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| 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 Firearm Owners Identification Card Act is  | |||||||||||||||||||||||||||||||||||||
| 5 | amended by changing Sections 5, 7, 13.2, and 14 as follows:
 | |||||||||||||||||||||||||||||||||||||
| 6 |  (430 ILCS 65/5) (from Ch. 38, par. 83-5) | |||||||||||||||||||||||||||||||||||||
| 7 |  Sec. 5. Application and renewal.  | |||||||||||||||||||||||||||||||||||||
| 8 |  (a) The Illinois State Police shall either approve or deny  | |||||||||||||||||||||||||||||||||||||
| 9 | all applications within 30 days from the date they are  | |||||||||||||||||||||||||||||||||||||
| 10 | received, except as provided in subsections (b) and (c), and  | |||||||||||||||||||||||||||||||||||||
| 11 | every applicant found qualified under Section 8 of this Act by  | |||||||||||||||||||||||||||||||||||||
| 12 | the Illinois State Police shall be entitled to a Firearm  | |||||||||||||||||||||||||||||||||||||
| 13 | Owner's Identification Card upon the payment of a $10 fee and  | |||||||||||||||||||||||||||||||||||||
| 14 | applicable processing fees. The processing fees shall be  | |||||||||||||||||||||||||||||||||||||
| 15 | limited to charges by the State Treasurer for using the  | |||||||||||||||||||||||||||||||||||||
| 16 | electronic online payment system. Any applicant who is an  | |||||||||||||||||||||||||||||||||||||
| 17 | active duty member of the Armed Forces of the United States, a  | |||||||||||||||||||||||||||||||||||||
| 18 | member of the Illinois National Guard, or a member of the  | |||||||||||||||||||||||||||||||||||||
| 19 | Reserve Forces of the United States is exempt from the  | |||||||||||||||||||||||||||||||||||||
| 20 | application fee. $5 of each fee derived from the issuance of a  | |||||||||||||||||||||||||||||||||||||
| 21 | Firearm Owner's Identification Card or renewals thereof shall  | |||||||||||||||||||||||||||||||||||||
| 22 | be deposited in the State Police Firearm Services Fund and $5  | |||||||||||||||||||||||||||||||||||||
| 23 | into the State Police Firearm Enforcement Fund. | |||||||||||||||||||||||||||||||||||||
 
  | |||||||
  | |||||||
| 1 |  (b) (Blank). Renewal applications shall be approved or  | ||||||
| 2 | denied within 60 business days, provided the applicant  | ||||||
| 3 | submitted his or her renewal application prior to the  | ||||||
| 4 | expiration of his or her Firearm Owner's Identification Card.  | ||||||
| 5 | If a renewal application has been submitted prior to the  | ||||||
| 6 | expiration date of the applicant's Firearm Owner's  | ||||||
| 7 | Identification Card, the Firearm Owner's Identification Card  | ||||||
| 8 | shall remain valid while the Illinois State Police processes  | ||||||
| 9 | the application, unless the person is subject to or becomes  | ||||||
| 10 | subject to revocation under this Act. The cost for a renewal  | ||||||
| 11 | application shall be $10 and may include applicable processing  | ||||||
| 12 | fees, which shall be limited to charges by the State Treasurer  | ||||||
| 13 | for using the electronic online payment system, which shall be  | ||||||
| 14 | deposited into the State Police Firearm Services Fund. | ||||||
| 15 |  (c) If the Firearm Owner's Identification Card of a  | ||||||
| 16 | licensee under the Firearm Concealed Carry Act expires during  | ||||||
| 17 | the term of the licensee's concealed carry license, the  | ||||||
| 18 | Firearm Owner's Identification Card and the license remain  | ||||||
| 19 | valid and the licensee does not have to renew his or her  | ||||||
| 20 | Firearm Owner's Identification Card during the duration of the  | ||||||
| 21 | concealed carry license. Unless the Illinois State Police has  | ||||||
| 22 | reason to believe the licensee is no longer eligible for the  | ||||||
| 23 | card, the Illinois State Police may automatically renew the  | ||||||
| 24 | licensee's Firearm Owner's Identification Card and send a  | ||||||
| 25 | renewed Firearm Owner's Identification Card to the licensee. | ||||||
| 26 |  (d) The Illinois State Police may adopt rules concerning  | ||||||
 
  | |||||||
  | |||||||
| 1 | the use of voluntarily submitted fingerprints, as allowed by  | ||||||
| 2 | State and federal law.  | ||||||
| 3 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;  | ||||||
| 4 | 102-813, eff. 5-13-22; 103-609, eff. 7-1-24.)
 | ||||||
| 5 |  (430 ILCS 65/7) (from Ch. 38, par. 83-7) | ||||||
| 6 |  Sec. 7. Validity of Firearm Owner's Identification Card.  | ||||||
| 7 |  (a) Except as provided in Section 8 of this Act or  | ||||||
| 8 | elsewhere in this Section, a Firearm Owner's Identification  | ||||||
| 9 | Card issued under the provisions of this Act shall be valid for  | ||||||
| 10 | the person to whom it is issued for the Card holder's lifetime.  | ||||||
| 11 | A Firearm Owner's Identification Card issued before the  | ||||||
| 12 | effective date of this amendatory Act of the 104th General  | ||||||
| 13 | Assembly shall be valid during the Card holder's lifetime  | ||||||
| 14 | regardless of the expiration date on the Card a period of 10  | ||||||
| 15 | years 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) (Blank). 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  | ||||||
| 24 | Owner's Identification Card shall remain valid, unless the  | ||||||
| 25 | person is subject to or becomes subject to revocation under  | ||||||
 
