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| | 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB1318 Introduced , by Rep. Christopher "C.D." Davidsmeyer SYNOPSIS AS INTRODUCED:
| | 430 ILCS 65/7 | from Ch. 38, par. 83-7 | 430 ILCS 66/10 | |
| Amends the Firearm Owners Identification Card Act. Provides that a Firearm Owner's Identification Card shall expire on the cardholder's birthday occurring immediately after the 10-year period from the date of issuance. Amends the Firearm Concealed Carry Act. Provides that a concealed carry license shall expire on the licensee's birthday occurring immediately after the 5-year period from the date of issuance. |
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| | A BILL FOR |
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| | HB1318 | | LRB104 03781 RLC 13805 b |
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1 | | AN ACT concerning safety.
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2 | | Be it enacted by the People of the State of Illinois, |
3 | | represented in the General Assembly:
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4 | | Section 5. The Firearm Owners Identification Card Act is |
5 | | amended by changing Section 7 as follows:
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6 | | (430 ILCS 65/7) (from Ch. 38, par. 83-7) |
7 | | Sec. 7. Validity of Firearm Owner's Identification Card. |
8 | | (a) Except as provided in Section 8 of this Act or |
9 | | elsewhere in this Section, a Firearm Owner's Identification |
10 | | Card issued under the provisions of this Act shall be valid for |
11 | | the person to whom it is issued for a period of 10 years from |
12 | | the date of issuance. A Firearm Owner's Identification Card |
13 | | issued under the provisions of this Act shall expire on the |
14 | | cardholder's birthday occurring immediately after the 10-year |
15 | | period from the date of issuance. Unless the person no longer |
16 | | meets the requirements or becomes subject to suspension or |
17 | | revocation under this Act, a card issued under an application |
18 | | made as provided in subsection (a-25) of Section 4 shall |
19 | | remain valid if the person meets the requirements of |
20 | | subsection (b-5) of Section 3.1. |
21 | | (b) If a renewal application is submitted to the |
22 | | Department before the expiration date of the applicant's |
23 | | current Firearm Owner's Identification Card, the Firearm |
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| | HB1318 | - 2 - | LRB104 03781 RLC 13805 b |
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1 | | Owner's Identification Card shall remain valid, unless the |
2 | | person is subject to or becomes subject to revocation under |
3 | | this Act. Unless the person no longer meets the requirements |
4 | | or becomes subject to suspension or revocation under this Act, |
5 | | a card issued under a renewal application made as provided in |
6 | | subsection (a-25) of Section 4 shall remain valid if the |
7 | | person meets the implementation requirements of Section 3.1. |
8 | | (c) Beginning January 1, 2022, if the Firearm Owner's |
9 | | Identification Card of a licensee under the Firearm Concealed |
10 | | Carry Act expires during the term of the licensee's concealed |
11 | | carry license, the Firearm Owner's Identification Card and the |
12 | | license remain valid during the validity of the concealed |
13 | | carry license and the licensee does not have to renew his or |
14 | | her Firearm Owner's Identification Card, if the Firearm |
15 | | Owner's Identification Card has not been otherwise renewed as |
16 | | provided in this Act. Unless the Illinois State Police has |
17 | | reason to believe the licensee is no longer eligible for the |
18 | | card, the Illinois State Police may automatically renew the |
19 | | licensee's Firearm Owner's Identification Card. |
20 | | (Source: P.A. 102-237, eff. 1-1-22 .)
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21 | | Section 10. The Firearm Concealed Carry Act is amended by |
22 | | changing Section 10 as follows:
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23 | | (430 ILCS 66/10) |
24 | | Sec. 10. Issuance of licenses to carry a concealed |
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| | HB1318 | - 3 - | LRB104 03781 RLC 13805 b |
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1 | | firearm. |
2 | | (a) The Illinois State Police shall issue a license to |
3 | | carry a concealed firearm under this Act to an applicant who: |
4 | | (1) meets the qualifications of Section 25 of this |
5 | | Act; |
6 | | (2) has provided the application and documentation |
7 | | required in Section 30 of this Act; |
8 | | (3) has submitted the requisite fees; and |
9 | | (4) does not pose a danger to himself, herself, or |
10 | | others, or a threat to public safety as determined by the |
11 | | Concealed Carry Licensing Review Board in accordance with |
12 | | Section 20. |
13 | | (b) The Illinois State Police shall issue a renewal, |
14 | | corrected, or duplicate license as provided in this Act. |
15 | | (c) A license shall be valid throughout the State for a |
16 | | period of 5 years from the date of issuance. A license shall |
17 | | expire on the licensee's birthday occurring immediately after |
18 | | the 5-year period from the date of issuance. A license shall |
19 | | permit the licensee to: |
20 | | (1) carry a loaded or unloaded concealed firearm, |
21 | | fully concealed or partially concealed, on or about his or |
22 | | her person; and |
23 | | (2) keep or carry a loaded or unloaded concealed |
24 | | firearm on or about his or her person within a vehicle. |
25 | | (d) The Illinois State Police shall make applications for |
26 | | a license available no later than 180 days after July 9, 2013 |
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1 | | (the effective date of this Act). The Illinois State Police |
2 | | shall establish rules for the availability and submission of |
3 | | applications in accordance with this Act. |
4 | | (e) An application for a license submitted to the Illinois |
5 | | State Police that contains all the information and materials |
6 | | required by this Act, including the requisite fee, shall be |
7 | | deemed completed. Except as otherwise provided in this Act, no |
8 | | later than 90 days after receipt of a completed application, |
