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1 | AN ACT concerning safety.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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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 : (i) a prescribed controlled substance under the direction | |||||||||||||||||||
17 | and authority of a physician or other person authorized to | |||||||||||||||||||
18 | prescribe the controlled substance when the controlled | |||||||||||||||||||
19 | substance is used in the prescribed manner ; or (ii) cannabis | |||||||||||||||||||
20 | that is lawful under the Compassionate Use of Medical Cannabis | |||||||||||||||||||
21 | Program Act regardless of federal law or federal guidelines . | |||||||||||||||||||
22 | "Adjudicated as a person with a mental disability" means | |||||||||||||||||||
23 | the person is the subject of a determination by a court, board, |
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1 | commission or other lawful authority that the person, as a | ||||||
2 | result of marked subnormal intelligence, or mental illness, | ||||||
3 | mental impairment, incompetency, condition, or disease: | ||||||
4 | (1) presents a clear and present danger to himself, | ||||||
5 | herself, or to others; | ||||||
6 | (2) lacks the mental capacity to manage his or her own | ||||||
7 | affairs or is adjudicated a person with a disability as | ||||||
8 | defined in Section 11a-2 of the Probate Act of 1975; | ||||||
9 | (3) is not guilty in a criminal case by reason of | ||||||
10 | insanity, mental disease or defect; | ||||||
11 | (3.5) is guilty but mentally ill, as provided in | ||||||
12 | Section 5-2-6 of the Unified Code of Corrections; | ||||||
13 | (4) is incompetent to stand trial in a criminal case; | ||||||
14 | (5) is not guilty by reason of lack of mental | ||||||
15 | responsibility under Articles 50a and 72b of the Uniform | ||||||
16 | Code of Military Justice, 10 U.S.C. 850a, 876b;
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17 | (6) is a sexually violent person under subsection (f) | ||||||
18 | of Section 5 of the Sexually Violent Persons Commitment | ||||||
19 | Act; | ||||||
20 | (7) is a sexually dangerous person under the Sexually | ||||||
21 | Dangerous Persons Act; | ||||||
22 | (8) is unfit to stand trial under the Juvenile Court | ||||||
23 | Act of 1987; | ||||||
24 | (9) is not guilty by reason of insanity under the | ||||||
25 | Juvenile Court Act of 1987; | ||||||
26 | (10) is subject to involuntary admission as an |
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1 | inpatient as defined in Section 1-119 of the Mental Health | ||||||
2 | and Developmental Disabilities Code; | ||||||
3 | (11) is subject to involuntary admission as an | ||||||
4 | outpatient as defined in Section 1-119.1 of the Mental | ||||||
5 | Health and Developmental Disabilities Code; | ||||||
6 | (12) is subject to judicial admission as set forth in | ||||||
7 | Section 4-500 of the Mental Health and Developmental | ||||||
8 | Disabilities Code; or | ||||||
9 | (13) is subject to the provisions of the Interstate | ||||||
10 | Agreements on Sexually Dangerous Persons Act. | ||||||
11 | "Clear and present danger" means a person who: | ||||||
12 | (1) communicates a serious threat of physical violence | ||||||
13 | against a reasonably identifiable victim or poses a clear | ||||||
14 | and imminent risk of serious physical injury to himself, | ||||||
15 | herself, or another person as determined by a physician, | ||||||
16 | clinical psychologist, or qualified examiner; or | ||||||
17 | (2) demonstrates threatening physical or verbal | ||||||
18 | behavior, such as violent, suicidal, or assaultive | ||||||
19 | threats, actions, or other behavior, as determined by a | ||||||
20 | physician, clinical psychologist, qualified examiner, | ||||||
21 | school administrator, or law enforcement official. | ||||||
22 | "Clinical psychologist" has the meaning provided in | ||||||
23 | Section 1-103 of the Mental Health and Developmental | ||||||
24 | Disabilities Code. | ||||||
25 | "Controlled substance" means a controlled substance or | ||||||
26 | controlled substance analog as defined in the Illinois |
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1 | Controlled Substances Act. | ||||||
2 | "Counterfeit" means to copy or imitate, without legal | ||||||
3 | authority, with
intent
to deceive. | ||||||
4 | "Federally licensed firearm dealer" means a person who is | ||||||
5 | licensed as a federal firearms dealer under Section 923 of the | ||||||
6 | federal Gun Control Act of 1968 (18 U.S.C. 923).