  | |||||||
  | |||||||
| 1 | this Act. Unless the person no longer meets the requirements  | ||||||
| 2 | or becomes subject to suspension or revocation under this Act,  | ||||||
| 3 | a card issued under a renewal application made as provided in  | ||||||
| 4 | subsection (a-25) of Section 4 shall remain valid if the  | ||||||
| 5 | person meets the implementation requirements of Section 3.1. | ||||||
| 6 |  (c) Beginning January 1, 2022, if the Firearm Owner's  | ||||||
| 7 | Identification Card of a licensee under the Firearm Concealed  | ||||||
| 8 | Carry Act expires during the term of the licensee's concealed  | ||||||
| 9 | carry license, the Firearm Owner's Identification Card and the  | ||||||
| 10 | license remain valid during the validity of the concealed  | ||||||
| 11 | carry license and the licensee does not have to renew his or  | ||||||
| 12 | her Firearm Owner's Identification Card, if the Firearm  | ||||||
| 13 | Owner's Identification Card has not been otherwise renewed as  | ||||||
| 14 | provided in this Act. Unless the Illinois State Police has  | ||||||
| 15 | reason to believe the licensee is no longer eligible for the  | ||||||
| 16 | card, the Illinois State Police may automatically renew the  | ||||||
| 17 | licensee's Firearm Owner's Identification Card. | ||||||
| 18 | (Source: P.A. 102-237, eff. 1-1-22.)
 | ||||||
| 19 |  (430 ILCS 65/13.2) (from Ch. 38, par. 83-13.2) | ||||||
| 20 |  Sec. 13.2. Name Renewal; name, photograph, or address  | ||||||
| 21 | change; replacement card. The Illinois State Police shall, 180  | ||||||
| 22 | days prior to the expiration of a Firearm Owner's  | ||||||
| 23 | Identification Card, forward by first class mail or by other  | ||||||
| 24 | means provided in Section 7.5 to each person whose card is to  | ||||||
| 25 | expire a notification of the expiration of the card and  | ||||||
 
  | |||||||
  | |||||||
| 1 | instructions for renewal. It is the obligation of the holder  | ||||||
| 2 | of a Firearm Owner's Identification Card to notify the  | ||||||
| 3 | Illinois State Police of any address change since the issuance  | ||||||
| 4 | of the Firearm Owner's Identification Card. The Illinois State  | ||||||
| 5 | Police may update the applicant and card holder's address  | ||||||
| 6 | based upon records in the Secretary of State Driver's License  | ||||||
| 7 | or Illinois identification card records of applicants who do  | ||||||
| 8 | not have driver's licenses. Any person whose legal name has  | ||||||
| 9 | changed from the name on the card that he or she has been  | ||||||
| 10 | previously issued must apply for a corrected card within 30  | ||||||
| 11 | calendar days after the change. The cost for an updated or  | ||||||
| 12 | corrected card shall be $5. The cost for replacement of a card  | ||||||
| 13 | which has been lost, destroyed, or stolen shall be $5 if the  | ||||||
| 14 | loss, destruction, or theft of the card is reported to the  | ||||||
| 15 | Illinois State Police. The fees collected under this Section  | ||||||
| 16 | shall be deposited into the State Police Firearm Services  | ||||||
| 17 | Fund.  | ||||||
| 18 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;  | ||||||
| 19 | 102-813, eff. 5-13-22.)
 | ||||||
| 20 |  (430 ILCS 65/14) (from Ch. 38, par. 83-14) | ||||||
| 21 |  Sec. 14. Sentence.  | ||||||
| 22 |  (a) Until the effective date of this amendatory Act of the  | ||||||
| 23 | 104th General Assembly, except Except as provided in  | ||||||
| 24 | subsection (a-5), a violation of paragraph (1) of subsection  | ||||||
| 25 | (a) of Section 2, when the person's Firearm Owner's  | ||||||
 
