Rep. Barbara Wheeler
Filed: 3/14/2018
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1 | AMENDMENT TO HOUSE BILL 4855
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2 | AMENDMENT NO. ______. Amend House Bill 4855 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 Sections 1.1, 5, 7, and 13.2 and by adding | ||||||
6 | Section 8.3 as follows:
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7 | (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
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8 | Sec. 1.1. For purposes of this Act:
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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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1 | of a prescribed controlled substance under the direction and | ||||||
2 | authority of a physician or other person authorized to | ||||||
3 | prescribe the controlled substance when the controlled | ||||||
4 | substance is used in the prescribed manner. | ||||||
5 | "Adjudicated as a person with a mental disability" means | ||||||
6 | the person is the subject of a determination by a court, board, | ||||||
7 | commission or other lawful authority that the person, as a | ||||||
8 | result of marked subnormal intelligence, or mental illness, | ||||||
9 | mental 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;
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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 | ||||||
3 | Section 1-103 of the Mental Health and Developmental | ||||||
4 | Disabilities Code. | ||||||
5 | "Controlled substance" means a controlled substance or | ||||||
6 | controlled substance analog as defined in the Illinois | ||||||
7 | Controlled Substances Act. | ||||||
8 | "Counterfeit" means to copy or imitate, without legal | ||||||
9 | authority, with
intent
to deceive. | ||||||
10 | "Federally licensed firearm dealer" means a person who is | ||||||
11 | licensed as a federal firearms dealer under Section 923 of the | ||||||
12 | federal Gun Control Act of 1968 (18 U.S.C. 923).
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13 | "Firearm" means any device, by
whatever name known, which | ||||||
14 | is designed to expel a projectile or projectiles
by the action | ||||||
15 | of an explosion, expansion of gas or escape of gas; excluding,
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16 | however:
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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;
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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
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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
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8 | primarily a collector's item and is not likely to be used | ||||||
9 | as a weapon.
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10 | "Firearm ammunition" means any self-contained cartridge or | ||||||
11 | shotgun
shell, by whatever name known, which is designed to be | ||||||
12 | used or adaptable to
use in a firearm; excluding, however:
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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
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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.
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2 | "Gun show" includes the entire premises provided for an | ||||||
3 | event or function, including parking areas for the event or | ||||||
4 | function, that is sponsored to facilitate the purchase, sale, | ||||||
5 | transfer, or exchange of firearms as described in this Section.
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6 | Nothing in this definition shall be construed to exclude a gun | ||||||
7 | show held in conjunction with competitive shooting events at | ||||||
8 | the World Shooting Complex sanctioned by a national governing | ||||||
9 | body in which the sale or transfer of firearms is authorized | ||||||
10 | under subparagraph (5) of paragraph (g) of subsection (A) of | ||||||
11 | Section 24-3 of the Criminal Code of 2012. | ||||||
12 | Unless otherwise expressly stated, "gun show" does not | ||||||
13 | include training or safety classes, competitive shooting | ||||||
14 | events, such as rifle, shotgun, or handgun matches, trap, | ||||||
15 | skeet, or sporting clays shoots, dinners, banquets, raffles, or
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16 | any other event where the sale or transfer of firearms is not | ||||||
17 | the primary course of business. | ||||||
18 | "Gun show promoter" means a person who organizes or | ||||||
19 | operates a gun show. | ||||||
20 | "Gun show vendor" means a person who exhibits, sells, | ||||||
21 | offers for sale, transfers, or exchanges any firearms at a gun | ||||||
22 | show, regardless of whether the person arranges with a gun show | ||||||
23 | promoter for a fixed location from which to exhibit, sell, | ||||||
24 | offer for sale, transfer, or exchange any firearm. | ||||||
25 | "Involuntarily admitted" has the meaning as prescribed in | ||||||
26 | Sections 1-119 and 1-119.1 of the Mental Health and |
