Rep. Barbara Wheeler
Filed: 4/16/2018
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1 | AMENDMENT TO HOUSE BILL 4218
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2 | AMENDMENT NO. ______. Amend House Bill 4218 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Firearm Owners Identification Card Act is | ||||||
5 | amended by changing Section 1.1 as follows:
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6 | (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
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7 | Sec. 1.1. For purposes of this Act:
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8 | "Addicted to narcotics" means a person who has been: | ||||||
9 | (1) convicted of an offense involving the use or | ||||||
10 | possession of cannabis, a controlled substance, or | ||||||
11 | methamphetamine within the past year; or | ||||||
12 | (2) determined by the Department of State Police to be | ||||||
13 | addicted to narcotics based upon federal law or federal | ||||||
14 | guidelines. | ||||||
15 | "Addicted to narcotics" does not include possession or use | ||||||
16 | of a prescribed controlled substance under the direction and |
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1 | authority of a physician or other person authorized to | ||||||
2 | prescribe the controlled substance when the controlled | ||||||
3 | substance is used in the prescribed manner. | ||||||
4 | "Adjudicated as a person with a mental disability" means | ||||||
5 | the person is the subject of a determination by a court, board, | ||||||
6 | commission or other lawful authority that the person, as a | ||||||
7 | result of marked subnormal intelligence, or mental illness, | ||||||
8 | mental impairment, incompetency, condition, or disease: | ||||||
9 | (1) presents a clear and present danger to himself, | ||||||
10 | herself, or to others; | ||||||
11 | (2) lacks the mental capacity to manage his or her own | ||||||
12 | affairs or is adjudicated a person with a disability as | ||||||
13 | defined in Section 11a-2 of the Probate Act of 1975; | ||||||
14 | (3) is not guilty in a criminal case by reason of | ||||||
15 | insanity, mental disease or defect; | ||||||
16 | (3.5) is guilty but mentally ill, as provided in | ||||||
17 | Section 5-2-6 of the Unified Code of Corrections; | ||||||
18 | (4) is incompetent to stand trial in a criminal case; | ||||||
19 | (5) is not guilty by reason of lack of mental | ||||||
20 | responsibility under Articles 50a and 72b of the Uniform | ||||||
21 | Code of Military Justice, 10 U.S.C. 850a, 876b;
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22 | (6) is a sexually violent person under subsection (f) | ||||||
23 | of Section 5 of the Sexually Violent Persons Commitment | ||||||
24 | Act; | ||||||
25 | (7) is a sexually dangerous person under the Sexually | ||||||
26 | Dangerous Persons Act; |
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1 | (8) is unfit to stand trial under the Juvenile Court | ||||||
2 | Act of 1987; | ||||||
3 | (9) is not guilty by reason of insanity under the | ||||||
4 | Juvenile Court Act of 1987; | ||||||
5 | (10) is subject to involuntary admission as an | ||||||
6 | inpatient as defined in Section 1-119 of the Mental Health | ||||||
7 | and Developmental Disabilities Code; | ||||||
8 | (11) is subject to involuntary admission as an | ||||||
9 | outpatient as defined in Section 1-119.1 of the Mental | ||||||
10 | Health and Developmental Disabilities Code; | ||||||
11 | (12) is subject to judicial admission as set forth in | ||||||
12 | Section 4-500 of the Mental Health and Developmental | ||||||
13 | Disabilities Code; or | ||||||
14 | (13) is subject to the provisions of the Interstate | ||||||
15 | Agreements on Sexually Dangerous Persons Act. | ||||||
16 | "Clear and present danger" means a person who: | ||||||
17 | (1) communicates a serious threat of physical violence | ||||||
18 | against a reasonably identifiable victim or poses a clear | ||||||
19 | and imminent risk of serious physical injury to himself, | ||||||
20 | herself, or another person as determined by a physician, | ||||||
21 | clinical psychologist, or qualified examiner; or | ||||||
22 | (2) demonstrates threatening physical or verbal | ||||||
23 | behavior, such as violent, suicidal, or assaultive | ||||||
24 | threats, actions, or other behavior, as determined by a | ||||||
25 | physician, clinical psychologist, qualified examiner, | ||||||
26 | school administrator, or law enforcement official. |
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1 | "Clinical psychologist" has the meaning provided in | ||||||
2 | Section 1-103 of the Mental Health and Developmental | ||||||
3 | Disabilities Code. | ||||||
4 | "Controlled substance" means a controlled substance or | ||||||
5 | controlled substance analog as defined in the Illinois | ||||||
6 | Controlled Substances Act. | ||||||
7 | "Counterfeit" means to copy or imitate, without legal | ||||||
8 | authority, with
intent
to deceive. | ||||||
9 | "Federally licensed firearm dealer" means a person who is | ||||||
10 | licensed as a federal firearms dealer under Section 923 of the | ||||||
11 | federal Gun Control Act of 1968 (18 U.S.C. 923).