  | |||||||
  | |||||||
| 1 | Identification Card is expired but the person is not otherwise  | ||||||
| 2 | disqualified from renewing the card, is a Class A misdemeanor. | ||||||
| 3 |  (a-5) Until the effective date of this amendatory Act of  | ||||||
| 4 | the 104th General Assembly, a A violation of paragraph (1) of  | ||||||
| 5 | subsection (a) of Section 2, when the person's Firearm Owner's  | ||||||
| 6 | Identification Card is expired but the person is not otherwise  | ||||||
| 7 | disqualified from owning, purchasing, or possessing firearms,  | ||||||
| 8 | is a petty offense if the card was expired for 6 months or less  | ||||||
| 9 | from the date of expiration.  | ||||||
| 10 |  (b) Except as provided in subsection (a) with respect to  | ||||||
| 11 | an expired card, a violation of paragraph (1) of subsection  | ||||||
| 12 | (a) of Section 2 is a Class A misdemeanor when the person does  | ||||||
| 13 | not possess a currently valid Firearm Owner's Identification  | ||||||
| 14 | Card, but is otherwise eligible under this Act. A second or  | ||||||
| 15 | subsequent violation is a Class 4 felony. | ||||||
| 16 |  (c) A violation of paragraph (1) of subsection (a) of  | ||||||
| 17 | Section 2 is a Class 3 felony when:  | ||||||
| 18 |   (1) the person's Firearm Owner's Identification Card  | ||||||
| 19 |  is revoked or subject to revocation under Section 8; or  | ||||||
| 20 |   (2) until the effective date of this amendatory Act of  | ||||||
| 21 |  the 104th General Assembly, the person's Firearm Owner's  | ||||||
| 22 |  Identification Card is expired and not otherwise eligible  | ||||||
| 23 |  for renewal under this Act; or  | ||||||
| 24 |   (3) the person does not possess a currently valid  | ||||||
| 25 |  Firearm Owner's Identification Card, and the person is not  | ||||||
| 26 |  otherwise eligible under this Act. | ||||||
 
  | |||||||
  | |||||||
| 1 |  (d) A violation of subsection (a) of Section 3 is a Class 4  | ||||||
| 2 | felony. A third or subsequent conviction is a Class 1 felony. | ||||||
| 3 |  (d-5) Any person who knowingly enters false information on  | ||||||
| 4 | an application for a Firearm Owner's Identification Card, who  | ||||||
| 5 | knowingly gives a false answer to any question on the  | ||||||
| 6 | application, or who knowingly submits false evidence in  | ||||||
| 7 | connection with an application is guilty of a Class 2 felony. | ||||||
| 8 |  (e) Except as provided by Section 6.1 of this Act, any  | ||||||
| 9 | other violation of this Act is a Class A misdemeanor. | ||||||
| 10 | (Source: P.A. 97-1131, eff. 1-1-13.)
 | ||||||
| 11 |  Section 10. The Firearm Concealed Carry Act is amended by  | ||||||
| 12 | changing Sections 10, 45, 50, 60, 70, and 75 as follows:
 | ||||||
| 13 |  (430 ILCS 66/10) | ||||||
| 14 |  Sec. 10. Issuance of licenses to carry a concealed  | ||||||
| 15 | firearm.  | ||||||
| 16 |  (a) The Illinois State Police shall issue a license to  | ||||||
| 17 | carry a concealed firearm under this Act to an applicant who: | ||||||
| 18 |   (1) meets the qualifications of Section 25 of this  | ||||||
| 19 |  Act; | ||||||
| 20 |   (2) has provided the application and documentation  | ||||||
| 21 |  required in Section 30 of this Act;  | ||||||
| 22 |   (3) has submitted the requisite fees; and | ||||||
| 23 |   (4) does not pose a danger to himself, herself, or  | ||||||
| 24 |  others, or a threat to public safety as determined by the  | ||||||
 
  | |||||||
  | |||||||
| 1 |  Concealed Carry Licensing Review Board in accordance with  | ||||||
| 2 |  Section 20. | ||||||
| 3 |  (b) The Illinois State Police shall issue a renewal,  | ||||||
| 4 | corrected, or duplicate license as provided in this Act. | ||||||
| 5 |  (c) A license shall be valid throughout the State for a  | ||||||
| 6 | period of 5 years from the date of issuance. A license shall  | ||||||
| 7 | permit the licensee to: | ||||||
| 8 |   (1) carry a loaded or unloaded concealed firearm,  | ||||||
| 9 |  fully concealed or partially concealed, on or about his or  | ||||||
| 10 |  her person; and  | ||||||
| 11 |   (2) keep or carry a loaded or unloaded concealed  | ||||||
| 12 |  firearm on or about his or her person within a vehicle. | ||||||
| 13 |  (d) The Illinois State Police shall make applications for  | ||||||
| 14 | a license available no later than 180 days after July 9, 2013  | ||||||
| 15 | (the effective date of this Act). The Illinois State Police  | ||||||
| 16 | shall establish rules for the availability and submission of  | ||||||
| 17 | applications in accordance with this Act. | ||||||
| 18 |  (e) An application for a license submitted to the Illinois  | ||||||
| 19 | State Police that contains all the information and materials  | ||||||
| 20 | required by this Act, including the requisite fee, shall be  | ||||||
| 21 | deemed completed. Except as otherwise provided in this Act, no  | ||||||
| 22 | later than 90 days after receipt of a completed application,  | ||||||
| 23 | the Illinois State Police shall issue or deny the applicant a  | ||||||
| 24 | license. The Illinois State Police shall notify the applicant  | ||||||
| 25 | for a concealed carry license electronically to confirm if all  | ||||||
| 26 | the required information and materials have been received. If  | ||||||
 
