Full Text of HB3274 103rd General Assembly
HB3274 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB3274 Introduced 2/17/2023, 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 | |
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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.
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| | A BILL FOR |
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| 1 | | AN ACT concerning safety.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Firearm Owners Identification Card Act is | 5 | | amended by changing Section 5 as follows:
| 6 | | (430 ILCS 65/5) (from Ch. 38, par. 83-5)
| 7 | | Sec. 5. Application and renewal. | 8 | | (a) The Illinois State Police shall either approve or
deny | 9 | | all applications within 30 days from the date they are | 10 | | received,
except as provided in subsections (b) and (c), and | 11 | | every applicant found qualified under Section 8 of this Act by
| 12 | | the Illinois State Police shall be entitled to a Firearm | 13 | | Owner's Identification
Card without charge upon the payment of | 14 | | a $10 fee and applicable processing fees . The processing fees | 15 | | shall be limited to charges by the State Treasurer for using | 16 | | the electronic online payment system. Any applicant who is an | 17 | | active duty member of the Armed Forces of the United States, a | 18 | | member of the Illinois National Guard, or a member of the | 19 | | Reserve Forces of the United States is exempt from the | 20 | | application fee. $5 of each fee derived from the issuance of a | 21 | | Firearm Owner's Identification Card or renewals thereof shall | 22 | | be deposited in the State Police Firearm Services Fund and $5 | 23 | | into the State Police Revocation Enforcement Fund. |
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| 1 | | (b) Renewal applications shall be approved or denied | 2 | | within 60 business days, provided the applicant submitted his | 3 | | or her renewal application prior to the expiration of his or | 4 | | her Firearm Owner's Identification Card. If a renewal | 5 | | application has been submitted prior to the expiration date of | 6 | | the applicant's Firearm Owner's Identification Card, the | 7 | | Firearm Owner's Identification Card shall remain valid while | 8 | | the Illinois State Police processes the application, unless | 9 | | the person is subject to or becomes subject to revocation | 10 | | under this Act. The cost for a renewal application shall be $10 | 11 | | and may include applicable processing fees, which shall be | 12 | | limited to charges by the State Treasurer for using the | 13 | | electronic online payment system, which shall be deposited | 14 | | into the State Police Firearm Services Fund. | 15 | | (c) If the Firearm Owner's Identification Card of a | 16 | | licensee under the Firearm Concealed Carry Act expires during | 17 | | the term of the licensee's concealed carry license, the | 18 | | Firearm Owner's Identification Card and the license remain | 19 | | valid and the licensee does not have to renew his or her | 20 | | Firearm Owner's Identification Card during the duration of the | 21 | | concealed carry license. Unless the Illinois State Police has | 22 | | reason to believe the licensee is no longer eligible for the | 23 | | card, the Illinois State Police may automatically renew the | 24 | | licensee's Firearm Owner's Identification Card and send a | 25 | | renewed Firearm Owner's Identification Card to the licensee. | 26 | | (d) The Illinois State Police may adopt rules concerning |
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| 1 | | the use of voluntarily submitted fingerprints, as allowed by | 2 | | State and federal law.
| 3 | | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | 4 | | 102-813, eff. 5-13-22.)
