102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3316

Introduced , by Rep. David A. Welter

SYNOPSIS AS INTRODUCED:
430 ILCS 66/40

Amends the Firearm Concealed Carry Act. Provides that the Illinois State Police shall by rule allow for non-resident license applications from any state or territory of the United States that requires firearm training and a background check of an applicant for a license to carry concealed firearms (currently, the other state or territory must have laws related to firearm ownership, possession, and carrying, that are substantially similar to the requirements to obtain a license under the Act). Effective immediately.
LRB102 13808 RLC 19158 b

A BILL FOR

HB3316LRB102 13808 RLC 19158 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 that requires firearm training and a background check
14of an applicant for a license to carry concealed firearms with
15laws related to firearm ownership, possession, and carrying,
16that are substantially similar to the requirements to obtain a
17license under this Act.
18 (c) A resident of a state or territory approved by the
19Department under subsection (b) of this Section may apply for
20a non-resident license. The applicant shall apply to the
21Department and must meet all of the qualifications established
22in Section 25 of this Act, except for the Illinois residency
23requirement in item (xiv) of paragraph (2) of subsection (a)

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1of Section 4 of the Firearm Owners Identification Card Act.
2The applicant shall submit:
3 (1) the application and documentation required under
4 Section 30 of this Act and the applicable fee;
5 (2) a notarized document stating that the applicant:
6 (A) is eligible under federal law and the laws of
7 his or her state or territory of residence to own or
8 possess a firearm;
9 (B) if applicable, has a license or permit to
10 carry a firearm or concealed firearm issued by his or
11 her state or territory of residence and attach a copy
12 of the license or permit to the application;
13 (C) understands Illinois laws pertaining to the
14 possession and transport of firearms; and
15 (D) acknowledges that the applicant is subject to
16 the jurisdiction of the Department and Illinois courts
17 for any violation of this Act;
18 (3) a photocopy of any certificates or other evidence
19 of compliance with the training requirements under Section
20 75 of this Act; and
21 (4) a head and shoulder color photograph in a size
22 specified by the Department taken within the 30 days
23 preceding the date of the application.
24 (d) In lieu of an Illinois driver's license or Illinois
25identification card, a non-resident applicant shall provide
26similar documentation from his or her state or territory of

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1residence. In lieu of a valid Firearm Owner's Identification
2Card, the applicant shall submit documentation and information
3required by the Department to obtain a Firearm Owner's
4Identification Card, including an affidavit that the
5non-resident meets the mental health standards to obtain a
6firearm under Illinois law, and the Department shall ensure
7that the applicant would meet the eligibility criteria to
8obtain a Firearm Owner's Identification card if he or she was a
9resident of this State.
10 (e) Nothing in this Act shall prohibit a non-resident from
11transporting a concealed firearm within his or her vehicle in
12Illinois, if the concealed firearm remains within his or her
13vehicle and the non-resident:
14 (1) is not prohibited from owning or possessing a
15 firearm under federal law;
16 (2) is eligible to carry a firearm in public under the
17 laws of his or her state or territory of residence, as
18 evidenced by the possession of a concealed carry license
19 or permit issued by his or her state of residence, if
20 applicable; and
21 (3) is not in possession of a license under this Act.
22 If the non-resident leaves his or her vehicle unattended,
23he or she shall store the firearm within a locked vehicle or
24locked container within the vehicle in accordance with
25subsection (b) of Section 65 of this Act.
26(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-78,

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1eff. 7-20-15.)
2 Section 99. Effective date. This Act takes effect upon
3becoming law.