9 | | the Illinois State Police shall issue or deny the applicant a |
10 | | license. The Illinois State Police shall notify the applicant |
11 | | for a concealed carry license electronically to confirm if all |
12 | | the required information and materials have been received. If |
13 | | an applicant for a concealed carry license submits his or her |
14 | | application electronically, the Illinois State Police shall |
15 | | notify the applicant electronically if his or her application |
16 | | is missing information or materials. |
17 | | (f) The Illinois State Police shall deny the applicant a |
18 | | license if the applicant fails to meet the requirements under |
19 | | this Act or the Illinois State Police receives a determination |
20 | | from the Board that the applicant is ineligible for a license. |
21 | | The Illinois State Police must notify the applicant stating |
22 | | the grounds for the denial. The notice of denial must inform |
23 | | the applicant of his or her right to an appeal through |
24 | | administrative and judicial review. |
25 | | (g) A licensee shall possess a license at all times the |
26 | | licensee carries a concealed firearm except: |
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1 | | (1) when the licensee is carrying or possessing a |
2 | | concealed firearm on his or her land or in his or her |
3 | | abode, legal dwelling, or fixed place of business, or on |
4 | | the land or in the legal dwelling of another person as an |
5 | | invitee with that person's permission; |
6 | | (2) when the person is authorized to carry a firearm |
7 | | under Section 24-2 of the Criminal Code of 2012, except |
8 | | subsection (a-5) of that Section; or |
9 | | (3) when the handgun is broken down in a |
10 | | non-functioning state, is not immediately accessible, or |
11 | | is unloaded and enclosed in a case. |
12 | | (h) If an officer of a law enforcement agency initiates an |
13 | | investigative stop, including, but not limited to, a traffic |
14 | | stop, of a licensee or a non-resident carrying a concealed |
15 | | firearm under subsection (e) of Section 40 of this Act, upon |
16 | | the request of the officer the licensee or non-resident shall |
17 | | disclose to the officer that he or she is in possession of a |
18 | | concealed firearm under this Act, or present the license upon |
19 | | the request of the officer if he or she is a licensee or |
20 | | present upon the request of the officer evidence under |
21 | | paragraph (2) of subsection (e) of Section 40 of this Act that |
22 | | he or she is a non-resident qualified to carry under that |
23 | | subsection. The disclosure requirement under this subsection |
24 | | (h) is satisfied if the licensee presents his or her license to |
25 | | the officer or the non-resident presents to the officer |
26 | | evidence under paragraph (2) of subsection (e) of Section 40 |
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1 | | of this Act that he or she is qualified to carry under that |
2 | | subsection. Upon the request of the officer, the licensee or |
3 | | non-resident shall also identify the location of the concealed |
4 | | firearm and permit the officer to safely secure the firearm |
5 | | for the duration of the investigative stop. During a traffic |
6 | | stop, any passenger within the vehicle who is a licensee or a |
7 | | non-resident carrying under subsection (e) of Section 40 of |
8 | | this Act must comply with the requirements of this subsection |
9 | | (h). |
10 | | (h-1) If a licensee carrying a firearm or a non-resident |
11 | | carrying a firearm in a vehicle under subsection (e) of |
12 | | Section 40 of this Act is contacted by a law enforcement |
13 | | officer or emergency services personnel, the law enforcement |
14 | | officer or emergency services personnel may secure the firearm |
15 | | or direct that it be secured during the duration of the contact |
16 | | if the law enforcement officer or emergency services personnel |
17 | | determines that it is necessary for the safety of any person |
18 | | present, including the law enforcement officer or emergency |
19 | | services personnel. The licensee or nonresident shall submit |
20 | | to the order to secure the firearm. When the law enforcement |
21 | | officer or emergency services personnel have determined that |
22 | | the licensee or non-resident is not a threat to the safety of |
23 | | any person present, including the law enforcement officer or |
24 | | emergency services personnel, and if the licensee or |
25 | | non-resident is physically and mentally capable of possessing |
26 | | the firearm, the law enforcement officer or emergency services |
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1 | | personnel shall return the firearm to the licensee or |
2 | | non-resident before releasing him or her from the scene and |
3 | | breaking contact. If the licensee or non-resident is |
4 | | transported for treatment to another location, the firearm |
5 | | shall be turned over to any peace officer. The peace officer |
6 | | shall provide a receipt which includes the make, model, |
7 | | caliber, and serial number of the firearm. |
8 | | (i) The Illinois State Police shall maintain a database of |
9 | | license applicants and licensees. The database shall be |
10 | | available to all federal, State, and local law enforcement |
11 | | agencies, State's Attorneys, the Attorney General, and |
12 | | authorized court personnel. Within 180 days after July 9, 2013 |
13 | | (the effective date of this Act), the database shall be |
14 | | searchable and provide all information included in the |
15 | | application, including the applicant's previous addresses |
16 | | within the 10 years prior to the license application and any |
17 | | information related to violations of this Act. No law |
18 | | enforcement agency, State's Attorney, Attorney General, or |
19 | | member or staff of the judiciary shall provide any information |
20 | | to a requester who is not entitled to it by law. |
21 | | (j) No later than 10 days after receipt of a completed |
22 | | application, the Illinois State Police shall enter the |
23 | | relevant information about the applicant into the database |
24 | | under subsection (i) of this Section which is accessible by |
25 | | law enforcement agencies. |
26 | | (k) The Illinois State Police shall continuously monitor |