| 5 | | Section 10. The Firearm Concealed Carry Act is amended by | 6 | | changing Sections 10, 30, 40, 50, and 55 as follows: | 7 | | (430 ILCS 66/10)
| 8 | | Sec. 10. Issuance of licenses to carry a concealed | 9 | | firearm. | 10 | | (a) The Illinois State Police shall issue a license to | 11 | | carry a concealed firearm under this Act without charge to an | 12 | | applicant who: | 13 | | (1) meets the qualifications of Section 25 of this | 14 | | Act; | 15 | | (2) has provided the application and documentation | 16 | | required in Section 30 of this Act; | 17 | | (3) (blank) has submitted the requisite fees ; and | 18 | | (4) does not pose a danger to himself, herself, or | 19 | | others, or a threat to public safety as determined by the | 20 | | Concealed Carry Licensing Review Board in accordance with | 21 | | Section 20. | 22 | | (b) The Illinois State Police shall issue a renewal, | 23 | | corrected, or duplicate license as provided in this Act. | 24 | | (c) A license shall be valid throughout the State for a |
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| 1 | | period of 5 years from the date of issuance. A license shall | 2 | | permit the licensee to: | 3 | | (1) carry a loaded or unloaded concealed firearm, | 4 | | fully concealed or partially concealed, on or about his or | 5 | | her person; and
| 6 | | (2) keep or carry a loaded or unloaded concealed | 7 | | firearm on or about his or her person within a vehicle. | 8 | | (d) The Illinois State Police shall make applications for | 9 | | a license available no later than 180 days after July 9, 2013 | 10 | | (the effective date of this Act). The Illinois State Police | 11 | | shall establish rules for the availability and submission of | 12 | | applications in accordance with this Act. | 13 | | (e) An application for a license submitted to the Illinois | 14 | | State Police that contains all the information and materials | 15 | | required by this Act , including the requisite fee, shall be | 16 | | deemed completed. Except as otherwise provided in this Act, no | 17 | | later than 90 days after receipt of a completed application, | 18 | | the Illinois State Police shall issue or deny the applicant a | 19 | | license. The Illinois State Police shall notify the applicant | 20 | | for a concealed carry license electronically to confirm if all | 21 | | the required information and materials have been received. If | 22 | | an applicant for a concealed carry license submits his or her | 23 | | application electronically, the Illinois State Police shall | 24 | | notify the applicant electronically if his or her application | 25 | | is missing information or materials. | 26 | | (f) The Illinois State Police shall deny the applicant a |
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| 1 | | license if the applicant fails to meet the requirements under | 2 | | this Act or the Illinois State Police receives a determination | 3 | | from the Board that the applicant is ineligible for a license. | 4 | | The Illinois State Police must notify the applicant stating | 5 | | the grounds for the denial. The notice of denial must inform | 6 | | the applicant of his or her right to an appeal through | 7 | | administrative and judicial review. | 8 | | (g) A licensee shall possess a license at all times the | 9 | | licensee carries a concealed firearm except: | 10 | | (1) when the licensee is carrying or possessing a | 11 | | concealed firearm on his or her land or in his or her | 12 | | abode, legal dwelling, or fixed place of business, or on | 13 | | the land or in the legal dwelling of another person as an | 14 | | invitee with that person's permission; | 15 | | (2) when the person is authorized to carry a firearm | 16 | | under Section 24-2 of the Criminal Code of 2012, except | 17 | | subsection (a-5) of that Section; or | 18 | | (3) when the handgun is broken down in a | 19 | | non-functioning state, is not immediately accessible, or | 20 | | is unloaded and enclosed in a case. | 21 | | (h) If an officer of a law enforcement agency initiates an | 22 | | investigative stop, including, but not limited to, a traffic | 23 | | stop, of a licensee or a non-resident carrying a concealed | 24 | | firearm under subsection (e) of
Section 40 of this Act, upon | 25 | | the request of the officer the licensee or non-resident shall | 26 | | disclose to the officer that he or she is in possession of a |
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| 1 | | concealed firearm under this Act, or present the license upon | 2 | | the request of the officer if he or she is a licensee or | 3 | | present upon the request of the officer evidence
under | 4 | | paragraph (2) of subsection (e) of Section 40 of this Act that | 5 | | he or she is a non-resident qualified to carry
under that | 6 | | subsection. The disclosure requirement under this subsection | 7 | | (h) is satisfied if the licensee presents his or her license to | 8 | | the officer or the non-resident presents to the officer | 9 | | evidence under paragraph (2) of subsection (e) of Section 40 | 10 | | of this Act that he or she is qualified to carry under that | 11 | | subsection. Upon the request of the officer, the licensee or | 12 | | non-resident shall also identify the location of the concealed | 13 | | firearm and permit the officer to safely secure the firearm | 14 | | for the duration of the investigative stop. During a traffic | 15 | | stop, any
passenger within the vehicle who is a licensee or a | 16 | | non-resident carrying under subsection (e) of
Section 40 of | 17 | | this Act must comply with the requirements of this subsection | 18 | | (h). | 19 | | (h-1) If a licensee carrying a firearm or a non-resident | 20 | | carrying a firearm in a vehicle under subsection (e) of | 21 | | Section 40 of this Act is contacted by a law enforcement | 22 | | officer or emergency