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7 | "Firearm" means any device, by
whatever name known, which | ||||||
8 | is designed to expel a projectile or projectiles
by the action | ||||||
9 | of an explosion, expansion of gas or escape of gas; excluding,
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10 | however:
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11 | (1) any pneumatic gun, spring gun, paint ball gun, or | ||||||
12 | B-B gun which
expels a single globular projectile not | ||||||
13 | exceeding .18 inch in
diameter or which has a maximum | ||||||
14 | muzzle velocity of less than 700 feet
per second;
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15 | (1.1) any pneumatic gun, spring gun, paint ball gun, or | ||||||
16 | B-B gun which expels breakable paint balls containing | ||||||
17 | washable marking colors; | ||||||
18 | (2) any device used exclusively for signalling or | ||||||
19 | safety and required or
recommended by the United States | ||||||
20 | Coast Guard or the Interstate Commerce
Commission;
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21 | (3) any device used exclusively for the firing of stud | ||||||
22 | cartridges,
explosive rivets or similar industrial | ||||||
23 | ammunition; and
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24 | (4) an antique firearm (other than a machine-gun) | ||||||
25 | which, although
designed as a weapon, the Department of | ||||||
26 | State Police finds by reason of
the date of its |
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1 | manufacture, value, design, and other characteristics is
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2 | primarily a collector's item and is not likely to be used | ||||||
3 | as a weapon.
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4 | "Firearm ammunition" means any self-contained cartridge or | ||||||
5 | shotgun
shell, by whatever name known, which is designed to be | ||||||
6 | used or adaptable to
use in a firearm; excluding, however:
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7 | (1) any ammunition exclusively designed for use with a | ||||||
8 | device used
exclusively for signalling or safety and | ||||||
9 | required or recommended by the
United States Coast Guard or | ||||||
10 | the Interstate Commerce Commission; and
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11 | (2) any ammunition designed exclusively for use with a | ||||||
12 | stud or rivet
driver or other similar industrial | ||||||
13 | ammunition. | ||||||
14 | "Gun show" means an event or function: | ||||||
15 | (1) at which the sale and transfer of firearms is the | ||||||
16 | regular and normal course of business and where 50 or more | ||||||
17 | firearms are displayed, offered, or exhibited for sale, | ||||||
18 | transfer, or exchange; or | ||||||
19 | (2) at which not less than 10 gun show vendors display, | ||||||
20 | offer, or exhibit for sale, sell, transfer, or exchange | ||||||
21 | firearms.
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22 | "Gun show" includes the entire premises provided for an | ||||||
23 | event or function, including parking areas for the event or | ||||||
24 | function, that is sponsored to facilitate the purchase, sale, | ||||||
25 | transfer, or exchange of firearms as described in this Section.
