ILCS » Chapter 430 · Act 66

430 ILCS 66/40

Non-resident license applications

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(430 ILCS 66/40)
    Sec. 40. Non-resident license applications.
    (a) For the purposes of this Section, "non-resident" means a person who has not resided within this State for more than 30 days and resides in another state or territory.
    (b) The Illinois State Police shall by rule allow for non-resident license applications from any 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 this Act.
    (c) A resident of a state or territory approved by the Illinois State Police under subsection (b) of this Section may apply for a non-resident license. The applicant shall apply to the Illinois State Police and must meet all of the qualifications established in Section 25 of this Act, except for the Illinois residency requirement in item (xiv) of paragraph (2) of subsection (a) of Section 4 of the Firearm Owners Identification Card Act. The applicant shall submit:
        (1) the application and documentation required under
    
Section 30 of this Act and the applicable fee;
        (2) a notarized document stating that the applicant:
            (A) is eligible under federal law and the laws of
        
his or her state or territory of residence to own or possess a firearm;
            (B) if applicable, has a license or permit to
        
carry a firearm or concealed firearm issued by his or her state or territory of residence and attach a copy of the license or permit to the application;
            (C) understands Illinois laws pertaining to the
        
possession and transport of firearms; and
            (D) acknowledges that the applicant is subject to
        
the jurisdiction of the Illinois State Police and Illinois courts for any violation of this Act;
        (3) a photocopy of any certificates or other evidence
    
of compliance with the training requirements under Section 75 of this Act; and
        (4) a head and shoulder color photograph in a size
    
specified by the Illinois State Police taken within the 30 days preceding the date of the application.
    (d) In lieu of an Illinois driver's license or Illinois identification card, a non-resident applicant shall provide similar documentation from his or her state or territory of residence. In lieu of a valid Firearm Owner's Identification Card, the applicant shall submit documentation and information required by the Illinois State Police to obtain a Firearm Owner's Identification Card, including an affidavit that the non-resident meets the mental health standards to obtain a firearm under Illinois law, and the Illinois State Police shall ensure that the applicant would meet the eligibility criteria to obtain a Firearm Owner's Identification card if he or she was a resident of this State.
    (e) Nothing in this Act shall prohibit a non-resident from transporting a concealed firearm within his or her vehicle in Illinois, if the concealed firearm remains within his or her vehicle and the non-resident:
        (1) is not prohibited from owning or possessing a
    
firearm under federal law;
        (2) is eligible to carry a firearm in public under
    
the laws of his or her state or territory of residence, as evidenced by the possession of a concealed carry license or permit issued by his or her state of residence, if applicable; and
        (3) is not in possession of a license under this Act.
    If the non-resident leaves his or her vehicle unattended, he or she shall store the firearm within a locked vehicle or locked container within the vehicle in accordance with subsection (b) of Section 65 of this Act.
(Source: P.A. 102-538, eff. 8-20-21.)