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12 | "Firearm" means any device, by
whatever name known, which | ||||||
13 | is designed to expel a projectile or projectiles
by the action | ||||||
14 | of an explosion, expansion of gas or escape of gas; excluding,
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15 | however:
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16 | (1) any pneumatic gun, spring gun, paint ball gun, or | ||||||
17 | B-B gun which
expels a single globular projectile not | ||||||
18 | exceeding .18 inch in
diameter or which has a maximum | ||||||
19 | muzzle velocity of less than 700 feet
per second;
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20 | (1.1) any pneumatic gun, spring gun, paint ball gun, or | ||||||
21 | B-B gun which expels breakable paint balls containing | ||||||
22 | washable marking colors; | ||||||
23 | (2) any device used exclusively for signalling or | ||||||
24 | safety and required or
recommended by the United States | ||||||
25 | Coast Guard or the Interstate Commerce
Commission;
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26 | (3) any device used exclusively for the firing of stud |
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1 | cartridges,
explosive rivets or similar industrial | ||||||
2 | ammunition; and
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3 | (4) an antique firearm (other than a machine-gun) | ||||||
4 | which, although
designed as a weapon, the Department of | ||||||
5 | State Police finds by reason of
the date of its | ||||||
6 | manufacture, value, design, and other characteristics is
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7 | primarily a collector's item and is not likely to be used | ||||||
8 | as a weapon.
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9 | "Firearm ammunition" means any self-contained cartridge or | ||||||
10 | shotgun
shell, by whatever name known, which is designed to be | ||||||
11 | used or adaptable to
use in a firearm; excluding, however:
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12 | (1) any ammunition exclusively designed for use with a | ||||||
13 | device used
exclusively for signalling or safety and | ||||||
14 | required or recommended by the
United States Coast Guard or | ||||||
15 | the Interstate Commerce Commission; and
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16 | (2) any ammunition designed exclusively for use with a | ||||||
17 | stud or rivet
driver or other similar industrial | ||||||
18 | ammunition. | ||||||
19 | "Gun show" means an event or function: | ||||||
20 | (1) at which the sale and transfer of firearms is the | ||||||
21 | regular and normal course of business and where 50 or more | ||||||
22 | firearms are displayed, offered, or exhibited for sale, | ||||||
23 | transfer, or exchange; or | ||||||
24 | (2) at which not less than 10 gun show vendors display, | ||||||
25 | offer, or exhibit for sale, sell, transfer, or exchange | ||||||
26 | firearms.
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1 | "Gun show" includes the entire premises provided for an | ||||||
2 | event or function, including parking areas for the event or | ||||||
3 | function, that is sponsored to facilitate the purchase, sale, | ||||||
4 | transfer, or exchange of firearms as described in this Section.