  | |||||||
  | |||||||
| 1 | an applicant for a concealed carry license submits his or her  | ||||||
| 2 | application electronically, the Illinois State Police shall  | ||||||
| 3 | notify the applicant electronically if his or her application  | ||||||
| 4 | is missing information or materials. | ||||||
| 5 |  (f) The Illinois State Police shall deny the applicant a  | ||||||
| 6 | license if the applicant fails to meet the requirements under  | ||||||
| 7 | this Act or the Illinois State Police receives a determination  | ||||||
| 8 | from the Board that the applicant is ineligible for a license.  | ||||||
| 9 | The Illinois State Police must notify the applicant stating  | ||||||
| 10 | the grounds for the denial. The notice of denial must inform  | ||||||
| 11 | the applicant of his or her right to an appeal through  | ||||||
| 12 | administrative and judicial review. | ||||||
| 13 |  (g) A licensee shall possess a license at all times the  | ||||||
| 14 | licensee carries a concealed firearm except: | ||||||
| 15 |   (1) when the licensee is carrying or possessing a  | ||||||
| 16 |  concealed firearm on his or her land or in his or her  | ||||||
| 17 |  abode, legal dwelling, or fixed place of business, or on  | ||||||
| 18 |  the land or in the legal dwelling of another person as an  | ||||||
| 19 |  invitee with that person's permission; | ||||||
| 20 |   (2) when the person is authorized to carry a firearm  | ||||||
| 21 |  under Section 24-2 of the Criminal Code of 2012, except  | ||||||
| 22 |  subsection (a-5) of that Section; or | ||||||
| 23 |   (3) when the handgun is broken down in a  | ||||||
| 24 |  non-functioning state, is not immediately accessible, or  | ||||||
| 25 |  is unloaded and enclosed in a case. | ||||||
| 26 |  (h) If an officer of a law enforcement agency initiates an  | ||||||
 
  | |||||||
  | |||||||
| 1 | investigative stop, including, but not limited to, a traffic  | ||||||
| 2 | stop, of a licensee or a non-resident carrying a concealed  | ||||||
| 3 | firearm under subsection (e) of Section 40 of this Act, upon  | ||||||
| 4 | the request of the officer the licensee or non-resident shall  | ||||||
| 5 | disclose to the officer that he or she is in possession of a  | ||||||
| 6 | concealed firearm under this Act, or present the license upon  | ||||||
| 7 | the request of the officer if he or she is a licensee or  | ||||||
| 8 | present upon the request of the officer evidence under  | ||||||
| 9 | paragraph (2) of subsection (e) of Section 40 of this Act that  | ||||||
| 10 | he or she is a non-resident qualified to carry under that  | ||||||
| 11 | subsection. The disclosure requirement under this subsection  | ||||||
| 12 | (h) is satisfied if the licensee presents his or her license to  | ||||||
| 13 | the officer or the non-resident presents to the officer  | ||||||
| 14 | evidence under paragraph (2) of subsection (e) of Section 40  | ||||||
| 15 | of this Act that he or she is qualified to carry under that  | ||||||
| 16 | subsection. Upon the request of the officer, the licensee or  | ||||||
| 17 | non-resident shall also identify the location of the concealed  | ||||||
| 18 | firearm and permit the officer to safely secure the firearm  | ||||||
| 19 | for the duration of the investigative stop. During a traffic  | ||||||
| 20 | stop, any passenger within the vehicle who is a licensee or a  | ||||||
| 21 | non-resident carrying under subsection (e) of Section 40 of  | ||||||
| 22 | this Act must comply with the requirements of this subsection  | ||||||
| 23 | (h).  | ||||||
| 24 |  (h-1) If a licensee carrying a firearm or a non-resident  | ||||||
| 25 | carrying a firearm in a vehicle under subsection (e) of  | ||||||
| 26 | Section 40 of this Act is contacted by a law enforcement  | ||||||
 
  | |||||||
  | |||||||
| 1 | officer or emergency services personnel, the law enforcement  | ||||||
| 2 | officer or emergency services personnel may secure the firearm  | ||||||
| 3 | or direct that it be secured during the duration of the contact  | ||||||
| 4 | if the law enforcement officer or emergency services personnel  | ||||||
| 5 | determines that it is necessary for the safety of any person  | ||||||
| 6 | present, including the law enforcement officer or emergency  | ||||||
| 7 | services personnel. The licensee or nonresident shall submit  | ||||||
| 8 | to the order to secure the firearm. When the law enforcement  | ||||||
| 9 | officer or emergency services personnel have determined that  | ||||||
| 10 | the licensee or non-resident is not a threat to the safety of  | ||||||
| 11 | any person present, including the law enforcement officer or  | ||||||
| 12 | emergency services personnel, and if the licensee or  | ||||||
| 13 | non-resident is physically and mentally capable of possessing  | ||||||
| 14 | the firearm, the law enforcement officer or emergency services  | ||||||
| 15 | personnel shall return the firearm to the licensee or  | ||||||
| 16 | non-resident before releasing him or her from the scene and  | ||||||
| 17 | breaking contact. If the licensee or non-resident is  | ||||||
| 18 | transported for treatment to another location, the firearm  | ||||||
| 19 | shall be turned over to any peace officer. The peace officer  | ||||||
| 20 | shall provide a receipt which includes the make, model,  | ||||||
| 21 | caliber, and serial number of the firearm.  | ||||||
| 22 |  (i) The Illinois State Police shall maintain a database of  | ||||||
| 23 | license applicants and licensees. The database shall be  | ||||||
| 24 | available to all federal, State, and local law enforcement  | ||||||
| 25 | agencies, State's Attorneys, the Attorney General, and  | ||||||
| 26 | authorized court personnel. Within 180 days after July 9, 2013  | ||||||
 
