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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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