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5 | Nothing in this definition shall be construed to exclude a gun | ||||||
6 | show held in conjunction with competitive shooting events at | ||||||
7 | the World Shooting Complex sanctioned by a national governing | ||||||
8 | body in which the sale or transfer of firearms is authorized | ||||||
9 | under subparagraph (5) of paragraph (g) of subsection (A) of | ||||||
10 | Section 24-3 of the Criminal Code of 2012. | ||||||
11 | Unless otherwise expressly stated, "gun show" does not | ||||||
12 | include training or safety classes, competitive shooting | ||||||
13 | events, such as rifle, shotgun, or handgun matches, trap, | ||||||
14 | skeet, or sporting clays shoots, dinners, banquets, raffles, or
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15 | any other event where the sale or transfer of firearms is not | ||||||
16 | the primary course of business. | ||||||
17 | "Gun show promoter" means a person who organizes or | ||||||
18 | operates a gun show. | ||||||
19 | "Gun show vendor" means a person who exhibits, sells, | ||||||
20 | offers for sale, transfers, or exchanges any firearms at a gun | ||||||
21 | show, regardless of whether the person arranges with a gun show | ||||||
22 | promoter for a fixed location from which to exhibit, sell, | ||||||
23 | offer for sale, transfer, or exchange any firearm. | ||||||
24 | "Involuntarily admitted" has the meaning as prescribed in | ||||||
25 | Sections 1-119 and 1-119.1 of the Mental Health and | ||||||
26 | Developmental Disabilities Code. |
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1 | "Mental health facility" means any licensed private | ||||||
2 | hospital or hospital affiliate, institution, or facility, or | ||||||
3 | part thereof, and any facility, or part thereof, operated by | ||||||
4 | the State or a political subdivision thereof which provide | ||||||
5 | treatment of persons with mental illness and includes all | ||||||
6 | hospitals, institutions, clinics, evaluation facilities, | ||||||
7 | mental health centers, colleges, universities, long-term care | ||||||
8 | facilities, and nursing homes, or parts thereof, which provide | ||||||
9 | treatment of persons with mental illness whether or not the | ||||||
10 | primary purpose is to provide treatment of persons with mental | ||||||
11 | illness. | ||||||
12 | "National governing body" means a group of persons who | ||||||
13 | adopt rules and formulate policy on behalf of a national | ||||||
14 | firearm sporting organization. | ||||||
15 | "Patient" means: | ||||||
16 | (1) a person who is admitted as an inpatient or | ||||||
17 | resident of a public or private mental health facility for | ||||||
18 | mental health treatment under Chapter III of the Mental | ||||||
19 | Health and Developmental Disabilities Code as an informal | ||||||
20 | admission, a voluntary admission, a minor admission, an | ||||||
21 | emergency admission, or an involuntary admission, | ||||||
22 | voluntarily receives mental health treatment as an | ||||||
23 | in-patient or resident of any public or private mental | ||||||
24 | health facility, unless the treatment was solely for an | ||||||
25 | alcohol abuse disorder and no other secondary substance | ||||||
26 | abuse disorder or mental illness ; or |
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1 | (2) a person who voluntarily or involuntarily receives | ||||||
2 | mental health treatment as an out-patient or is otherwise | ||||||
3 | provided services by a public or private mental health | ||||||
4 | facility, and who poses a clear and present danger to | ||||||
5 | himself, herself, or to others. | ||||||
6 | "Person with a developmental disability" means a person | ||||||
7 | with a disability which is attributable to any other condition | ||||||
8 | which results in impairment similar to that caused by an | ||||||
9 | intellectual disability and which requires services similar to | ||||||
10 | those required by persons with intellectual disabilities. The | ||||||
11 | disability must originate before the age of 18
years, be | ||||||
12 | expected to continue indefinitely, and constitute a | ||||||
13 | substantial disability. This disability results, in the | ||||||
14 | professional opinion of a physician, clinical psychologist, or | ||||||
15 | qualified examiner, in significant functional limitations in 3 | ||||||
16 | or more of the following areas of major life activity: | ||||||
17 | (i) self-care; | ||||||
18 | (ii) receptive and expressive language; | ||||||
19 | (iii) learning; | ||||||
20 | (iv) mobility; or | ||||||
21 | (v) self-direction. | ||||||
22 | "Person with an intellectual disability" means a person | ||||||
23 | with a significantly subaverage general intellectual | ||||||
24 | functioning which exists concurrently with impairment in | ||||||
25 | adaptive behavior and which originates before the age of 18 | ||||||
26 | years. |
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1 | "Physician" has the meaning as defined in Section 1-120 of | ||||||
2 | the Mental Health and Developmental Disabilities Code. | ||||||
3 | "Qualified examiner" has the meaning provided in Section | ||||||
4 | 1-122 of the Mental Health and Developmental Disabilities Code. | ||||||
5 | "Sanctioned competitive shooting event" means a shooting | ||||||
6 | contest officially recognized by a national or state shooting | ||||||
7 | sport association, and includes any sight-in or practice | ||||||
8 | conducted in conjunction with the event.
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9 | "School administrator" means the person required to report | ||||||
10 | under the School Administrator Reporting of Mental Health Clear | ||||||
11 | and Present Danger Determinations Law. | ||||||
12 | "Stun gun or taser" has the meaning ascribed to it in | ||||||
13 | Section 24-1 of the Criminal Code of 2012. | ||||||
14 | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143, | ||||||
15 | eff. 7-27-15; 99-642, eff. 7-28-16.)".
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