Rep. Jerry Lee Long

Filed: 3/13/2018

 

 


 

 


 
10000HB4851ham001LRB100 18279 SLF 37435 a

1
AMENDMENT TO HOUSE BILL 4851

2    AMENDMENT NO. ______. Amend House Bill 4851 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Firearm Owners Identification Card Act is
5amended by changing Sections 1.1, 5, 7, and 13.2 and by adding
6Section 8.3 as follows:
 
7    (430 ILCS 65/1.1)  (from Ch. 38, par. 83-1.1)
8    Sec. 1.1. For purposes of this Act:
9    "Addicted to narcotics" means a person who has been:
10        (1) convicted of an offense involving the use or
11    possession of cannabis, a controlled substance, or
12    methamphetamine within the past year; or
13        (2) determined by the Department of State Police to be
14    addicted to narcotics based upon federal law or federal
15    guidelines.
16    "Addicted to narcotics" does not include possession or use

 

 

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1of a prescribed controlled substance under the direction and
2authority of a physician or other person authorized to
3prescribe the controlled substance when the controlled
4substance is used in the prescribed manner.
5    "Adjudicated as a person with a mental disability" means
6the person is the subject of a determination by a court, board,
7commission or other lawful authority that the person, as a
8result of marked subnormal intelligence, or mental illness,
9mental impairment, incompetency, condition, or disease:
10        (1) presents a clear and present danger to himself,
11    herself, or to others;
12        (2) lacks the mental capacity to manage his or her own
13    affairs or is adjudicated a person with a disability as
14    defined in Section 11a-2 of the Probate Act of 1975;
15        (3) is not guilty in a criminal case by reason of
16    insanity, mental disease or defect;
17        (3.5) is guilty but mentally ill, as provided in
18    Section 5-2-6 of the Unified Code of Corrections;
19        (4) is incompetent to stand trial in a criminal case;
20        (5) is not guilty by reason of lack of mental
21    responsibility under Articles 50a and 72b of the Uniform
22    Code of Military Justice, 10 U.S.C. 850a, 876b;
23        (6) is a sexually violent person under subsection (f)
24    of Section 5 of the Sexually Violent Persons Commitment
25    Act;
26        (7) is a sexually dangerous person under the Sexually

 

 

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1    Dangerous Persons Act;
2        (8) is unfit to stand trial under the Juvenile Court
3    Act of 1987;
4        (9) is not guilty by reason of insanity under the
5    Juvenile Court Act of 1987;
6        (10) is subject to involuntary admission as an
7    inpatient as defined in Section 1-119 of the Mental Health
8    and Developmental Disabilities Code;
9        (11) is subject to involuntary admission as an
10    outpatient as defined in Section 1-119.1 of the Mental
11    Health and Developmental Disabilities Code;
12        (12) is subject to judicial admission as set forth in
13    Section 4-500 of the Mental Health and Developmental
14    Disabilities Code; or
15        (13) is subject to the provisions of the Interstate
16    Agreements on Sexually Dangerous Persons Act.
17    "Clear and present danger" means a person who:
18        (1) communicates a serious threat of physical violence
19    against a reasonably identifiable victim or poses a clear
20    and imminent risk of serious physical injury to himself,
21    herself, or another person as determined by a physician,
22    clinical psychologist, or qualified examiner; or
23        (2) demonstrates threatening physical or verbal
24    behavior, such as violent, suicidal, or assaultive
25    threats, actions, or other behavior, as determined by a
26    physician, clinical psychologist, qualified examiner,

 

 

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1    school administrator, or law enforcement official.
2    "Clinical psychologist" has the meaning provided in
3Section 1-103 of the Mental Health and Developmental
4Disabilities Code.
5    "Controlled substance" means a controlled substance or
6controlled substance analog as defined in the Illinois
7Controlled Substances Act.
8    "Counterfeit" means to copy or imitate, without legal
9authority, with intent to deceive.
10    "Federally licensed firearm dealer" means a person who is
11licensed as a federal firearms dealer under Section 923 of the
12federal Gun Control Act of 1968 (18 U.S.C. 923).
13    "Firearm" means any device, by whatever name known, which
14is designed to expel a projectile or projectiles by the action
15of an explosion, expansion of gas or escape of gas; excluding,
16however:
17        (1) any pneumatic gun, spring gun, paint ball gun, or
18    B-B gun which expels a single globular projectile not
19    exceeding .18 inch in diameter or which has a maximum
20    muzzle velocity of less than 700 feet per second;
21        (1.1) any pneumatic gun, spring gun, paint ball gun, or
22    B-B gun which expels breakable paint balls containing
23    washable marking colors;
24        (2) any device used exclusively for signalling or
25    safety and required or recommended by the United States
26    Coast Guard or the Interstate Commerce Commission;