  | |||||||
  | |||||||
| 1 | (the effective date of this Act), the database shall be  | ||||||
| 2 | searchable and provide all information included in the  | ||||||
| 3 | application, including the applicant's previous addresses  | ||||||
| 4 | within the 10 years prior to the license application and any  | ||||||
| 5 | information related to violations of this Act. No law  | ||||||
| 6 | enforcement agency, State's Attorney, Attorney General, or  | ||||||
| 7 | member or staff of the judiciary shall provide any information  | ||||||
| 8 | to a requester who is not entitled to it by law. | ||||||
| 9 |  (j) No later than 10 days after receipt of a completed  | ||||||
| 10 | application, the Illinois State Police shall enter the  | ||||||
| 11 | relevant information about the applicant into the database  | ||||||
| 12 | under subsection (i) of this Section which is accessible by  | ||||||
| 13 | law enforcement agencies. | ||||||
| 14 |  (k) The Illinois State Police shall continuously monitor  | ||||||
| 15 | relevant State and federal databases for firearms prohibitors  | ||||||
| 16 | and correlate those records with concealed carry license  | ||||||
| 17 | holders to ensure compliance with this Act, or State and  | ||||||
| 18 | federal law. The Illinois State Police may adopt rules to  | ||||||
| 19 | implement this subsection.  | ||||||
| 20 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;  | ||||||
| 21 | 102-813, eff. 5-13-22.)
 | ||||||
| 22 |  (430 ILCS 66/45) | ||||||
| 23 |  Sec. 45. Civil immunity; Board, employees, and agents. The  | ||||||
| 24 | Board, Illinois State Police, local law enforcement agency, or  | ||||||
| 25 | the employees and agents of the Board, Illinois State Police,  | ||||||
 
  | |||||||
  | |||||||
| 1 | or local law enforcement agency participating in the licensing  | ||||||
| 2 | process under this Act shall not be held liable for damages in  | ||||||
| 3 | any civil action arising from alleged wrongful or improper  | ||||||
| 4 | granting, denying, renewing, revoking, suspending, or failing  | ||||||
| 5 | to grant, deny, renew, revoke, or suspend a license under this  | ||||||
| 6 | Act, except for willful or wanton misconduct. | ||||||
| 7 | (Source: P.A. 102-538, eff. 8-20-21.)
 | ||||||
| 8 |  (430 ILCS 66/50) | ||||||
| 9 |  Sec. 50. Lifetime license License renewal.  | ||||||
| 10 |  (a) A license shall be valid during the licensee's  | ||||||
| 11 | lifetime. A license issued before the effective date of this  | ||||||
| 12 | amendatory Act of the 104th General Assembly shall be valid  | ||||||
| 13 | during the licensee's lifetime regardless of the expiration  | ||||||
| 14 | date on the license. This subsection (a) applies through the  | ||||||
| 15 | 180th day following July 12, 2019 (the effective date of  | ||||||
| 16 | Public Act 101-80). The Illinois State Police shall, 180 days  | ||||||
| 17 | prior to the expiration of a concealed carry license, notify  | ||||||
| 18 | each person whose license is to expire a notification of the  | ||||||
| 19 | expiration of the license and instructions for renewal.  | ||||||
| 20 | Applications for renewal of a license shall be made to the  | ||||||
| 21 | Illinois State Police. A license shall be renewed for a period  | ||||||
| 22 | of 5 years upon receipt of a completed renewal application,  | ||||||
| 23 | completion of 3 hours of training required under Section 75 of  | ||||||
| 24 | this Act, payment of the applicable renewal fee, and  | ||||||
| 25 | completion of an investigation under Section 35 of this Act.  | ||||||
 
  | |||||||
  | |||||||
| 1 | The renewal application shall contain the information required  | ||||||
| 2 | in Section 30 of this Act, except that the applicant need not  | ||||||
| 3 | resubmit a full set of fingerprints. | ||||||
| 4 |  (b) (Blank). This subsection (b) applies on and after the  | ||||||
| 5 | 181st day following July 12, 2019 (the effective date of  | ||||||
| 6 | Public Act 101-80). Applications for renewal of a license  | ||||||
| 7 | shall be made to the Illinois State Police. A license shall be  | ||||||
| 8 | renewed for a period of 5 years from the date of expiration on  | ||||||
| 9 | the applicant's current license upon the receipt of a  | ||||||
| 10 | completed renewal application, completion of 3 hours of  | ||||||
| 11 | training required under Section 75 of this Act, payment of the  | ||||||
| 12 | applicable renewal fee, and completion of an investigation  | ||||||
| 13 | under Section 35 of this Act. The renewal application shall  | ||||||
| 14 | contain the information required in Section 30 of this Act,  | ||||||
| 15 | except that the applicant need not resubmit a full set of  | ||||||
| 16 | fingerprints.  | ||||||
| 17 | (Source: P.A. 101-80, eff. 7-12-19; 102-237, eff. 1-1-22;  | ||||||
| 18 | 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
 | ||||||
| 19 |  (430 ILCS 66/60) | ||||||
| 20 |  Sec. 60. Fees.  | ||||||
| 21 |  (a) All fees collected under this Act shall be deposited  | ||||||
| 22 | as provided in this Section. Application, renewal, and  | ||||||
| 23 | replacement fees shall be non-refundable. | ||||||
| 24 |  (b) An applicant for a new license or a renewal shall  | ||||||
| 25 | submit $150 with the application, of which $120 shall be  | ||||||
 