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26 | Nothing in this definition shall be construed to exclude a gun |
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1 | show held in conjunction with competitive shooting events at | ||||||
2 | the World Shooting Complex sanctioned by a national governing | ||||||
3 | body in which the sale or transfer of firearms is authorized | ||||||
4 | under subparagraph (5) of paragraph (g) of subsection (A) of | ||||||
5 | Section 24-3 of the Criminal Code of 2012. | ||||||
6 | Unless otherwise expressly stated, "gun show" does not | ||||||
7 | include training or safety classes, competitive shooting | ||||||
8 | events, such as rifle, shotgun, or handgun matches, trap, | ||||||
9 | skeet, or sporting clays shoots, dinners, banquets, raffles, or
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10 | any other event where the sale or transfer of firearms is not | ||||||
11 | the primary course of business. | ||||||
12 | "Gun show promoter" means a person who organizes or | ||||||
13 | operates a gun show. | ||||||
14 | "Gun show vendor" means a person who exhibits, sells, | ||||||
15 | offers for sale, transfers, or exchanges any firearms at a gun | ||||||
16 | show, regardless of whether the person arranges with a gun show | ||||||
17 | promoter for a fixed location from which to exhibit, sell, | ||||||
18 | offer for sale, transfer, or exchange any firearm. | ||||||
19 | "Involuntarily admitted" has the meaning as prescribed in | ||||||
20 | Sections 1-119 and 1-119.1 of the Mental Health and | ||||||
21 | Developmental Disabilities Code. | ||||||
22 | "Mental health facility" means any licensed private | ||||||
23 | hospital or hospital affiliate, institution, or facility, or | ||||||
24 | part thereof, and any facility, or part thereof, operated by | ||||||
25 | the State or a political subdivision thereof which provide | ||||||
26 | treatment of persons with mental illness and includes all |
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1 | hospitals, institutions, clinics, evaluation facilities, | ||||||
2 | mental health centers, colleges, universities, long-term care | ||||||
3 | facilities, and nursing homes, or parts thereof, which provide | ||||||
4 | treatment of persons with mental illness whether or not the | ||||||
5 | primary purpose is to provide treatment of persons with mental | ||||||
6 | illness. | ||||||
7 | "National governing body" means a group of persons who | ||||||
8 | adopt rules and formulate policy on behalf of a national | ||||||
9 | firearm sporting organization. | ||||||
10 | "Patient" means: | ||||||
11 | (1) a person who is admitted as an inpatient or | ||||||
12 | resident of a public or private mental health facility for | ||||||
13 | mental health treatment under Chapter III of the Mental | ||||||
14 | Health and Developmental Disabilities Code as an informal | ||||||
15 | admission, a voluntary admission, a minor admission, an | ||||||
16 | emergency admission, or an involuntary admission, unless | ||||||
17 | the treatment was solely for an alcohol abuse disorder; or | ||||||
18 | (2) a person who voluntarily or involuntarily receives | ||||||
19 | mental health treatment as an out-patient or is otherwise | ||||||
20 | provided services by a public or private mental health | ||||||
21 | facility, and who poses a clear and present danger to | ||||||
22 | himself, herself, or to others. | ||||||
23 | "Person with a developmental disability" means a person | ||||||
24 | with a disability which is attributable to any other condition | ||||||
25 | which results in impairment similar to that caused by an | ||||||
26 | intellectual disability and which requires services similar to |
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1 | those required by persons with intellectual disabilities. The | ||||||
2 | disability must originate before the age of 18
years, be | ||||||
3 | expected to continue indefinitely, and constitute a | ||||||
4 | substantial disability. This disability results, in the | ||||||
5 | professional opinion of a physician, clinical psychologist, or | ||||||
6 | qualified examiner, in significant functional limitations in 3 | ||||||
7 | or more of the following areas of major life activity: | ||||||
8 | (i) self-care; | ||||||
9 | (ii) receptive and expressive language; | ||||||
10 | (iii) learning; | ||||||
11 | (iv) mobility; or | ||||||
12 | (v) self-direction. | ||||||
13 | "Person with an intellectual disability" means a person | ||||||
14 | with a significantly subaverage general intellectual | ||||||
15 | functioning which exists concurrently with impairment in | ||||||
16 | adaptive behavior and which originates before the age of 18 | ||||||
17 | years. | ||||||
18 | "Physician" has the meaning as defined in Section 1-120 of | ||||||
19 | the Mental Health and Developmental Disabilities Code. | ||||||
20 | "Qualified examiner" has the meaning provided in Section | ||||||
21 | 1-122 of the Mental Health and Developmental Disabilities Code. | ||||||
22 | "Sanctioned competitive shooting event" means a shooting | ||||||
23 | contest officially recognized by a national or state shooting | ||||||
24 | sport association, and includes any sight-in or practice | ||||||
25 | conducted in conjunction with the event.
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26 | "School administrator" means the person required to report |
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1 | under the School Administrator Reporting of Mental Health Clear | ||||||
2 | and Present Danger Determinations Law. | ||||||
3 | "Stun gun or taser" has the meaning ascribed to it in | ||||||
4 | Section 24-1 of the Criminal Code of 2012. | ||||||
5 | (Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15; | ||||||
6 | 99-642, eff. 7-28-16; 100-906, eff. 1-1-19 .)
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