 

 

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1        (3) any device used exclusively for the firing of stud
2    cartridges, explosive rivets or similar industrial
3    ammunition; and
4        (4) an antique firearm (other than a machine-gun)
5    which, although designed as a weapon, the Department of
6    State Police finds by reason of the date of its
7    manufacture, value, design, and other characteristics is
8    primarily a collector's item and is not likely to be used
9    as a weapon.
10    "Firearm ammunition" means any self-contained cartridge or
11shotgun shell, by whatever name known, which is designed to be
12used or adaptable to use in a firearm; excluding, however:
13        (1) any ammunition exclusively designed for use with a
14    device used exclusively for signalling or safety and
15    required or recommended by the United States Coast Guard or
16    the Interstate Commerce Commission; and
17        (2) any ammunition designed exclusively for use with a
18    stud or rivet driver or other similar industrial
19    ammunition.
20    "Gun show" means an event or function:
21        (1) at which the sale and transfer of firearms is the
22    regular and normal course of business and where 50 or more
23    firearms are displayed, offered, or exhibited for sale,
24    transfer, or exchange; or
25        (2) at which not less than 10 gun show vendors display,
26    offer, or exhibit for sale, sell, transfer, or exchange

 

 

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1    firearms.
2    "Gun show" includes the entire premises provided for an
3event or function, including parking areas for the event or
4function, that is sponsored to facilitate the purchase, sale,
5transfer, or exchange of firearms as described in this Section.
6Nothing in this definition shall be construed to exclude a gun
7show held in conjunction with competitive shooting events at
8the World Shooting Complex sanctioned by a national governing
9body in which the sale or transfer of firearms is authorized
10under subparagraph (5) of paragraph (g) of subsection (A) of
11Section 24-3 of the Criminal Code of 2012.
12    Unless otherwise expressly stated, "gun show" does not
13include training or safety classes, competitive shooting
14events, such as rifle, shotgun, or handgun matches, trap,
15skeet, or sporting clays shoots, dinners, banquets, raffles, or
16any other event where the sale or transfer of firearms is not
17the primary course of business.
18    "Gun show promoter" means a person who organizes or
19operates a gun show.
20    "Gun show vendor" means a person who exhibits, sells,
21offers for sale, transfers, or exchanges any firearms at a gun
22show, regardless of whether the person arranges with a gun show
23promoter for a fixed location from which to exhibit, sell,
24offer for sale, transfer, or exchange any firearm.
25    "Involuntarily admitted" has the meaning as prescribed in
26Sections 1-119 and 1-119.1 of the Mental Health and

 

 

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1Developmental Disabilities Code.
2    "Mental health facility" means any licensed private
3hospital or hospital affiliate, institution, or facility, or
4part thereof, and any facility, or part thereof, operated by
5the State or a political subdivision thereof which provide
6treatment of persons with mental illness and includes all
7hospitals, institutions, clinics, evaluation facilities,
8mental health centers, colleges, universities, long-term care
9facilities, and nursing homes, or parts thereof, which provide
10treatment of persons with mental illness whether or not the
11primary purpose is to provide treatment of persons with mental
12illness.
13    "National governing body" means a group of persons who
14adopt rules and formulate policy on behalf of a national
15firearm sporting organization.
16    "Patient" means:
17        (1) a person who is admitted as an inpatient or
18    resident of a public or private mental health facility for
19    mental health treatment under Chapter III of the Mental
20    Health and Developmental Disabilities Code as an informal
21    admission, a voluntary admission, a minor admission, an
22    emergency admission, or an involuntary admission,
23    voluntarily receives mental health treatment as an
24    in-patient or resident of any public or private mental
25    health facility, unless the treatment was solely for an
26    alcohol abuse disorder and no other secondary substance

 

 