services personnel, the law enforcement | 23 | | officer or emergency services personnel may secure the firearm
| 24 | | or direct that it be secured during the duration of the contact | 25 | | if the law enforcement officer or emergency
services personnel | 26 | | determines that it is necessary for the safety of any person
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| 1 | | present, including the law enforcement officer or emergency | 2 | | services personnel. The licensee or nonresident
shall submit | 3 | | to the order to secure the firearm. When the law enforcement | 4 | | officer or emergency services
personnel have determined that | 5 | | the licensee or non-resident is not a threat to
the safety of | 6 | | any person present, including the law enforcement officer or | 7 | | emergency services personnel, and
if the licensee or | 8 | | non-resident is physically and mentally capable of
possessing | 9 | | the firearm, the law enforcement officer or emergency services | 10 | | personnel shall return the
firearm to the licensee or | 11 | | non-resident before releasing him or her from the
scene and | 12 | | breaking contact. If the licensee or non-resident is | 13 | | transported for
treatment to another location, the firearm | 14 | | shall be turned over to any peace
officer. The peace officer | 15 | | shall provide a receipt which includes the make,
model, | 16 | | caliber, and serial number of the firearm. | 17 | | (i) The Illinois State Police shall maintain a database of | 18 | | license applicants and licensees. The database shall be | 19 | | available to all federal, State, and local law enforcement | 20 | | agencies, State's Attorneys, the Attorney General, and | 21 | | authorized court personnel. Within 180 days after July 9, 2013 | 22 | | (the effective date of this Act), the database shall be | 23 | | searchable and provide all information included in the | 24 | | application, including the applicant's previous addresses | 25 | | within the 10 years prior to the license application and any | 26 | | information related to violations of this Act. No law |
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| 1 | | enforcement agency, State's Attorney, Attorney General, or | 2 | | member or staff of the judiciary shall provide any information | 3 | | to a requester who is not entitled to it by law. | 4 | | (j) No later than 10 days after receipt of a completed | 5 | | application, the Illinois State Police shall enter the | 6 | | relevant information about the applicant into the database | 7 | | under subsection (i) of this Section which is accessible by | 8 | | law enforcement agencies.
| 9 | | (k) The Illinois State Police shall continuously monitor | 10 | | relevant State and federal databases for firearms prohibitors | 11 | | and correlate those records with concealed carry license | 12 | | holders to ensure compliance with this Act, or State and | 13 | | federal law. The Illinois State Police may adopt rules to | 14 | | implement this subsection. | 15 | | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | 16 | | 102-813, eff. 5-13-22.) | 17 | | (430 ILCS 66/30)
| 18 | | Sec. 30. Contents of license application. | 19 | | (a) The license application shall be in writing, under | 20 | | penalty of perjury, on a standard form adopted by the Illinois | 21 | | State Police and shall be accompanied by the documentation | 22 | | required in this Section and the applicable fee . Each | 23 | | application form shall include the following statement printed | 24 | | in bold type: "Warning: Entering false information on this | 25 | | form is punishable as perjury under Section 32-2 of the |
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| 1 | | Criminal Code of 2012." | 2 | | (b) The application shall contain the following: | 3 | | (1) the applicant's name, current address, date and | 4 | | year of birth, place of birth, height, weight, hair color, | 5 | | eye color, maiden name or any other name the applicant has | 6 | | used or identified with, and any address where the | 7 | | applicant resided for more than 30 days within the 10 | 8 | | years preceding the date of the license application; | 9 | | (2) the applicant's valid driver's license number or | 10 | | valid state identification card number; | 11 | | (3) a waiver of the applicant's privacy and | 12 | | confidentiality rights and privileges under all federal | 13 | | and state laws, including those limiting access to | 14 | | juvenile court, criminal justice, psychological, or | 15 | | psychiatric records or records relating to any | 16 | | institutionalization of the applicant, and an affirmative | 17 | | request that a person having custody of any of these | 18 | | records provide it or information concerning it to the | 19 | | Illinois State Police. The waiver only applies to records | 20 | | sought in connection with determining whether the | 21 | | applicant qualifies for a license to carry a concealed | 22 | | firearm under this Act, or whether the applicant remains | 23 | | in compliance with the Firearm Owners Identification Card | 24 | | Act; | 25 | | (4) an affirmation that the applicant possesses a | 26 | | currently valid Firearm Owner's Identification Card and |
