Illinois 2023-2024 Regular Session

Illinois House Bill HB1145 Latest Draft

Bill / Introduced Version Filed 01/12/2023

                            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
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
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
    LRB103 04825 RLC 49835 b
A BILL FOR
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  HB1145  LRB103 04825 RLC 49835 b
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 Illinois Administrative Procedure Act is
5  amended by adding Section 5-45.35 as follows:
6  (5 ILCS 100/5-45.35 new)
7  Sec. 5-45.35. Emergency rulemaking; non-resident active
8  duty members of the Armed Forces of the United States
9  concealed carry license applications. To provide for the
10  expeditious and timely implementation of the provisions of
11  this amendatory Act of the 103rd General Assembly, emergency
12  rules implementing the changes made by this amendatory Act of
13  the 103rd General Assembly to Section 40 of the Firearm
14  Concealed Carry Act may be adopted in accordance with Section
15  5-45. The adoption of emergency rules authorized by Section
16  5-45 and this Section is deemed to be necessary for the public
17  interest, safety, and welfare.
18  This Section is repealed one year after the effective date
19  of this amendatory Act of the 103rd General Assembly.
20  Section 10. The Firearm Concealed Carry Act is amended by
21  changing Sections 40 and 60 as follows:

 

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
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
    LRB103 04825 RLC 49835 b
A BILL FOR

 

 

5 ILCS 100/5-45.35 new
430 ILCS 66/40
430 ILCS 66/60



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1  (430 ILCS 66/40)
2  Sec. 40. Non-resident license applications.
3  (a) For the purposes of this Section, "non-resident" means
4  a person who has not resided within this State for more than 30
5  days and resides in another state or territory.
6  (b) The Illinois State Police shall by rule allow for
7  non-resident license applications from any state or territory
8  of the United States with laws related to firearm ownership,
9  possession, and carrying, that are substantially similar to
10  the requirements to obtain a license under this Act.
11  (c) A resident of a state or territory approved by the
12  Illinois State Police under subsection (b) of this Section may
13  apply for a non-resident license. The applicant shall apply to
14  the Illinois State Police and must meet all of the
15  qualifications established in Section 25 of this Act, except
16  for the Illinois residency requirement in item (xiv) of
17  paragraph (2) of subsection (a) of Section 4 of the Firearm
18  Owners Identification Card Act. The applicant shall submit:
19  (1) the application and documentation required under
20  Section 30 of this Act and the applicable fee;
21  (2) a notarized document stating that the applicant:
22  (A) is eligible under federal law and the laws of
23  his or her state or territory of residence to own or
24  possess a firearm;
25  (B) if applicable, has a license or permit to
26  carry a firearm or concealed firearm issued by his or

 

 

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1  her state or territory of residence and attach a copy
2  of the license or permit to the application;
3  (C) understands Illinois laws pertaining to the
4  possession and transport of firearms; and
5  (D) acknowledges that the applicant is subject to
6  the jurisdiction of the Illinois State Police and
7  Illinois courts for any violation of this Act;
8  (3) a photocopy of any certificates or other evidence
9  of compliance with the training requirements under Section
10  75 of this Act; and
11  (4) a head and shoulder color photograph in a size
12  specified by the Illinois State Police taken within the 30
13  days preceding the date of the application.
14  (d) In lieu of an Illinois driver's license or Illinois
15  identification card, a non-resident applicant shall provide
16  similar documentation from his or her state or territory of
17  residence. In lieu of a valid Firearm Owner's Identification
18  Card, the applicant shall submit documentation and information
19  required by the Illinois State Police to obtain a Firearm
20  Owner's Identification Card, including an affidavit that the
21  non-resident meets the mental health standards to obtain a
22  firearm under Illinois law, and the Illinois State Police
23  shall ensure that the applicant would meet the eligibility
24  criteria to obtain a Firearm Owner's Identification card if he
25  or she was a resident of this State.
26  (e) Nothing in this Act shall prohibit a non-resident from

 

 