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1    abuse disorder or mental illness; or
2        (2) a person who voluntarily or involuntarily receives
3    mental health treatment as an out-patient or is otherwise
4    provided services by a public or private mental health
5    facility, and who poses a clear and present danger to
6    himself, herself, or to others.
7    "Person with a developmental disability" means a person
8with a disability which is attributable to any other condition
9which results in impairment similar to that caused by an
10intellectual disability and which requires services similar to
11those required by persons with intellectual disabilities. The
12disability must originate before the age of 18 years, be
13expected to continue indefinitely, and constitute a
14substantial disability. This disability results, in the
15professional opinion of a physician, clinical psychologist, or
16qualified examiner, in significant functional limitations in 3
17or more of the following areas of major life activity:
18        (i) self-care;
19        (ii) receptive and expressive language;
20        (iii) learning;
21        (iv) mobility; or
22        (v) self-direction.
23    "Person with an intellectual disability" means a person
24with a significantly subaverage general intellectual
25functioning which exists concurrently with impairment in
26adaptive behavior and which originates before the age of 18

 

 

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1years.
2    "Physician" has the meaning as defined in Section 1-120 of
3the Mental Health and Developmental Disabilities Code.
4    "Qualified examiner" has the meaning provided in Section
51-122 of the Mental Health and Developmental Disabilities Code.
6    "Sanctioned competitive shooting event" means a shooting
7contest officially recognized by a national or state shooting
8sport association, and includes any sight-in or practice
9conducted in conjunction with the event.
10    "School administrator" means the person required to report
11under the School Administrator Reporting of Mental Health Clear
12and Present Danger Determinations Law.
13    "Stun gun or taser" has the meaning ascribed to it in
14Section 24-1 of the Criminal Code of 2012.
15(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143,
16eff. 7-27-15; 99-642, eff. 7-28-16.)
 
17    (430 ILCS 65/5)  (from Ch. 38, par. 83-5)
18    Sec. 5. Application and renewal.
19    (a) The Department of State Police shall either approve or
20deny all applications within 30 days from the date they are
21received, except as provided in subsection (b) of this Section,
22and every applicant found qualified under Section 8 of this Act
23by the Department shall be entitled to a Firearm Owner's
24Identification Card upon the payment of a $10 fee. Any
25applicant who is an active duty member of the Armed Forces of

 

 

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1the United States, a member of the Illinois National Guard, or
2a member of the Reserve Forces of the United States is exempt
3from the application fee. $6 of each fee derived from the
4issuance of Firearm Owner's Identification Cards, or renewals
5thereof, shall be deposited in the Wildlife and Fish Fund in
6the State Treasury; $1 of the fee shall be deposited in the
7State Police Services Fund and $3 of the fee shall be deposited
8in the State Police Firearm Services Fund.
9    (b) Renewal applications shall be approved or denied within
1060 business days, provided the applicant submitted his or her
11renewal application prior to the expiration of his or her
12Firearm Owner's Identification Card. If a renewal application
13has been submitted prior to the expiration date of the
14applicant's Firearm Owner's Identification Card, the Firearm
15Owner's Identification Card shall remain valid while the
16Department processes the application, unless the person is
17subject to or becomes subject to revocation under this Act. The
18cost for a renewal application shall be $10 which shall be
19deposited into the State Police Firearm Services Fund.
20(Source: P.A. 98-63, eff. 7-9-13.)
 
21    (430 ILCS 65/7)  (from Ch. 38, par. 83-7)
22    Sec. 7. Validity of Firearm Owner's Identification Card.
23    (a) Except as provided in Section 8 of this Act or
24subsection (b) of this Section, a Firearm Owner's
25Identification Card issued under the provisions of this Act

 

 

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1shall be valid for the person to whom it is issued for a period
2of 10 years from the date of issuance.
3    (b) If a renewal application is submitted to the Department
4before the expiration date of the applicant's current Firearm
5Owner's Identification Card, the Firearm Owner's
6Identification Card shall remain valid for a period of 60
7business days, unless the person is subject to or becomes
8subject to revocation under this Act.
9(Source: P.A. 95-581, eff. 6-1-08.)
 
10    (430 ILCS 65/8.3 new)
11    Sec. 8.3. Suspension of Firearm Owner's Identification
12Card. The Department of State Police may, by rule in a manner
13consistent with the Department's rules concerning revocation,
14provide for the suspension of the Firearm Owner's
15Identification Card of a person whose Firearm Owner's
16Identification Card is subject to revocation and seizure under
17this Act for the duration of the disqualification if the
18disqualification is not a permanent grounds for revocation of a
19Firearm Owner's Identification Card under this Act.
 
