IL
Illinois House Bill HB1145

Illinois 2023-2024 Regular Session

Illinois House Bill HB1145 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1145 Introduced , by Rep. Charles Meier SYNOPSIS AS INTRODUCED: 5 ILCS 100/5-45.35 new430 ILCS 66/40430 ILCS 66/60 Amends the Firearm Concealed Carry Act. Provides that 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 the Act, the Illinois State Police shall, no later than 120 days after the effective date of the amendatory Act, 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 the State and lives in the State. Provides that a non-resident active duty member of the Armed Forces of the United States who is stationed in the State and lives in the State shall apply to the Illinois State Police and must meet all of the qualifications under the Act and shall submit: (1) the application and documentation required 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 the State. Provides for emergency rulemaking to implement the amendatory Act. Establishes fees. Makes conforming changes to the Illinois Administrative Procedure Act. Effective immediately. LRB103 04825 RLC 49835 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1145 Introduced , by Rep. Charles Meier SYNOPSIS AS INTRODUCED: 5 ILCS 100/5-45.35 new430 ILCS 66/40430 ILCS 66/60 5 ILCS 100/5-45.35 new 430 ILCS 66/40 430 ILCS 66/60 Amends the Firearm Concealed Carry Act. Provides that 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 the Act, the Illinois State Police shall, no later than 120 days after the effective date of the amendatory Act, 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 the State and lives in the State. Provides that a non-resident active duty member of the Armed Forces of the United States who is stationed in the State and lives in the State shall apply to the Illinois State Police and must meet all of the qualifications under the Act and shall submit: (1) the application and documentation required 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 the State. Provides for emergency rulemaking to implement the amendatory Act. Establishes fees. Makes conforming changes to the Illinois Administrative Procedure Act. Effective immediately. LRB103 04825 RLC 49835 b LRB103 04825 RLC 49835 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1145 Introduced , by Rep. Charles Meier SYNOPSIS AS INTRODUCED:
33 5 ILCS 100/5-45.35 new430 ILCS 66/40430 ILCS 66/60 5 ILCS 100/5-45.35 new 430 ILCS 66/40 430 ILCS 66/60
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77 Amends the Firearm Concealed Carry Act. Provides that 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 the Act, the Illinois State Police shall, no later than 120 days after the effective date of the amendatory Act, 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 the State and lives in the State. Provides that a non-resident active duty member of the Armed Forces of the United States who is stationed in the State and lives in the State shall apply to the Illinois State Police and must meet all of the qualifications under the Act and shall submit: (1) the application and documentation required 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 the State. Provides for emergency rulemaking to implement the amendatory Act. Establishes fees. Makes conforming changes to the Illinois Administrative Procedure Act. Effective immediately.
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1313 1 AN ACT concerning safety.
1414 2 Be it enacted by the People of the State of Illinois,
1515 3 represented in the General Assembly:
1616 4 Section 5. The Illinois Administrative Procedure Act is
1717 5 amended by adding Section 5-45.35 as follows:
1818 6 (5 ILCS 100/5-45.35 new)
1919 7 Sec. 5-45.35. Emergency rulemaking; non-resident active
2020 8 duty members of the Armed Forces of the United States
2121 9 concealed carry license applications. To provide for the
2222 10 expeditious and timely implementation of the provisions of
2323 11 this amendatory Act of the 103rd General Assembly, emergency
2424 12 rules implementing the changes made by this amendatory Act of
2525 13 the 103rd General Assembly to Section 40 of the Firearm
2626 14 Concealed Carry Act may be adopted in accordance with Section
2727 15 5-45. The adoption of emergency rules authorized by Section
2828 16 5-45 and this Section is deemed to be necessary for the public
2929 17 interest, safety, and welfare.
3030 18 This Section is repealed one year after the effective date
3131 19 of this amendatory Act of the 103rd General Assembly.