  | |||||||
  | |||||||
| 1 | apportioned to the State Police Firearm Services Fund, $20  | ||||||
| 2 | shall be apportioned to the Mental Health Reporting Fund, and  | ||||||
| 3 | $10 shall be apportioned to the State Crime Laboratory Fund. | ||||||
| 4 |  (c) A non-resident applicant for a new license or renewal  | ||||||
| 5 | shall submit $300 with the application, of which $250 shall be  | ||||||
| 6 | apportioned to the State Police Firearm Services Fund, $40  | ||||||
| 7 | shall be apportioned to the Mental Health Reporting Fund, and  | ||||||
| 8 | $10 shall be apportioned to the State Crime Laboratory Fund. | ||||||
| 9 |  (d) A licensee requesting a new license replacement in  | ||||||
| 10 | accordance with Section 55 shall submit $75, of which $60  | ||||||
| 11 | shall be apportioned to the State Police Firearm Services  | ||||||
| 12 | Fund, $5 shall be apportioned to the Mental Health Reporting  | ||||||
| 13 | Fund, and $10 shall be apportioned to the State Crime  | ||||||
| 14 | Laboratory Fund. | ||||||
| 15 | (Source: P.A. 98-63, eff. 7-9-13.)
 | ||||||
| 16 |  (430 ILCS 66/70) | ||||||
| 17 |  Sec. 70. Violations.  | ||||||
| 18 |  (a) A license issued or renewed under this Act shall be  | ||||||
| 19 | revoked if, at any time, the licensee is found to be ineligible  | ||||||
| 20 | for a license under this Act or the licensee no longer meets  | ||||||
| 21 | the eligibility requirements of the Firearm Owners  | ||||||
| 22 | Identification Card Act. | ||||||
| 23 |  (b) A license shall be suspended if an order of  | ||||||
| 24 | protection, including an emergency order of protection,  | ||||||
| 25 | plenary order of protection, or interim order of protection  | ||||||
 
  | |||||||
  | |||||||
| 1 | under Article 112A of the Code of Criminal Procedure of 1963 or  | ||||||
| 2 | under the Illinois Domestic Violence Act of 1986, or if a  | ||||||
| 3 | firearms restraining order, including an emergency firearms  | ||||||
| 4 | restraining order, under the Firearms Restraining Order Act,  | ||||||
| 5 | is issued against a licensee for the duration of the order, or  | ||||||
| 6 | if the Illinois State Police is made aware of a similar order  | ||||||
| 7 | issued against the licensee in any other jurisdiction. If an  | ||||||
| 8 | order of protection is issued against a licensee, the licensee  | ||||||
| 9 | shall surrender the license, as applicable, to the court at  | ||||||
| 10 | the time the order is entered or to the law enforcement agency  | ||||||
| 11 | or entity serving process at the time the licensee is served  | ||||||
| 12 | the order. The court, law enforcement agency, or entity  | ||||||
| 13 | responsible for serving the order of protection shall notify  | ||||||
| 14 | the Illinois State Police within 7 days and transmit the  | ||||||
| 15 | license to the Illinois State Police. | ||||||
| 16 |  (c) (Blank). A license is invalid upon expiration of the  | ||||||
| 17 | license, unless the licensee has submitted an application to  | ||||||
| 18 | renew the license, and the applicant is otherwise eligible to  | ||||||
| 19 | possess a license under this Act. | ||||||
| 20 |  (d) A licensee shall not carry a concealed firearm while  | ||||||
| 21 | under the influence of alcohol, other drug or drugs,  | ||||||
| 22 | intoxicating compound or combination of compounds, or any  | ||||||
| 23 | combination thereof, under the standards set forth in  | ||||||
| 24 | subsection (a) of Section 11-501 of the Illinois Vehicle Code. | ||||||
| 25 |  A licensee in violation of this subsection (d) shall be  | ||||||
| 26 | guilty of a Class A misdemeanor for a first or second violation  | ||||||
 