20    (430 ILCS 65/13.2)  (from Ch. 38, par. 83-13.2)
21    Sec. 13.2. Renewal; name or address change; replacement
22card. The Department of State Police shall, 60 days prior to
23the expiration of a Firearm Owner's Identification Card,
24forward by first class mail to each person whose card is to

 

 

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1expire a notification of the expiration of the card and
2instructions for renewal an application which may be used to
3apply for renewal of the card. It is the obligation of the
4holder of a Firearm Owner's Identification Card to notify the
5Department of State Police of any address change since the
6issuance of the Firearm Owner's Identification Card. Whenever
7any person moves from the residence address named on his or her
8card, the person shall within 21 calendar days thereafter
9notify in a form and manner prescribed by the Department of his
10or her old and new residence addresses and the card number held
11by him or her. Any person whose legal name has changed from the
12name on the card that he or she has been previously issued must
13apply for a corrected card within 30 calendar days after the
14change. The cost for a corrected card shall be $5. The cost for
15replacement of a card which has been lost, destroyed, or stolen
16shall be $5 if the loss, destruction, or theft of the card is
17reported to the Department of State Police. The fees collected
18under this Section which shall be deposited into the State
19Police Firearm Services Fund.
20(Source: P.A. 97-1131, eff. 1-1-13; 98-63, eff. 7-9-13.)
 
21    Section 10. The Firearm Concealed Carry Act is amended by
22changing Section 65 as follows:
 
23    (430 ILCS 66/65)
24    Sec. 65. Prohibited areas.

 

 

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1    (a) A licensee under this Act shall not knowingly carry a
2firearm on or into:
3        (1) Any building, real property, and parking area under
4    the control of a public or private elementary or secondary
5    school.
6        (2) Any building, real property, and parking area under
7    the control of a pre-school or child care facility,
8    including any room or portion of a building under the
9    control of a pre-school or child care facility. Nothing in
10    this paragraph shall prevent the operator of a child care
11    facility in a family home from owning or possessing a
12    firearm in the home or license under this Act, if no child
13    under child care at the home is present in the home or the
14    firearm in the home is stored in a locked container when a
15    child under child care at the home is present in the home.
16        (3) Any building, parking area, or portion of a
17    building under the control of an officer of the executive
18    or legislative branch of government, provided that nothing
19    in this paragraph shall prohibit a licensee from carrying a
20    concealed firearm onto the real property, bikeway, or trail
21    in a park regulated by the Department of Natural Resources
22    or any other designated public hunting area or building
23    where firearm possession is permitted as established by the
24    Department of Natural Resources under Section 1.8 of the
25    Wildlife Code.
26        (4) Any building designated for matters before a

 

 

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1    circuit court, appellate court, or the Supreme Court, or
2    any building or portion of a building under the control of
3    the Supreme Court.
4        (5) Any building or portion of a building under the
5    control of a unit of local government.
6        (6) Any building, real property, and parking area under
7    the control of an adult or juvenile detention or
8    correctional institution, prison, or jail.
9        (7) Any building, real property, and parking area under
10    the control of a public or private hospital or hospital
11    affiliate, mental health facility, or nursing home.
12        (8) Any bus, train, or form of transportation paid for
13    in whole or in part with public funds, and any building,
14    real property, and parking area under the control of a
15    public transportation facility paid for in whole or in part
16    with public funds.
17        (9) Any building, real property, and parking area under
18    the control of an establishment that serves alcohol on its
19    premises, if more than 50% of the establishment's gross
20    receipts within the prior 3 months is from the sale of
21    alcohol. The owner of an establishment who knowingly fails
22    to prohibit concealed firearms on its premises as provided
23    in this paragraph or who knowingly makes a false statement
24    or record to avoid the prohibition on concealed firearms
25    under this paragraph is subject to the penalty under
26    subsection (c-5) of Section 10-1 of the Liquor Control Act

 

 

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1    of 1934.
2        (10) Any public gathering or special event conducted on
3    property open to the public that requires the issuance of a
4    permit from the unit of local government, provided this
5    prohibition shall not apply to a licensee who must walk
6    through a public gathering in order to access his or her
7    residence, place of business, or vehicle.
8        (11) Any building or real property that has been issued
9    a Special Event Retailer's license as defined in Section
10    1-3.17.1 of the Liquor Control Act during the time
11    designated for the sale of alcohol by the Special Event
12    Retailer's license, or a Special use permit license as
13    defined in subsection (q) of Section 5-1 of the Liquor
14    Control Act during the time designated for the sale of
15    alcohol by the Special use permit license.
16        (12) Any public playground.
17        (13) Any public park, athletic area, or athletic
18    facility under the control of a municipality or park
19    district, provided nothing in this Section shall prohibit a
20    licensee from carrying a concealed firearm while on a trail
21    or bikeway if only a portion of the trail or bikeway
22    includes a public park.
23        (14) Any real property under the control of the Cook
24    County Forest Preserve District.
25        (15) Any building, classroom, laboratory, medical
26    clinic, hospital, artistic venue, athletic venue,