3232 20 Section 10. The Firearm Concealed Carry Act is amended by
3333 21 changing Sections 40 and 60 as follows:
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3737 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1145 Introduced , by Rep. Charles Meier SYNOPSIS AS INTRODUCED:
3838 5 ILCS 100/5-45.35 new430 ILCS 66/40430 ILCS 66/60 5 ILCS 100/5-45.35 new 430 ILCS 66/40 430 ILCS 66/60
3939 5 ILCS 100/5-45.35 new
4040 430 ILCS 66/40
4141 430 ILCS 66/60
4242 Amends the Firearm Concealed Carry Act. Provides that 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 the Act, the Illinois State Police shall, no later than 120 days after the effective date of the amendatory Act, 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 the State and lives in the State. Provides that a non-resident active duty member of the Armed Forces of the United States who is stationed in the State and lives in the State shall apply to the Illinois State Police and must meet all of the qualifications under the Act and shall submit: (1) the application and documentation required 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 the State. Provides for emergency rulemaking to implement the amendatory Act. Establishes fees. Makes conforming changes to the Illinois Administrative Procedure Act. Effective immediately.
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7272 1 (430 ILCS 66/40)
7373 2 Sec. 40. Non-resident license applications.
7474 3 (a) For the purposes of this Section, "non-resident" means
7575 4 a person who has not resided within this State for more than 30
7676 5 days and resides in another state or territory.
7777 6 (b) The Illinois State Police shall by rule allow for
7878 7 non-resident license applications from any state or territory
7979 8 of the United States with laws related to firearm ownership,
8080 9 possession, and carrying, that are substantially similar to
8181 10 the requirements to obtain a license under this Act.
8282 11 (c) A resident of a state or territory approved by the
8383 12 Illinois State Police under subsection (b) of this Section may
8484 13 apply for a non-resident license. The applicant shall apply to
8585 14 the Illinois State Police and must meet all of the
8686 15 qualifications established in Section 25 of this Act, except
8787 16 for the Illinois residency requirement in item (xiv) of
8888 17 paragraph (2) of subsection (a) of Section 4 of the Firearm
8989 18 Owners Identification Card Act. The applicant shall submit:
9090 19 (1) the application and documentation required under
9191 20 Section 30 of this Act and the applicable fee;
9292 21 (2) a notarized document stating that the applicant:
9393 22 (A) is eligible under federal law and the laws of
9494 23 his or her state or territory of residence to own or
9595 24 possess a firearm;
9696 25 (B) if applicable, has a license or permit to
9797 26 carry a firearm or concealed firearm issued by his or
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108108 1 her state or territory of residence and attach a copy
109109 2 of the license or permit to the application;
110110 3 (C) understands Illinois laws pertaining to the
111111 4 possession and transport of firearms; and
112112 5 (D) acknowledges that the applicant is subject to
113113 6 the jurisdiction of the Illinois State Police and
114114 7 Illinois courts for any violation of this Act;
115115 8 (3) a photocopy of any certificates or other evidence
116116 9 of compliance with the training requirements under Section
117117 10 75 of this Act; and
118118 11 (4) a head and shoulder color photograph in a size
119119 12 specified by the Illinois State Police taken within the 30
120120 13 days preceding the date of the application.
121121 14 (d) In lieu of an Illinois driver's license or Illinois
122122 15 identification card, a non-resident applicant shall provide
123123 16 similar documentation from his or her state or territory of
124124 17 residence. In lieu of a valid Firearm Owner's Identification
125125 18 Card, the applicant shall submit documentation and information
126126 19 required by the Illinois State Police to obtain a Firearm
127127 20 Owner's Identification Card, including an affidavit that the
128128 21 non-resident meets the mental health standards to obtain a
129129 22 firearm under Illinois law, and the Illinois State Police
130130 23 shall ensure that the applicant would meet the eligibility
131131 24 criteria to obtain a Firearm Owner's Identification card if he
132132 25 or she was a resident of this State.
133133 26 (e) Nothing in this Act shall prohibit a non-resident from
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144144 1 transporting a concealed firearm within his or her vehicle in
145145 2 Illinois, if the concealed firearm remains within his or her
146146 3 vehicle and the non-resident:
147147 4 (1) is not prohibited from owning or possessing a
148148 5 firearm under federal law;
149149 6 (2) is eligible to carry a firearm in public under the
150150 7 laws of his or her state or territory of residence, as
151151 8 evidenced by the possession of a concealed carry license
152152 9 or permit issued by his or her state of residence, if
153153 10 applicable; and
154154 11 (3) is not in possession of a license under this Act.