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| 1 | | card number if possessed or notice the applicant is | 2 | | applying for a Firearm Owner's Identification Card in | 3 | | conjunction with the license application; | 4 | | (5) an affirmation that the applicant has not been | 5 | | convicted or found guilty of: | 6 | | (A) a felony; | 7 | | (B) a misdemeanor involving the use or threat of | 8 | | physical force or violence to any person within the 5 | 9 | | years preceding the date of the application; or | 10 | | (C) 2 or more violations related to driving while | 11 | | under the influence of alcohol, other drug or drugs, | 12 | | intoxicating compound or compounds, or any combination | 13 | | thereof, within the 5 years preceding the date of the | 14 | | license application; | 15 | | (6) whether the applicant has failed a drug test for a | 16 | | drug for which the applicant did not have a prescription, | 17 | | within the previous year, and if so, the provider of the | 18 | | test, the specific substance involved, and the date of the | 19 | | test; | 20 | | (7) written consent for the Illinois State Police to | 21 | | review and use the applicant's Illinois digital driver's | 22 | | license or Illinois identification card photograph and | 23 | | signature; | 24 | | (8) unless submitted under subsection (a-25) of | 25 | | Section 4 of the Firearm Owners Identification Card Act, a | 26 | | full set of fingerprints submitted to the Illinois State |
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| 1 | | Police in electronic format, provided the Illinois State | 2 | | Police may accept an application submitted without a set | 3 | | of fingerprints, in which case the Illinois State Police | 4 | | shall be granted 30 days in addition to the 90 days | 5 | | provided under subsection (e) of Section 10 of this Act to | 6 | | issue or deny a license; | 7 | | (9) a head and shoulder color photograph in a size | 8 | | specified by the Illinois State Police taken within the 30 | 9 | | days preceding the date of the license application; and | 10 | | (10) a photocopy of any certificates or other evidence | 11 | | of compliance with the training requirements under this | 12 | | Act.
| 13 | | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | 14 | | 102-813, eff. 5-13-22.) | 15 | | (430 ILCS 66/40)
| 16 | | Sec. 40. Non-resident license applications. | 17 | | (a) For the purposes of this Section, "non-resident" means | 18 | | a person who has not resided within this State for more than 30 | 19 | | days and resides in another state or territory. | 20 | | (b) The Illinois State Police shall by rule allow for | 21 | | non-resident license applications from any state or territory | 22 | | of the United States with laws related to firearm ownership, | 23 | | possession, and carrying, that are substantially similar to | 24 | | the requirements to obtain a license under this Act. | 25 | | (c) A resident of a state or territory approved by the |
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| 1 | | Illinois State Police under subsection (b) of this Section may | 2 | | apply for a non-resident license. The applicant shall apply to | 3 | | the Illinois State Police and must meet all of the | 4 | | qualifications established in Section 25 of this Act, except | 5 | | for the Illinois residency requirement in item (xiv) of | 6 | | paragraph (2) of subsection (a) of Section 4 of the Firearm | 7 | | Owners Identification Card Act. The applicant shall submit: | 8 | | (1) the application and documentation required under | 9 | | Section 30 of this Act and the applicable fee ; | 10 | | (2) a notarized document stating that the applicant: | 11 | | (A) is eligible under federal law and the laws of | 12 | | his or her state or territory of residence to own or | 13 | | possess a firearm; | 14 | | (B) if applicable, has a license or permit to | 15 | | carry a firearm or concealed firearm issued by his or | 16 | | her state or territory of residence and attach a copy | 17 | | of the license or permit to the application; | 18 | | (C) understands Illinois laws pertaining to the | 19 | | possession and transport of firearms; and | 20 | | (D) acknowledges that the applicant is subject to | 21 | | the jurisdiction of the Illinois State Police and | 22 | | Illinois courts for any violation of this Act; | 23 | | (3) a photocopy of any certificates or other evidence | 24 | | of compliance with the training requirements under Section | 25 | | 75 of this Act; and | 26 | | (4) a head and shoulder color photograph in a size |
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| 1 | | specified by the Illinois State Police taken within the 30 | 2 | | days preceding the date of the application. | 3 | | (d) In lieu of an Illinois driver's license or Illinois | 4 | | identification card, a non-resident applicant shall provide | 5 | | similar documentation from his or her state or territory of | 6 | | residence. In lieu of a valid Firearm Owner's Identification | 7 | | Card, the applicant shall submit documentation and information | 8 | | required by the Illinois State Police to obtain a Firearm | 9 | | Owner's Identification Card, including an affidavit that the | 10 | | non-resident meets the mental health standards to obtain a | 11 | | firearm under Illinois law, and the Illinois State Police | 12 | | shall ensure that the applicant would meet the eligibility | 13 | | criteria to obtain a Firearm Owner's Identification card if he | 14 | | or she was a resident of this State. | 15 | | (e) Nothing in this Act shall prohibit a non-resident from | 16 | | transporting a concealed firearm within his or her vehicle in | 17 | | Illinois, if the concealed firearm remains within his or her | 18 | | vehicle and the non-resident: | 19 | | (1) is not prohibited from owning or possessing a | 20 | | firearm under federal law; | 21 | | (2) is eligible to carry a firearm in public under the | 22 | | laws of his or her state or territory of residence, as
| 23 | | evidenced by the possession of a concealed carry license | 24 | | or permit issued by his or her state of residence, if
| 25 | | applicable; and | 26 | | (3) is not in possession of a license under this Act. |
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| 1 | | If the non-resident leaves his or her vehicle unattended, | 2 | | he or she shall store the firearm within a locked vehicle or | 3 | | locked container within the vehicle in accordance with | 4 | | subsection (b) of Section 65 of this Act.
