtain a Firearm
Owner's Identification Card, including an affidavit that the
non-resident meets the mental health standards to obtain a
firearm under Illinois law, and the Illinois State Police
shall ensure that the applicant would meet the eligibility
criteria to obtain a Firearm Owner's Identification card if he
or she was a resident of this State.
(e) Nothing in this Act shall prohibit a non-resident from
transporting a concealed firearm within his or her vehicle in
Illinois, if the concealed firearm remains within his or her
vehicle and the non-resident:
(1) is not prohibited from owning or possessing a
firearm under federal law;
(2) 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 of residence, if
applicable; and
(3) is not in possession of a license under this Act.

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If the non-resident leaves his or her vehicle unattended,
he or she shall store the firearm within a locked vehicle or
locked container within the vehicle in accordance with
subsection (b) of Section 65 of this Act.
(Source: P.A. 102-538, eff. 8-20-21.)
(430 ILCS 66/50)
Sec. 50. License renewal.
(a) This subsection (a) applies through the 180th day
following July 12, 2019 (the effective date of Public Act
101-80). The Illinois State Police shall, 180 days prior to
the expiration of a concealed carry license, notify each
person whose license is to expire a notification of the
expiration of the license and instructions for renewal.
Applications for renewal of a license shall be made to the
Illinois State Police. A license shall be renewed for a period
of 5 years upon receipt of a completed renewal application,
completion of 3 hours of training required under Section 75 of
this Act, payment of the applicable renewal fee, and
completion of an investigation under Section 35 of this Act.
The renewal application shall contain the information required
in Section 30 of this Act, except that the applicant need not
resubmit a full set of fingerprints.
(b) This subsection (b) applies on and after the 181st day
following July 12, 2019 (the effective date of Public Act
101-80). Applications for renewal of a license shall be made

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to the Illinois State Police. A license shall be renewed for a
period of 5 years from the date of expiration on the
applicant's current license upon the receipt of a completed
renewal application, completion of 3 hours of training
required under Section 75 of this Act, payment of the
applicable renewal fee, and completion of an investigation
under Section 35 of this Act. The renewal application shall
contain the information required in Section 30 of this Act,
except that the applicant need not resubmit a full set of
fingerprints.
(Source: P.A. 101-80, eff. 7-12-19; 102-237, eff. 1-1-22;
102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
(430 ILCS 66/55)
Sec. 55. Change of address or name; lost, destroyed, or
stolen licenses.
(a) A licensee shall notify the Illinois State Police
within 30 days of moving or changing residence or any change of
name. The licensee shall submit the requisite fee and the
Illinois State Police may require a notarized statement that
the licensee has changed his or her residence or his or her
name, including the prior and current address or name and the
date the applicant moved or changed his or her name.
(b) A licensee shall notify the Illinois State Police
within 10 days of discovering that a license has been lost,
destroyed, or stolen. A lost, destroyed, or stolen license is

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invalid. To request a replacement license, the licensee shall
submit:
(1) a written or electronic acknowledgment that the
licensee no longer possesses the license, and that it was
lost, destroyed, or stolen;
(2) if applicable, a copy of a police report stating
that the license was stolen; and
(3) (blank). the requisite fee.
(c) A violation of this Section is a petty offense with a
fine of $150 which shall be deposited into the Mental Health
Reporting Fund.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22.)