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1 | Developmental Disabilities Code. | ||||||
2 | "Mental health facility" means any licensed private | ||||||
3 | hospital or hospital affiliate, institution, or facility, or | ||||||
4 | part thereof, and any facility, or part thereof, operated by | ||||||
5 | the State or a political subdivision thereof which provide | ||||||
6 | treatment of persons with mental illness and includes all | ||||||
7 | hospitals, institutions, clinics, evaluation facilities, | ||||||
8 | mental health centers, colleges, universities, long-term care | ||||||
9 | facilities, and nursing homes, or parts thereof, which provide | ||||||
10 | treatment of persons with mental illness whether or not the | ||||||
11 | primary purpose is to provide treatment of persons with mental | ||||||
12 | illness. | ||||||
13 | "National governing body" means a group of persons who | ||||||
14 | adopt rules and formulate policy on behalf of a national | ||||||
15 | firearm 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 | ||||||
8 | with a disability which is attributable to any other condition | ||||||
9 | which results in impairment similar to that caused by an | ||||||
10 | intellectual disability and which requires services similar to | ||||||
11 | those required by persons with intellectual disabilities. The | ||||||
12 | disability must originate before the age of 18
years, be | ||||||
13 | expected to continue indefinitely, and constitute a | ||||||
14 | substantial disability. This disability results, in the | ||||||
15 | professional opinion of a physician, clinical psychologist, or | ||||||
16 | qualified examiner, in significant functional limitations in 3 | ||||||
17 | or 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 | ||||||
24 | with a significantly subaverage general intellectual | ||||||
25 | functioning which exists concurrently with impairment in | ||||||
26 | adaptive behavior and which originates before the age of 18 |
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1 | years. | ||||||
2 | "Physician" has the meaning as defined in Section 1-120 of | ||||||
3 | the Mental Health and Developmental Disabilities Code. | ||||||
4 | "Qualified examiner" has the meaning provided in Section | ||||||
5 | 1-122 of the Mental Health and Developmental Disabilities Code. | ||||||
6 | "Sanctioned competitive shooting event" means a shooting | ||||||
7 | contest officially recognized by a national or state shooting | ||||||
8 | sport association, and includes any sight-in or practice | ||||||
9 | conducted in conjunction with the event.
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10 | "School administrator" means the person required to report | ||||||
11 | under the School Administrator Reporting of Mental Health Clear | ||||||
12 | and Present Danger Determinations Law. | ||||||
13 | "Stun gun or taser" has the meaning ascribed to it in | ||||||
14 | Section 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, | ||||||
16 | eff. 7-27-15; 99-642, eff. 7-28-16.)
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17 | (430 ILCS 65/5) (from Ch. 38, par. 83-5)
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18 | Sec. 5. Application and renewal. | ||||||
19 | (a) The Department of State Police shall either approve or
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20 | deny all applications within 30 days from the date they are | ||||||
21 | received,
except as provided in subsection (b) of this Section, | ||||||
22 | and every applicant found qualified under Section 8 of this Act | ||||||
23 | by
the Department shall be entitled to a Firearm Owner's | ||||||
24 | Identification
Card upon the payment of a $10 fee. Any | ||||||
25 | applicant who is an active duty member of the Armed Forces of |
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1 | the United States, a member of the Illinois National Guard, or | ||||||
2 | a member of the Reserve Forces of the United States is exempt | ||||||
3 | from the application fee. $6 of each fee derived from the
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4 | issuance of Firearm Owner's Identification Cards, or renewals | ||||||
5 | thereof,
shall be deposited in the Wildlife and Fish Fund in | ||||||
6 | the State Treasury;
$1 of the fee shall be deposited in the | ||||||
7 | State Police Services Fund and $3 of the fee shall be deposited | ||||||
8 | in the
State Police Firearm Services Fund. | ||||||
9 | (b) Renewal applications shall be approved or denied within | ||||||
10 | 60 business days, provided the applicant submitted his or her | ||||||
11 | renewal application prior to the expiration of his or her | ||||||
12 | Firearm Owner's Identification Card. If a renewal application | ||||||
13 | has been submitted prior to the expiration date of the | ||||||
14 | applicant's Firearm Owner's Identification Card, the Firearm | ||||||
15 | Owner's Identification Card shall remain valid while the | ||||||
16 | Department processes the application, unless the person is | ||||||
17 | subject to or becomes subject to revocation under this Act. The | ||||||
18 | cost for a renewal application shall be $10 which shall be | ||||||
19 | deposited into the State Police Firearm Services Fund.