 

 

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1    entertainment venue, officially recognized
2    university-related organization property, whether owned or
3    leased, and any real property, including parking areas,
4    sidewalks, and common areas under the control of a public
5    or private community college, college, or university.
6        (16) Any building, real property, or parking area under
7    the control of a gaming facility licensed under the
8    Riverboat Gambling Act or the Illinois Horse Racing Act of
9    1975, including an inter-track wagering location licensee.
10        (17) Any stadium, arena, or the real property or
11    parking area under the control of a stadium, arena, or any
12    collegiate or professional sporting event.
13        (18) Any building, real property, or parking area under
14    the control of a public library.
15        (19) Any building, real property, or parking area under
16    the control of an airport.
17        (20) Any building, real property, or parking area under
18    the control of an amusement park.
19        (21) Any building, real property, or parking area under
20    the control of a zoo or museum.
21        (22) Any street, driveway, parking area, property,
22    building, or facility, owned, leased, controlled, or used
23    by a nuclear energy, storage, weapons, or development site
24    or facility regulated by the federal Nuclear Regulatory
25    Commission. The licensee shall not under any circumstance
26    store a firearm or ammunition in his or her vehicle or in a

 

 

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1    compartment or container within a vehicle located anywhere
2    in or on the street, driveway, parking area, property,
3    building, or facility described in this paragraph.
4        (23) Any area where firearms are prohibited under
5    federal law.
6    (a-5) Nothing in this Act shall prohibit a public or
7private community college, college, or university from:
8        (1) prohibiting persons from carrying a firearm within
9    a vehicle owned, leased, or controlled by the college or
10    university;
11        (2) developing resolutions, regulations, or policies
12    regarding student, employee, or visitor misconduct and
13    discipline, including suspension and expulsion;
14        (3) developing resolutions, regulations, or policies
15    regarding the storage or maintenance of firearms, which
16    must include designated areas where persons can park
17    vehicles that carry firearms; and
18        (4) permitting the carrying or use of firearms for the
19    purpose of instruction and curriculum of officially
20    recognized programs, including but not limited to military
21    science and law enforcement training programs, or in any
22    designated area used for hunting purposes or target
23    shooting.
24    (a-10) The owner of private real property of any type may
25prohibit the carrying of concealed firearms on the property
26under his or her control. The owner must post a sign in

 

 

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1accordance with subsection (d) of this Section indicating that
2firearms are prohibited on the property, unless the property is
3a private residence.
4    (b) Notwithstanding subsections (a), (a-5), and (a-10) of
5this Section except under paragraph (22) or (23) of subsection
6(a), any licensee prohibited from carrying a concealed firearm
7into the parking area of a prohibited location specified in
8subsection (a), (a-5), or (a-10) of this Section shall be
9permitted to carry a concealed firearm on or about his or her
10person within a vehicle into the parking area and may store a
11firearm or ammunition concealed in a case within a locked
12vehicle or locked container out of plain view within the
13vehicle in the parking area. A licensee may carry a concealed
14firearm in the immediate area surrounding his or her vehicle
15within a prohibited parking lot area only for the limited
16purpose of storing or retrieving a firearm within the vehicle's
17trunk. For purposes of this subsection, "case" includes a glove
18compartment or console that completely encloses the concealed
19firearm or ammunition, the trunk of the vehicle, or a firearm
20carrying box, shipping box, or other container.
21    (c) A licensee shall not be in violation of this Section
22while he or she is traveling along a public right of way that
23touches or crosses any of the premises under subsection (a),
24(a-5), or (a-10) of this Section if the concealed firearm is
25carried on his or her person in accordance with the provisions
26of this Act or is being transported in a vehicle by the

 

 

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1licensee in accordance with all other applicable provisions of
2law.
3    (c-5) A licensee under this Act who is a current member of
4the General Assembly or State employee shall not be in
5violation of this Section when he or she carries a concealed
6weapon on State property, except he or she shall not carry a
7concealed weapon on the grounds of the Capitol Complex.
8    (d) Signs stating that the carrying of firearms is
9prohibited shall be clearly and conspicuously posted at the
10entrance of a building, premises, or real property specified in
11this Section as a prohibited area, unless the building or
12premises is a private residence. Signs shall be of a uniform
13design as established by the Department and shall be 4 inches
14by 6 inches in size. The Department shall adopt rules for
15standardized signs to be used under this subsection.
16(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)".