155155 12 If the non-resident leaves his or her vehicle unattended,
156156 13 he or she shall store the firearm within a locked vehicle or
157157 14 locked container within the vehicle in accordance with
158158 15 subsection (b) of Section 65 of this Act.
159159 16 (f) Notwithstanding whether the laws of the state or
160160 17 territory where the non-resident resides related to firearm
161161 18 ownership, possession, and carrying are substantially similar
162162 19 to the requirements to obtain a license under this Act, the
163163 20 Illinois State Police shall, no later than 120 days after the
164164 21 effective date of this amendatory Act of the 103rd General
165165 22 Assembly, allow for a non-resident license application if the
166166 23 applicant is an active duty member of the Armed Forces of the
167167 24 United States who is stationed in this State and lives in this
168168 25 State. A non-resident active duty member of the Armed Forces
169169 26 of the United States who is stationed in this State and lives
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180180 1 in this State shall apply to the Illinois State Police and must
181181 2 meet all of the qualifications established in Section 25 and
182182 3 shall submit:
183183 4 (1) the application and documentation required under
184184 5 subsection (b) of Section 30 and the applicable fee;
185185 6 (2) a photocopy of a valid military identification
186186 7 card or Official Proof of Service Letter; and
187187 8 (3) a photocopy of permanent change-of-station orders
188188 9 to an assignment in this State.
189189 10 In lieu of an Illinois driver's license or Illinois
190190 11 identification card, a non-resident applicant under this
191191 12 subsection (f) shall provide similar documentation from his or
192192 13 her state or territory of residence. A non-resident licensee
193193 14 approved under this subsection (f) shall notify the Illinois
194194 15 State Police 30 days following a permanent change of station
195195 16 move to an assignment outside of this State and shall
196196 17 surrender his or her license to the Illinois State Police. A
197197 18 license issued under this subsection (f) shall expire on the
198198 19 earlier date of: (i) 5 years from the date of issuance; or (ii)
199199 20 the date the licensee's assignment in this State terminates.
200200 21 The Illinois State Police may adopt rules necessary to
201201 22 implement this amendatory Act of the 103rd General Assembly
202202 23 through the use of emergency rulemaking in accordance with
203203 24 Section 5-45 of the Illinois Administrative Procedure Act for
204204 25 a period not to exceed 180 days after the effective date of
205205 26 this amendatory Act of the 103rd General Assembly.
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216216 1 (Source: P.A. 102-538, eff. 8-20-21.)
217217 2 (430 ILCS 66/60)
218218 3 Sec. 60. Fees.
219219 4 (a) All fees collected under this Act shall be deposited
220220 5 as provided in this Section. Application, renewal, and
221221 6 replacement fees shall be non-refundable.
222222 7 (b) An applicant for a new license or a renewal shall
223223 8 submit $150 with the application, of which $120 shall be
224224 9 apportioned to the State Police Firearm Services Fund, $20
225225 10 shall be apportioned to the Mental Health Reporting Fund, and
226226 11 $10 shall be apportioned to the State Crime Laboratory Fund.
227227 12 (c) A non-resident applicant for a new license or renewal
228228 13 shall submit $300 with the application, of which $250 shall be
229229 14 apportioned to the State Police Firearm Services Fund, $40
230230 15 shall be apportioned to the Mental Health Reporting Fund, and
231231 16 $10 shall be apportioned to the State Crime Laboratory Fund.
232232 17 (d) A licensee requesting a new license in accordance with
233233 18 Section 55 shall submit $75, of which $60 shall be apportioned
234234 19 to the State Police Firearm Services Fund, $5 shall be
235235 20 apportioned to the Mental Health Reporting Fund, and $10 shall
236236 21 be apportioned to the State Crime Laboratory Fund.
237237 22 (e) An applicant for a new license or a renewal who is a
238238 23 non-resident active duty member of the Armed Forces of the
239239 24 United States stationed in this State shall submit $150 with
240240 25 the application, of which $120 shall be apportioned to the
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251251 1 State Police Firearm Services Fund, $20 shall be apportioned
252252 2 to the Mental Health Reporting Fund, and $10 shall be
253253 3 apportioned to the State Crime Laboratory Fund.
254254 4 (Source: P.A. 98-63, eff. 7-9-13.)
255255 5 Section 99. Effective date. This Act takes effect upon
256256 6 becoming law.
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