Bill Text: IL HB3398 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Firearm Concealed Carry Act. Provides that if an Illinois resident would like to maintain a concealed carry license upon becoming a non-resident, the licensee shall apply for an Illinois concealed carry nonresident license. Provides that the non-resident licensee shall renew when the time remaining on the original resident license held expires. Provides that of the remaining $150 fee required for that non-resident license, $120 shall be apportioned to the State Police Firearm Services Fund, $20 shall be apportioned to the Mental Health Reporting Fund, and $10 shall be apportioned to the State Crime Laboratory Fund.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB3398 Detail]

Download: Illinois-2017-HB3398-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3398

Introduced , by Rep. Joe Sosnowski

SYNOPSIS AS INTRODUCED:
430 ILCS 66/40
430 ILCS 66/60

Amends the Firearm Concealed Carry Act. Provides that if an Illinois resident would like to maintain a concealed carry license upon becoming a non-resident, the licensee shall apply for an Illinois concealed carry nonresident license. Provides that the non-resident licensee shall renew when the time remaining on the original resident license held expires. Provides that of the remaining $150 fee required for that non-resident license, $120 shall be apportioned to the State Police Firearm Services Fund, $20 shall be apportioned to the Mental Health Reporting Fund, and $10 shall be apportioned to the State Crime Laboratory Fund.
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FISCAL NOTE ACT MAY APPLY

A BILL FOR

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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 Concealed Carry Act is amended by
5changing Sections 40 and 60 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
9a person who has not resided within this State for more than 30
10days and resides in another state or territory.
11 (b) The Department shall by rule allow for non-resident
12license applications from any state or territory of the United
13States with laws related to firearm ownership, possession, and
14carrying, that are substantially similar to the requirements to
15obtain a license under this Act.
16 (c) A resident of a state or territory approved by the
17Department under subsection (b) of this Section may apply for a
18non-resident license. The applicant shall apply to the
19Department and must meet all of the qualifications established
20in Section 25 of this Act, except for the Illinois residency
21requirement in item (xiv) of paragraph (2) of subsection (a) of
22Section 4 of the Firearm Owners Identification Card Act. The
23applicant 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;
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
23identification card, a non-resident applicant shall provide
24similar documentation from his or her state or territory of
25residence. In lieu of a valid Firearm Owner's Identification
26Card, the applicant shall submit documentation and information

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1required by the Department to obtain a Firearm Owner's
2Identification Card, including an affidavit that the
3non-resident meets the mental health standards to obtain a
4firearm under Illinois law, and the Department shall ensure
5that the applicant would meet the eligibility criteria to
6obtain a Firearm Owner's Identification card if he or she was a
7resident of this State.
8 (e) Nothing in this Act shall prohibit a non-resident from
9transporting a concealed firearm within his or her vehicle in
10Illinois, if the concealed firearm remains within his or her
11vehicle 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
16 evidenced by the possession of a concealed carry license or
17 permit issued by his or her state of residence, if
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,
21he or she shall store the firearm within a locked vehicle or
22locked container within the vehicle in accordance with
23subsection (b) of Section 65 of this Act.
24 (f) If an Illinois resident would like to maintain a
25concealed carry license upon becoming a non-resident, the
26licensee shall apply for an Illinois concealed carry

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1non-resident license. The non-resident licensee shall renew
2when the time remaining on the original resident license held
3expires.
4(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-78,
5eff. 7-20-15.)
6 (430 ILCS 66/60)
7 Sec. 60. Fees.
8 (a) All fees collected under this Act shall be deposited as
9provided in this Section. Application, renewal, and
10replacement fees shall be non-refundable.
11 (b) An applicant for a new license or a renewal shall
12submit $150 with the application, of which $120 shall be
13apportioned to the State Police Firearm Services Fund, $20
14shall be apportioned to the Mental Health Reporting Fund, and
15$10 shall be apportioned to the State Crime Laboratory Fund.
16 (c) A non-resident applicant for a new license or renewal
17shall submit $300 with the application, of which $250 shall be
18apportioned to the State Police Firearm Services Fund, $40
19shall be apportioned to the Mental Health Reporting Fund, and
20$10 shall be apportioned to the State Crime Laboratory Fund
21except as provided in subsection (c-5) of this Section.
22 (c-5) If a non-resident applicant has previously held an
23Illinois concealed carry license and moves out of state before
24its expiration, the fee previously paid for the license shall
25be credited against the non-resident application fee. Of the

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1remaining $150 fee required for that non-resident license, $120
2shall be apportioned to the State Police Firearm Services Fund,
3$20 shall be apportioned to the Mental Health Reporting Fund,
4and $10 shall be apportioned to the State Crime Laboratory
5Fund.
6 (d) A licensee requesting a new license in accordance with
7Section 55 shall submit $75, of which $60 shall be apportioned
8to the State Police Firearm Services Fund, $5 shall be
9apportioned to the Mental Health Reporting Fund, and $10 shall
10be apportioned to the State Crime Laboratory Fund.
11(Source: P.A. 98-63, eff. 7-9-13.)
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