  | |||||||
  | |||||||
| 1 | and a Class 4 felony for a third violation. The Illinois State  | ||||||
| 2 | Police may suspend a license for up to 6 months for a second  | ||||||
| 3 | violation and shall permanently revoke a license for a third  | ||||||
| 4 | violation. | ||||||
| 5 |  (e) Except as otherwise provided, a licensee in violation  | ||||||
| 6 | of this Act shall be guilty of a Class B misdemeanor. A second  | ||||||
| 7 | or subsequent violation is a Class A misdemeanor. The Illinois  | ||||||
| 8 | State Police may suspend a license for up to 6 months for a  | ||||||
| 9 | second violation and shall permanently revoke a license for 3  | ||||||
| 10 | or more violations of Section 65 of this Act. Any person  | ||||||
| 11 | convicted of a violation under this Section shall pay a $150  | ||||||
| 12 | fee to be deposited into the Mental Health Reporting Fund,  | ||||||
| 13 | plus any applicable court costs or fees. | ||||||
| 14 |  (f) A licensee convicted or found guilty of a violation of  | ||||||
| 15 | this Act who has a valid license and is otherwise eligible to  | ||||||
| 16 | carry a concealed firearm shall only be subject to the  | ||||||
| 17 | penalties under this Section and shall not be subject to the  | ||||||
| 18 | penalties under Section 21-6, paragraph (4), (8), or (10) of  | ||||||
| 19 | subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5)  | ||||||
| 20 | of paragraph (3) of subsection (a) of Section 24-1.6 of the  | ||||||
| 21 | Criminal Code of 2012. Except as otherwise provided in this  | ||||||
| 22 | subsection, nothing in this subsection prohibits the licensee  | ||||||
| 23 | from being subjected to penalties for violations other than  | ||||||
| 24 | those specified in this Act. | ||||||
| 25 |  (g) A licensee whose license is revoked, suspended, or  | ||||||
| 26 | denied shall, within 48 hours of receiving notice of the  | ||||||
 
  | |||||||
  | |||||||
| 1 | revocation, suspension, or denial, surrender his or her  | ||||||
| 2 | concealed carry license to the local law enforcement agency  | ||||||
| 3 | where the person resides. The local law enforcement agency  | ||||||
| 4 | shall provide the licensee a receipt and transmit the  | ||||||
| 5 | concealed carry license to the Illinois State Police. If the  | ||||||
| 6 | licensee whose concealed carry license has been revoked,  | ||||||
| 7 | suspended, or denied fails to comply with the requirements of  | ||||||
| 8 | this subsection, the law enforcement agency where the person  | ||||||
| 9 | resides may petition the circuit court to issue a warrant to  | ||||||
| 10 | search for and seize the concealed carry license in the  | ||||||
| 11 | possession and under the custody or control of the licensee  | ||||||
| 12 | whose concealed carry license has been revoked, suspended, or  | ||||||
| 13 | denied. The observation of a concealed carry license in the  | ||||||
| 14 | possession of a person whose license has been revoked,  | ||||||
| 15 | suspended, or denied constitutes a sufficient basis for the  | ||||||
| 16 | arrest of that person for violation of this subsection. A  | ||||||
| 17 | violation of this subsection is a Class A misdemeanor. | ||||||
| 18 |  (h) Except as otherwise provided in subsection (h-5), a  | ||||||
| 19 | license issued or renewed under this Act shall be revoked if,  | ||||||
| 20 | at any time, the licensee is found ineligible for a Firearm  | ||||||
| 21 | Owner's Identification Card, or the licensee no longer  | ||||||
| 22 | possesses a valid Firearm Owner's Identification Card. If the  | ||||||
| 23 | Firearm Owner's Identification Card is expired or suspended  | ||||||
| 24 | rather than denied or revoked, the license may be suspended  | ||||||
| 25 | for a period of up to one year to allow the licensee to  | ||||||
| 26 | reinstate his or her Firearm Owner's Identification Card. The  | ||||||
 
  | |||||||
  | |||||||
| 1 | Illinois State Police shall adopt rules to enforce this  | ||||||
| 2 | subsection. A licensee whose license is revoked under this  | ||||||
| 3 | subsection (h) shall surrender his or her concealed carry  | ||||||
| 4 | license as provided for in subsection (g) of this Section.  | ||||||
| 5 |  This subsection shall not apply to a person who has filed  | ||||||
| 6 | an application with the Illinois State Police for renewal of a  | ||||||
| 7 | Firearm Owner's Identification Card and who is not otherwise  | ||||||
| 8 | ineligible to obtain a Firearm Owner's Identification Card. | ||||||
| 9 |  (h-5) If the Firearm Owner's Identification Card of a  | ||||||
| 10 | licensee under this Act expires during the term of the license  | ||||||
| 11 | issued under this Act, the license and the Firearm Owner's  | ||||||
| 12 | Identification Card remain valid, and the Illinois State  | ||||||
| 13 | Police may automatically renew the licensee's Firearm Owner's  | ||||||
| 14 | Identification Card as provided in subsection (c) of Section 5  | ||||||
| 15 | of the Firearm Owners Identification Card Act. | ||||||
| 16 |  (i) A certified firearms instructor who knowingly provides  | ||||||
| 17 | or offers to provide a false certification that an applicant  | ||||||
| 18 | has completed firearms training as required under this Act is  | ||||||
| 19 | guilty of a Class A misdemeanor. A person guilty of a violation  | ||||||
| 20 | of this subsection (i) is not eligible for court supervision.  | ||||||
| 21 | The Illinois State Police shall permanently revoke the  | ||||||
| 22 | firearms instructor certification of a person convicted under  | ||||||
| 23 | this subsection (i).  | ||||||
| 24 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;  | ||||||
| 25 | 102-813, eff. 5-13-22.)
 | ||||||
 