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20 | (Source: P.A. 98-63, eff. 7-9-13.)
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21 | (430 ILCS 65/7) (from Ch. 38, par. 83-7)
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22 | Sec. 7. Validity of Firearm Owner's Identification Card. | ||||||
23 | (a) Except as provided in Section 8 of this Act or | ||||||
24 | subsection (b) of this Section , a Firearm Owner's
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25 | Identification Card issued under the provisions of this Act |
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1 | shall be valid
for the person to whom it is issued for a period | ||||||
2 | of 10 years from the date
of issuance. | ||||||
3 | (b) If a renewal application is submitted to the Department | ||||||
4 | before the expiration date of the applicant's current Firearm | ||||||
5 | Owner's Identification Card, the Firearm Owner's | ||||||
6 | Identification Card shall remain valid for a period of 60 | ||||||
7 | business days, unless the person is subject to or becomes | ||||||
8 | subject to revocation under this Act.
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9 | (Source: P.A. 95-581, eff. 6-1-08 .)
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10 | (430 ILCS 65/8.3 new) | ||||||
11 | Sec. 8.3. Suspension of Firearm Owner's Identification | ||||||
12 | Card. The Department of State Police may, by rule in a manner | ||||||
13 | consistent with the Department's rules concerning revocation, | ||||||
14 | provide for the suspension of the Firearm Owner's | ||||||
15 | Identification Card of a person whose Firearm Owner's | ||||||
16 | Identification Card is subject to revocation and seizure under | ||||||
17 | this Act for the duration of the disqualification if the | ||||||
18 | disqualification is not a permanent grounds for revocation of a | ||||||
19 | Firearm Owner's Identification Card under this Act.
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20 | (430 ILCS 65/13.2) (from Ch. 38, par. 83-13.2)
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21 | Sec. 13.2. Renewal; name or address change; replacement | ||||||
22 | card. The Department of State Police shall, 60 days
prior to | ||||||
23 | the expiration of a Firearm Owner's Identification Card,
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24 | forward by first class mail to each person whose card is to |
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1 | expire a
notification of the
expiration of the card and | ||||||
2 | instructions for renewal an application which may be used to
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3 | apply for renewal of the card .
It is the obligation of the | ||||||
4 | holder of a Firearm Owner's Identification Card
to notify the | ||||||
5 | Department of State Police of any address change since the
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6 | issuance of
the Firearm Owner's Identification Card. Whenever | ||||||
7 | any person moves from the residence address named on his or her | ||||||
8 | card, the person shall within 21 calendar days thereafter | ||||||
9 | notify in a form and manner prescribed by the Department of his | ||||||
10 | or her old and new residence addresses and the card number held | ||||||
11 | by him or her. Any person whose legal name has changed from the | ||||||
12 | name on the card that he or she has been previously issued must | ||||||
13 | apply for a corrected card within 30 calendar days after the | ||||||
14 | change. The cost for a corrected card shall be $5 . The cost for | ||||||
15 | replacement of a card which has been lost, destroyed, or stolen | ||||||
16 | shall be $5 if the loss, destruction, or theft of the card is | ||||||
17 | reported to the Department of State Police. The fees collected | ||||||
18 | under this Section which shall be deposited into the State | ||||||
19 | Police Firearm Services Fund.
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20 | (Source: P.A. 97-1131, eff. 1-1-13; 98-63, eff. 7-9-13.)".
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