SB0553sam002 99TH GENERAL ASSEMBLY

Sen. Gary Forby

Filed: 5/20/2016

09900SB0553sam002 LRB099 03304 RLC 48950 a

AMENDMENT TO SENATE BILL 553

AMENDMENT NO. ______. Amend Senate Bill 553 by replacing everything after the enacting clause with the following:

"Section 5. The Firearm Concealed Carry Act is amended by changing Sections 40 and 60 as follows:

(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 Department 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 Department under subsection (b) of this Section may apply for a non-resident license. The applicant shall apply to the Department 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 Department 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 specified by the Department 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 Department 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 Department 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.

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.

(f) Notwithstanding whether the laws of the state or territory where the non-resident resides related to firearm ownership, possession, and carrying, are substantially similar to the requirements to obtain a license under this Act, the Department shall, no later than 120 days after the effective date of this amendatory Act of the 99th General Assembly, allow for a non-resident license application if the applicant is an active duty member of the Armed Forces of the United States who is stationed in this State and lives in this State. A non-resident active duty member of the Armed Forces of the United States who is stationed in this State and lives in this State shall apply to the Department and must meet all of the qualifications established in Section 25 of this Act and shall submit:

(1) the application and documentation required under subsection (b) of Section 30 of this Act and the applicable fee;

(2) a photocopy of a valid military identification card or Official Proof of Service Letter; and

(3) a photocopy of permanent change-of-station orders to an assignment in this State.

In lieu of an Illinois driver's license or Illinois identification card, a non-resident applicant under this subsection (f) shall provide similar documentation from his or her state or territory of residence. A non-resident licensee approved under this subsection (f) shall notify the Department 30 days following a permanent change of station move to an assignment outside of this State and shall surrender his or her license to the Department. A license issued under this subsection (f) shall expire on the earlier date of: (i) 5 years from the date of issuance; or (ii) the date the licensee's assignment in this State terminates. The Department may adopt rules necessary to implement the provisions of this amendatory Act of the 99th General Assembly through the use of emergency rulemaking in accordance with Section 5-45 of the Illinois Administrative Procedure Act for a period not to exceed 180 days after the effective date of this amendatory Act of the 99th General Assembly.

(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-78, eff. 7-20-15.)

(430 ILCS 66/60)

Sec. 60. Fees.

(a) All fees collected under this Act shall be deposited as provided in this Section. Application, renewal, and replacement fees shall be non-refundable.

(b) An applicant for a new license or a renewal shall submit $150 with the application, of which $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.

(c) A non-resident applicant for a new license or renewal shall submit $300 with the application, of which $250 shall be apportioned to the State Police Firearm Services Fund, $40 shall be apportioned to the Mental Health Reporting Fund, and $10 shall be apportioned to the State Crime Laboratory Fund.

(d) A licensee requesting a new license in accordance with Section 55 shall submit $75, of which $60 shall be apportioned to the State Police Firearm Services Fund, $5 shall be apportioned to the Mental Health Reporting Fund, and $10 shall be apportioned to the State Crime Laboratory Fund.

(e) An applicant for a new license or a renewal who is a non-resident active duty member of the Armed Forces of the United States stationed in this State shall submit $150 with the application, of which $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.

(Source: P.A. 98-63, eff. 7-9-13.)

Section 10. The Wildlife Code is amended by adding Section 3.4b as follows:

(520 ILCS 5/3.4b new)

Sec. 3.4b. Exemption. Persons licensed to possess a concealed firearm under the Firearm Concealed Carry Act and current or retired police officers authorized by law to possess a concealed firearm shall be exempt from provisions of this Code prohibiting possession of those firearms. However, nothing in this Section authorizes the use of those firearms except as authorized in the Firearm Concealed Carry Act, this Code, or other law.

Section 99. Effective date. This Act takes effect upon becoming law.".