Current through Public Act 122 of the 2024 Legislative Session
Section 28.426 - Issuance of license; conditions(1) An issuing agency shall not issue a license to an applicant under section 2 unless both of the following apply:(a) The issuing agency has determined through the federal national instant criminal background check system that the applicant is not prohibited under federal law from possessing or transporting a firearm.(b) If the applicant is not a United States citizen, the issuing agency has verified through the United States Immigration and Customs Enforcement databases that the applicant is not an illegal alien or a nonimmigrant alien.(2) A county clerk shall not issue a license to an applicant under section 5b unless both of the following apply:(a) The department of state police, or the county sheriff under section 5a(4), has determined through the federal national instant criminal background check system that the applicant is not prohibited under federal law from possessing or transporting a firearm.(b) If the applicant is not a United States citizen, the department of state police has verified through the United States Immigration and Customs Enforcement databases that the applicant is not an illegal alien or a nonimmigrant alien.Amended by 2017, Act 95,s 8, eff. 10/11/2017.Added by 2005, Act 242, s 1, eff. 11/22/2005.Former section 28.426 was repealed by 2000, Act 381, Eff. July 1, 2001.