    
Notes of Decisions
Cited in 8 cases (4 in the last 5 years), 2016–2025 · leading case: Kevin Culp v. Lisa Madigan
Sort: Relevance Newest Treatment
Kevin Culp v. Lisa Madigan (2016) ca7 · cites it 8× “430 ILCS 66/40(b), 66/40(c)(2). A state’s gun laws are deemed No.”
Culp v. Madigan (2017) ilcd · cites it 12× “Plaintiffs allege that Section 40 of the Illinois Firearm Concealed Carry Act (Concealed Carry Act) (430 ILCS 66/40) and all other statutory language that restricts otherwise-qualified nonresidents of Illinois of the rights and privileges of carrying concealed firearms, based…”
Kevin Culp v. Kwame Raoul (2019) ca7 · cites it 6× “430 ILCS 66/40(b). The law of another state is deemed “substantially similar” if the state, like Illinois, (1) regulates who may carry firearms in public; (2) prohibits those with involuntary mental health 8 No.”
People v. Hatch (2022) illappct · cites it 2× “” See 430 ILCS 66/40(e) (West 2020). Accordingly, defendant contended he was not required to obtain either a FOID card or a concealed carry license before possessing a firearm in Illinois and was innocent of the charged offenses.”
Barnes v. Gibbons (2021) illappct · cites it 2× “¶ 25 And contrary to the assertions by the plaintiff regarding the rights under the Virginia permit, pursuant to section 40 of the Illinois Firearm Concealed Carry Act (Concealed Carry Act) (430 ILCS 66/40 (West 2018)), Illinois law requires nonresidents to apply for an Illinois…”
Kevin Culp v. Kwame Raoul (2019) ca7 · cites it 3× “430 ILCS 66/40(b). The law of another state is deemed “substantially similar” if the state, like Illinois, (1) regulates who may carry firearms in public; (2) prohibits those with involuntary mental health 8 No.”
People v. Fedrick (2025) illappct “2 Concealed Carry Act (Concealed Carry Act) (430 ILCS 66/40(e) (West 2020)), and therefore dismissal was necessary under section 114-1(a)(8) of the Code of Criminal Procedure of 1963 (725 ILCS 5/114-1(a)(8) (West 2020)).”
People v. Abdullah (2025) illappct “” The State acknowledged the circuit court’s position and then argued that, in looking at section 40(e), it must be read in conjunction with the rest of section 40 of the CCA (430 ILCS 66/40 (West 2020)), which, aside from subsection 40(e), primarily addresses nonresident…”
— 430 ILCS 66/40(b) — 4 cases
Kevin Culp v. Lisa Madigan (2016) ca7 “430 ILCS 66/40(b), 66/40(c)(2). A state’s gun laws are deemed No.”
Kevin Culp v. Kwame Raoul (2019) ca7 “430 ILCS 66/40(b). The law of another state is deemed “substantially similar” if the state, like Illinois, (1) regulates who may carry firearms in public; (2) prohibits those with involuntary mental health 8 No.”
Culp v. Madigan (2017) ilcd “Plaintiffs allege that Section 40 of the Illinois Firearm Concealed Carry Act (Concealed Carry Act) (430 ILCS 66/40) and all other statutory language that restricts otherwise-qualified nonresidents of Illinois of the rights and privileges of carrying concealed firearms, based…”
Kevin Culp v. Kwame Raoul (2019) ca7 “430 ILCS 66/40(b). The law of another state is deemed “substantially similar” if the state, like Illinois, (1) regulates who may carry firearms in public; (2) prohibits those with involuntary mental health 8 No.”
— 430 ILCS 66/40(c) — 1 case
Culp v. Madigan (2017) ilcd “Plaintiffs allege that Section 40 of the Illinois Firearm Concealed Carry Act (Concealed Carry Act) (430 ILCS 66/40) and all other statutory language that restricts otherwise-qualified nonresidents of Illinois of the rights and privileges of carrying concealed firearms, based…”
— 430 ILCS 66/40(c)(1) — 1 case
Culp v. Madigan (2017) ilcd “Plaintiffs allege that Section 40 of the Illinois Firearm Concealed Carry Act (Concealed Carry Act) (430 ILCS 66/40) and all other statutory language that restricts otherwise-qualified nonresidents of Illinois of the rights and privileges of carrying concealed firearms, based…”
— 430 ILCS 66/40(c)(2) — 1 case
Culp v. Madigan (2017) ilcd “Plaintiffs allege that Section 40 of the Illinois Firearm Concealed Carry Act (Concealed Carry Act) (430 ILCS 66/40) and all other statutory language that restricts otherwise-qualified nonresidents of Illinois of the rights and privileges of carrying concealed firearms, based…”
— 430 ILCS 66/40(c)(3) — 1 case
Culp v. Madigan (2017) ilcd “Plaintiffs allege that Section 40 of the Illinois Firearm Concealed Carry Act (Concealed Carry Act) (430 ILCS 66/40) and all other statutory language that restricts otherwise-qualified nonresidents of Illinois of the rights and privileges of carrying concealed firearms, based…”
— 430 ILCS 66/40(d) — 1 case
Culp v. Madigan (2017) ilcd “Plaintiffs allege that Section 40 of the Illinois Firearm Concealed Carry Act (Concealed Carry Act) (430 ILCS 66/40) and all other statutory language that restricts otherwise-qualified nonresidents of Illinois of the rights and privileges of carrying concealed firearms, based…”
— 430 ILCS 66/40(e) — 7 cases
Kevin Culp v. Kwame Raoul (2019) ca7 “430 ILCS 66/40(b). The law of another state is deemed “substantially similar” if the state, like Illinois, (1) regulates who may carry firearms in public; (2) prohibits those with involuntary mental health 8 No.”
Kevin Culp v. Lisa Madigan (2016) ca7 “430 ILCS 66/40(b), 66/40(c)(2). A state’s gun laws are deemed No.”
Culp v. Madigan (2017) ilcd “Plaintiffs allege that Section 40 of the Illinois Firearm Concealed Carry Act (Concealed Carry Act) (430 ILCS 66/40) and all other statutory language that restricts otherwise-qualified nonresidents of Illinois of the rights and privileges of carrying concealed firearms, based…”
People v. Hatch (2022) illappct “” See 430 ILCS 66/40(e) (West 2020). Accordingly, defendant contended he was not required to obtain either a FOID card or a concealed carry license before possessing a firearm in Illinois and was innocent of the charged offenses.”
Barnes v. Gibbons (2021) illappct “¶ 25 And contrary to the assertions by the plaintiff regarding the rights under the Virginia permit, pursuant to section 40 of the Illinois Firearm Concealed Carry Act (Concealed Carry Act) (430 ILCS 66/40 (West 2018)), Illinois law requires nonresidents to apply for an Illinois…”
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