SB0553sam001 99TH GENERAL ASSEMBLY

Sen. Gary Forby

Filed: 5/12/2016

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 553

2    AMENDMENT NO. ______. Amend Senate Bill 553 by replacing
3everything after the enacting clause with the following:
 
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. Notwithstanding whether the
16laws of the state or territory where the non-resident resides

 

 

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1related to firearm ownership, possession, and carrying, are
2substantially similar to the requirements to obtain a license
3under this Act, the Department shall by rule allow for a
4non-resident license application if the applicant is an active
5duty member of the Armed Forces of the United States stationed
6in this State.
7    (c) A resident of a state or territory approved by the
8Department under subsection (b) of this Section may apply for a
9non-resident license. The applicant shall apply to the
10Department and must meet all of the qualifications established
11in Section 25 of this Act, except for the Illinois residency
12requirement in item (xiv) of paragraph (2) of subsection (a) of
13Section 4 of the Firearm Owners Identification Card Act. The
14applicant shall submit:
15        (1) the application and documentation required under
16    Section 30 of this Act and the applicable fee;
17        (2) a notarized document stating that the applicant:
18            (A) is eligible under federal law and the laws of
19        his or her state or territory of residence to own or
20        possess a firearm;
21            (B) if applicable, has a license or permit to carry
22        a firearm or concealed firearm issued by his or her
23        state or territory of residence and attach a copy of
24        the license or permit to the application;
25            (C) understands Illinois laws pertaining to the
26        possession and transport of firearms; and

 

 

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1            (D) acknowledges that the applicant is subject to
2        the jurisdiction of the Department and Illinois courts
3        for any violation of this Act;
4        (3) a photocopy of any certificates or other evidence
5    of compliance with the training requirements under Section
6    75 of this Act; and
7        (4) a head and shoulder color photograph in a size
8    specified by the Department taken within the 30 days
9    preceding the date of the application.
10    (d) In lieu of an Illinois driver's license or Illinois
11identification card, a non-resident applicant shall provide
12similar documentation from his or her state or territory of
13residence. In lieu of a valid Firearm Owner's Identification
14Card, the applicant shall submit documentation and information
15required by the Department to obtain a Firearm Owner's
16Identification Card, including an affidavit that the
17non-resident meets the mental health standards to obtain a
18firearm under Illinois law, and the Department shall ensure
19that the applicant would meet the eligibility criteria to
20obtain a Firearm Owner's Identification card if he or she was a
21resident of this State.
22    (e) Nothing in this Act shall prohibit a non-resident from
23transporting a concealed firearm within his or her vehicle in
24Illinois, if the concealed firearm remains within his or her
25vehicle and the non-resident:
26        (1) is not prohibited from owning or possessing a

 

 

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1    firearm under federal law;
2        (2) is eligible to carry a firearm in public under the
3    laws of his or her state or territory of residence, as
4    evidenced by the possession of a concealed carry license or
5    permit issued by his or her state of residence, if
6    applicable; and
7        (3) is not in possession of a license under this Act.
8    If the non-resident leaves his or her vehicle unattended,
9he or she shall store the firearm within a locked vehicle or
10locked container within the vehicle in accordance with
11subsection (b) of Section 65 of this Act.
12(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-78,
13eff. 7-20-15.)
 
14    (430 ILCS 66/60)
15    Sec. 60. Fees.
16    (a) All fees collected under this Act shall be deposited as
17provided in this Section. Application, renewal, and
18replacement fees shall be non-refundable.
19    (b) An applicant for a new license or a renewal shall
20submit $150 with the application, of which $120 shall be
21apportioned to the State Police Firearm Services Fund, $20
22shall be apportioned to the Mental Health Reporting Fund, and
23$10 shall be apportioned to the State Crime Laboratory Fund.
24    (c) A non-resident applicant for a new license or renewal
25shall submit $300 with the application, of which $250 shall be

 

 

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1apportioned to the State Police Firearm Services Fund, $40
2shall be apportioned to the Mental Health Reporting Fund, and
3$10 shall be apportioned to the State Crime Laboratory Fund.
4    (d) A licensee requesting a new license in accordance with
5Section 55 shall submit $75, of which $60 shall be apportioned
6to the State Police Firearm Services Fund, $5 shall be
7apportioned to the Mental Health Reporting Fund, and $10 shall
8be apportioned to the State Crime Laboratory Fund.
9    (e) An applicant for a new license or a renewal who is a
10non-resident active duty member of the Armed Forces of the
11United States stationed in this State shall submit $150 with
12the application, of which $120 shall be apportioned to the
13State Police Firearm Services Fund, $20 shall be apportioned to
14the Mental Health Reporting Fund, and $10 shall be apportioned
15to the State Crime Laboratory Fund.
16(Source: P.A. 98-63, eff. 7-9-13.)
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.".