101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5219

Introduced , by Rep. Tim Butler

SYNOPSIS AS INTRODUCED:
430 ILCS 66/40

Amends the Firearm Concealed Carry Act. Provides that notwithstanding other provisions of the Act, the Illinois State Police shall by rule allow for a non-resident license application by a non-resident applicant who is a certified firearms instructor under the Act whether or not the instructor is from a 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 the Act.
LRB101 16847 RLC 66246 b

A BILL FOR

HB5219LRB101 16847 RLC 66246 b
1 AN ACT concerning safety.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Firearm Concealed Carry Act is amended by
5changing Section 40 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.
16 (b-5) Notwithstanding subsection (b), the Illinois State
17Police shall by rule allow for a non-resident license
18application by a non-resident applicant who is a certified
19firearms instructor under Section 80 whether or not the
20instructor is from a state or territory of the United States
21with laws related to firearm ownership, possession, and
22carrying, that are substantially similar to the requirements to
23obtain a license under this Act.

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1 (c) A resident of a state or territory approved by the
2Department under subsection (b) of this Section may apply for a
3non-resident license. The applicant shall apply to the
4Department and must meet all of the qualifications established
5in Section 25 of this Act, except for the Illinois residency
6requirement in item (xiv) of paragraph (2) of subsection (a) of
7Section 4 of the Firearm Owners Identification Card Act. The
8applicant shall submit:
9 (1) the application and documentation required under
10 Section 30 of this Act and the applicable fee;
11 (2) a notarized document stating that the applicant:
12 (A) is eligible under federal law and the laws of
13 his or her state or territory of residence to own or
14 possess a firearm;
15 (B) if applicable, has a license or permit to carry
16 a firearm or concealed firearm issued by his or her
17 state or territory of residence and attach a copy of
18 the license or permit to the application;
19 (C) understands Illinois laws pertaining to the
20 possession and transport of firearms; and
21 (D) acknowledges that the applicant is subject to
22 the jurisdiction of the Department and Illinois courts
23 for any violation of this Act;
24 (3) a photocopy of any certificates or other evidence
25 of compliance with the training requirements under Section
26 75 of this Act; and

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

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1 (3) is not in possession of a license under this Act.
2 If the non-resident leaves his or her vehicle unattended,
3he or she shall store the firearm within a locked vehicle or
4locked container within the vehicle in accordance with
5subsection (b) of Section 65 of this Act.
6(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-78,
7eff. 7-20-15.)