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1  transporting a concealed firearm within his or her vehicle in
2  Illinois, if the concealed firearm remains within his or her
3  vehicle and the non-resident:
4  (1) is not prohibited from owning or possessing a
5  firearm under federal law;
6  (2) is eligible to carry a firearm in public under the
7  laws of his or her state or territory of residence, as
8  evidenced by the possession of a concealed carry license
9  or permit issued by his or her state of residence, if
10  applicable; and
11  (3) is not in possession of a license under this Act.
12  If the non-resident leaves his or her vehicle unattended,
13  he or she shall store the firearm within a locked vehicle or
14  locked container within the vehicle in accordance with
15  subsection (b) of Section 65 of this Act.
16  (f) Notwithstanding whether the laws of the state or
17  territory where the non-resident resides related to firearm
18  ownership, possession, and carrying are substantially similar
19  to the requirements to obtain a license under this Act, the
20  Illinois State Police shall, no later than 120 days after the
21  effective date of this amendatory Act of the 103rd General
22  Assembly, allow for a non-resident license application if the
23  applicant is an active duty member of the Armed Forces of the
24  United States who is stationed in this State and lives in this
25  State. A non-resident active duty member of the Armed Forces
26  of the United States who is stationed in this State and lives

 

 

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1  in this State shall apply to the Illinois State Police and must
2  meet all of the qualifications established in Section 25 and
3  shall submit:
4  (1) the application and documentation required under
5  subsection (b) of Section 30 and the applicable fee;
6  (2) a photocopy of a valid military identification
7  card or Official Proof of Service Letter; and
8  (3) a photocopy of permanent change-of-station orders
9  to an assignment in this State.
10  In lieu of an Illinois driver's license or Illinois
11  identification card, a non-resident applicant under this
12  subsection (f) shall provide similar documentation from his or
13  her state or territory of residence. A non-resident licensee
14  approved under this subsection (f) shall notify the Illinois
15  State Police 30 days following a permanent change of station
16  move to an assignment outside of this State and shall
17  surrender his or her license to the Illinois State Police. A
18  license issued under this subsection (f) shall expire on the
19  earlier date of: (i) 5 years from the date of issuance; or (ii)
20  the date the licensee's assignment in this State terminates.
21  The Illinois State Police may adopt rules necessary to
22  implement this amendatory Act of the 103rd General Assembly
23  through the use of emergency rulemaking in accordance with
24  Section 5-45 of the Illinois Administrative Procedure Act for
25  a period not to exceed 180 days after the effective date of
26  this amendatory Act of the 103rd General Assembly.

 

 

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1  (Source: P.A. 102-538, eff. 8-20-21.)
2  (430 ILCS 66/60)
3  Sec. 60. Fees.
4  (a) All fees collected under this Act shall be deposited
5  as provided in this Section. Application, renewal, and
6  replacement fees shall be non-refundable.
7  (b) An applicant for a new license or a renewal shall
8  submit $150 with the application, of which $120 shall be
9  apportioned to the State Police Firearm Services Fund, $20
10  shall be apportioned to the Mental Health Reporting Fund, and
11  $10 shall be apportioned to the State Crime Laboratory Fund.
12  (c) A non-resident applicant for a new license or renewal
13  shall submit $300 with the application, of which $250 shall be
14  apportioned to the State Police Firearm Services Fund, $40
15  shall be apportioned to the Mental Health Reporting Fund, and
16  $10 shall be apportioned to the State Crime Laboratory Fund.
17  (d) A licensee requesting a new license in accordance with
18  Section 55 shall submit $75, of which $60 shall be apportioned
19  to the State Police Firearm Services Fund, $5 shall be
20  apportioned to the Mental Health Reporting Fund, and $10 shall
21  be apportioned to the State Crime Laboratory Fund.
22  (e) An applicant for a new license or a renewal who is a
23  non-resident active duty member of the Armed Forces of the
24  United States stationed in this State shall submit $150 with
25  the application, of which $120 shall be apportioned to the

 

 

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1  State Police Firearm Services Fund, $20 shall be apportioned
2  to the Mental Health Reporting Fund, and $10 shall be
3  apportioned to the State Crime Laboratory Fund.
4  (Source: P.A. 98-63, eff. 7-9-13.)
5  Section 99. Effective date. This Act takes effect upon
6  becoming law.

 

 

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