  | |||||||
  | |||||||
| 1 |  (430 ILCS 66/75) | ||||||
| 2 |  Sec. 75. Applicant firearm training.  | ||||||
| 3 |  (a) Within 60 days of the effective date of this Act, the  | ||||||
| 4 | Illinois State Police shall begin approval of firearm training  | ||||||
| 5 | courses and shall make a list of approved courses available on  | ||||||
| 6 | the Illinois State Police's website. | ||||||
| 7 |  (b) An applicant for a new license shall provide proof of  | ||||||
| 8 | completion of a firearms training course or combination of  | ||||||
| 9 | courses approved by the Illinois State Police of at least 16  | ||||||
| 10 | hours, which includes range qualification time under  | ||||||
| 11 | subsection (c) of this Section, that covers the following: | ||||||
| 12 |   (1) firearm safety; | ||||||
| 13 |   (2) the basic principles of marksmanship; | ||||||
| 14 |   (3) care, cleaning, loading, and unloading of a  | ||||||
| 15 |  concealable firearm; | ||||||
| 16 |   (4) all applicable State and federal laws relating to  | ||||||
| 17 |  the ownership, storage, carry, and transportation of a  | ||||||
| 18 |  firearm; and | ||||||
| 19 |   (5) instruction on the appropriate and lawful  | ||||||
| 20 |  interaction with law enforcement while transporting or  | ||||||
| 21 |  carrying a concealed firearm. | ||||||
| 22 |  (c) An applicant for a new license shall provide proof of  | ||||||
| 23 | certification by a certified instructor that the applicant  | ||||||
| 24 | passed a live fire exercise with a concealable firearm  | ||||||
| 25 | consisting of: | ||||||
| 26 |   (1) a minimum of 30 rounds; and | ||||||
 
  | |||||||
  | |||||||
| 1 |   (2) 10 rounds from a distance of 5 yards; 10 rounds  | ||||||
| 2 |  from a distance of 7 yards; and 10 rounds from a distance  | ||||||
| 3 |  of 10 yards at a B-27 silhouette target approved by the  | ||||||
| 4 |  Illinois State Police. | ||||||
| 5 |  (d) (Blank). An applicant for renewal of a license shall  | ||||||
| 6 | provide proof of completion of a firearms training course or  | ||||||
| 7 | combination of courses approved by the Illinois State Police  | ||||||
| 8 | of at least 3 hours. | ||||||
| 9 |  (e) A certificate of completion for an applicant's firearm  | ||||||
| 10 | training course shall not be issued to a student who: | ||||||
| 11 |   (1) does not follow the orders of the certified  | ||||||
| 12 |  firearms instructor;  | ||||||
| 13 |   (2) in the judgment of the certified instructor,  | ||||||
| 14 |  handles a firearm in a manner that poses a danger to the  | ||||||
| 15 |  student or to others; or  | ||||||
| 16 |   (3) during the range firing portion of testing fails  | ||||||
| 17 |  to hit the target with 70% of the rounds fired. | ||||||
| 18 |  (f) An instructor shall maintain a record of each  | ||||||
| 19 | student's performance for at least 5 years, and shall make all  | ||||||
| 20 | records available upon demand of authorized personnel of the  | ||||||
| 21 | Illinois State Police. | ||||||
| 22 |  (g) The Illinois State Police and certified firearms  | ||||||
| 23 | instructors shall recognize up to 8 hours of training already  | ||||||
| 24 | completed toward the 16 hour training requirement under this  | ||||||
| 25 | Section if the training course is submitted to and approved by  | ||||||
| 26 | the Illinois State Police. Any remaining hours that the  | ||||||
 
  | |||||||
  | |||||||
| 1 | applicant completes must at least cover the classroom subject  | ||||||
| 2 | matter of paragraph (4) of subsection (b) of this Section, and  | ||||||
| 3 | the range qualification in subsection (c) of this Section. | ||||||
| 4 |  (h) A person who has qualified to carry a firearm as an  | ||||||
| 5 | active law enforcement or corrections officer, who has  | ||||||
| 6 | successfully completed firearms training as required by his or  | ||||||
| 7 | her law enforcement agency and is authorized by his or her  | ||||||
| 8 | agency to carry a firearm; a person currently certified as a  | ||||||
| 9 | firearms instructor by this Act or by the Illinois Law  | ||||||
| 10 | Enforcement Training Standards Board; or a person who has  | ||||||
| 11 | completed the required training and has been issued a firearm  | ||||||
| 12 | control card by the Department of Financial and Professional  | ||||||
| 13 | Regulation shall be exempt from the requirements of this  | ||||||
| 14 | Section. | ||||||
| 15 |  (i) The Illinois State Police and certified firearms  | ||||||
| 16 | instructors shall recognize 8 hours of training as completed  | ||||||
| 17 | toward the 16 hour training requirement under this Section, if  | ||||||
| 18 | the applicant is an active, retired, or honorably discharged  | ||||||
| 19 | member of the United States Armed Forces. Any remaining hours  | ||||||
| 20 | that the applicant completes must at least cover the classroom  | ||||||
| 21 | subject matter of paragraph (4) of subsection (b) of this  | ||||||
| 22 | Section, and the range qualification in subsection (c) of this  | ||||||
| 23 | Section.  | ||||||
| 24 |  (j) The Illinois State Police and certified firearms  | ||||||
| 25 | instructors shall recognize up to 8 hours of training already  | ||||||
| 26 | completed toward the 16 hour training requirement under this  | ||||||
 
  | |||||||
  | |||||||