Illinois General Assembly - Full Text of HB0405
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Full Text of HB0405  100th General Assembly




State of Illinois
2017 and 2018


Introduced , by Rep. David B. Reis


430 ILCS 66/40

    Amends the Firearm Concealed Carry Act. Provides that the Department of State Police shall by rule allow for non-resident license applications from any state or territory of the United States that requires firearm training and a background check of an applicant for a license to carry concealed firearms (currently, the other state or territory must have laws related to firearm ownership, possession, and carrying, that are substantially similar to the requirements to obtain a license under the Act). Effective immediately.

LRB100 04108 RLC 14113 b





HB0405LRB100 04108 RLC 14113 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 Concealed Carry Act is amended by
5changing 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
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 that requires firearm training and a background check of
14an applicant for a license to carry concealed firearms with
15laws related to firearm ownership, possession, and carrying,
16that are substantially similar to the requirements to obtain a
17license under this Act.
18    (c) A resident of a state or territory approved by the
19Department under subsection (b) of this Section may apply for a
20non-resident license. The applicant shall apply to the
21Department and must meet all of the qualifications established
22in Section 25 of this Act, except for the Illinois residency
23requirement in item (xiv) of paragraph (2) of subsection (a) of



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1Section 4 of the Firearm Owners Identification Card Act. The
2applicant shall submit:
3        (1) the application and documentation required under
4    Section 30 of this Act and the applicable fee;
5        (2) a notarized document stating that the applicant:
6            (A) is eligible under federal law and the laws of
7        his or her state or territory of residence to own or
8        possess a firearm;
9            (B) if applicable, has a license or permit to carry
10        a firearm or concealed firearm issued by his or her
11        state or territory of residence and attach a copy of
12        the license or permit to the application;
13            (C) understands Illinois laws pertaining to the
14        possession and transport of firearms; and
15            (D) acknowledges that the applicant is subject to
16        the jurisdiction of the Department and Illinois courts
17        for any violation of this Act;
18        (3) a photocopy of any certificates or other evidence
19    of compliance with the training requirements under Section
20    75 of this Act; and
21        (4) a head and shoulder color photograph in a size
22    specified by the Department taken within the 30 days
23    preceding the date of the application.
24    (d) In lieu of an Illinois driver's license or Illinois
25identification card, a non-resident applicant shall provide
26similar documentation from his or her state or territory of



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1residence. In lieu of a valid Firearm Owner's Identification
2Card, the applicant shall submit documentation and information
3required by the Department to obtain a Firearm Owner's
4Identification Card, including an affidavit that the
5non-resident meets the mental health standards to obtain a
6firearm under Illinois law, and the Department shall ensure
7that the applicant would meet the eligibility criteria to
8obtain a Firearm Owner's Identification card if he or she was a
9resident of this State.
10    (e) Nothing in this Act shall prohibit a non-resident from
11transporting a concealed firearm within his or her vehicle in
12Illinois, if the concealed firearm remains within his or her
13vehicle and the non-resident:
14        (1) is not prohibited from owning or possessing a
15    firearm under federal law;
16        (2) is eligible to carry a firearm in public under the
17    laws of his or her state or territory of residence, as
18    evidenced by the possession of a concealed carry license or
19    permit issued by his or her state of residence, if
20    applicable; and
21        (3) is not in possession of a license under this Act.
22    If the non-resident leaves his or her vehicle unattended,
23he or she shall store the firearm within a locked vehicle or
24locked container within the vehicle in accordance with
25subsection (b) of Section 65 of this Act.
26(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-78,



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1eff. 7-20-15.)
2    Section 99. Effective date. This Act takes effect upon
3becoming law.