| 5 | | (Source: P.A. 102-538, eff. 8-20-21.) | 6 | | (430 ILCS 66/50)
| 7 | | Sec. 50. License renewal. | 8 | | (a) This subsection (a) applies through the 180th day | 9 | | following July 12, 2019 (the effective date of Public Act | 10 | | 101-80). The Illinois State Police shall, 180 days prior to | 11 | | the expiration of a concealed carry license, notify each | 12 | | person whose license is to expire a notification of the | 13 | | expiration of the license and instructions for renewal. | 14 | | Applications for renewal of a license shall be made to the | 15 | | Illinois State Police. A license shall be renewed for a period | 16 | | of 5 years upon receipt of a completed renewal application, | 17 | | completion of 3 hours of training required under Section 75 of | 18 | | this Act , payment of the applicable renewal fee, and | 19 | | completion of an investigation under Section 35 of this Act. | 20 | | The renewal application shall contain the information required | 21 | | in Section 30 of this Act, except that the applicant need not | 22 | | resubmit a full set of fingerprints. | 23 | | (b) This subsection (b) applies on and after the 181st day | 24 | | following July 12, 2019 (the effective date of Public Act | 25 | | 101-80). Applications for renewal of a license shall be made |
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| 1 | | to the Illinois State Police. A license shall be renewed for a | 2 | | period of 5 years from the date of expiration on the | 3 | | applicant's current license upon the receipt of a completed | 4 | | renewal application, completion of 3 hours of training | 5 | | required under Section 75 of this Act, payment of the | 6 | | applicable renewal fee, and completion of an investigation | 7 | | under Section 35 of this Act. The renewal application shall | 8 | | contain the information required in Section 30 of this Act, | 9 | | except that the applicant need not resubmit a full set of | 10 | | fingerprints.
| 11 | | (Source: P.A. 101-80, eff. 7-12-19; 102-237, eff. 1-1-22; | 12 | | 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.) | 13 | | (430 ILCS 66/55)
| 14 | | Sec. 55. Change of address or name; lost, destroyed, or | 15 | | stolen licenses. | 16 | | (a) A licensee shall notify the Illinois State Police | 17 | | within 30 days of moving or changing residence or any change of | 18 | | name. The licensee shall submit the requisite fee and the | 19 | | Illinois State Police may require a notarized statement that | 20 | | the licensee has
changed his or her residence or his or her | 21 | | name, including the prior and current address or name and the | 22 | | date the applicant moved or changed his or her name. | 23 | | (b) A licensee shall notify the Illinois State Police | 24 | | within 10 days of discovering that a license has been lost, | 25 | | destroyed, or stolen. A lost, destroyed, or stolen license is |
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| 1 | | invalid. To request a replacement license, the licensee shall | 2 | | submit: | 3 | | (1) a written or electronic acknowledgment that the | 4 | | licensee no longer possesses the license, and that it was | 5 | | lost, destroyed, or stolen; | 6 | | (2) if applicable, a copy of a police report stating | 7 | | that the license was stolen; and | 8 | | (3) (blank). the requisite fee. | 9 | | (c) A violation of this Section is a petty offense with a | 10 | | fine of $150 which shall be deposited into the Mental Health | 11 | | Reporting Fund.
| 12 | | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | 13 | | 102-813, eff. 5-13-22.)
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