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1 | AN ACT concerning medical cannabis.
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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 Compassionate Use of Medical Cannabis Pilot | |||||||||||||||||||||||
5 | Program Act is amended by changing Section 10 as follows: | |||||||||||||||||||||||
6 | (410 ILCS 130/10) | |||||||||||||||||||||||
7 | (Section scheduled to be repealed on January 1, 2018)
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8 | Sec. 10. Definitions. The following terms, as used in this | |||||||||||||||||||||||
9 | Act, shall have the meanings set forth in this Section:
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10 | (a) "Adequate supply" means:
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11 | (1) 2.5 ounces of usable cannabis during a period of 14 | |||||||||||||||||||||||
12 | days and that is derived solely from an intrastate source.
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13 | (2) Subject to the rules of the Department of Public | |||||||||||||||||||||||
14 | Health, a patient may apply for a waiver where a physician | |||||||||||||||||||||||
15 | provides a substantial medical basis in a signed, written | |||||||||||||||||||||||
16 | statement asserting that, based on the patient's medical | |||||||||||||||||||||||
17 | history, in the physician's professional judgment, 2.5 | |||||||||||||||||||||||
18 | ounces is an insufficient adequate supply for a 14-day | |||||||||||||||||||||||
19 | period to properly alleviate the patient's debilitating | |||||||||||||||||||||||
20 | medical condition or symptoms associated with the | |||||||||||||||||||||||
21 | debilitating medical condition.
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22 | (3) This subsection may not be construed to authorize | |||||||||||||||||||||||
23 | the possession of more than 2.5 ounces at any time without |
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1 | authority from the Department of Public Health.
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2 | (4) The pre-mixed weight of medical cannabis used in | ||||||
3 | making a cannabis infused product shall apply toward the | ||||||
4 | limit on the total amount of medical cannabis a registered | ||||||
5 | qualifying patient may possess at any one time. | ||||||
6 | (b) "Cannabis" has the meaning given that term in Section 3 | ||||||
7 | of the Cannabis Control Act.
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8 | (c) "Cannabis plant monitoring system" means a system that | ||||||
9 | includes, but is not limited to, testing and data collection | ||||||
10 | established and maintained by the registered cultivation | ||||||
11 | center and available to the Department for the purposes of | ||||||
12 | documenting each cannabis plant and for monitoring plant | ||||||
13 | development throughout the life cycle of a cannabis plant | ||||||
14 | cultivated for the intended use by a qualifying patient from | ||||||
15 | seed planting to final packaging.
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16 | (d) "Cardholder" means a qualifying patient or a designated | ||||||
17 | caregiver who has been issued and possesses a valid registry | ||||||
18 | identification card by the Department of Public Health.
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19 | (e) "Cultivation center" means a facility operated by an | ||||||
20 | organization or business that is registered by the Department | ||||||
21 | of Agriculture to perform necessary activities to provide only | ||||||
22 | registered medical cannabis dispensing organizations with | ||||||
23 | usable medical cannabis.
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24 | (f) "Cultivation center agent" means a principal officer, | ||||||
25 | board member, employee, or agent of a registered cultivation | ||||||
26 | center who is 21 years of age or older and has not been |
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1 | convicted of an excluded offense.
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2 | (g) "Cultivation center agent identification card" means a | ||||||
3 | document issued by the Department of Agriculture that | ||||||
4 | identifies a person as a cultivation center agent.
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5 | (h) "Debilitating medical condition" means one or more of | ||||||
6 | the following: | ||||||
7 | (1) cancer, glaucoma, positive status for human | ||||||
8 | immunodeficiency virus, acquired immune deficiency | ||||||
9 | syndrome, hepatitis C, amyotrophic lateral sclerosis, | ||||||
10 | Crohn's disease, agitation of Alzheimer's disease, | ||||||
11 | cachexia/wasting syndrome, muscular dystrophy, severe | ||||||
12 | fibromyalgia, spinal cord disease, including but not | ||||||
13 | limited to arachnoiditis, Tarlov cysts, hydromyelia, | ||||||
14 | syringomyelia, Rheumatoid arthritis, fibrous dysplasia, | ||||||
15 | spinal cord injury, traumatic brain injury and | ||||||
16 | post-concussion syndrome, Multiple Sclerosis, | ||||||
17 | Arnold-Chiari malformation and Syringomyelia, | ||||||
18 | Spinocerebellar Ataxia (SCA), Parkinson's, Tourette's, | ||||||
19 | Myoclonus, Dystonia, Reflex Sympathetic Dystrophy, RSD | ||||||
20 | (Complex Regional Pain Syndromes Type I), Causalgia, CRPS | ||||||
21 | (Complex Regional Pain Syndromes Type II), | ||||||
22 | Neurofibromatosis, Chronic Inflammatory Demyelinating | ||||||
23 | Polyneuropathy, Sjogren's syndrome, Lupus, Interstitial | ||||||
24 | Cystitis, Myasthenia Gravis, Hydrocephalus, nail-patella | ||||||
25 | syndrome, residual limb pain, post-traumatic stress | ||||||
26 | disorder, seizures (including those characteristic of |
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1 | epilepsy), or the treatment of these conditions; or
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2 | (2) any other debilitating medical condition or its | ||||||
3 | treatment that is added by the Department of Public Health | ||||||
4 | by rule as provided in Section 45. | ||||||
5 | (i) "Designated caregiver" means a person who: (1) is at | ||||||
6 | least 21 years of age; (2) has agreed to assist with a | ||||||
7 | patient's medical use of cannabis; (3) has not been convicted | ||||||
8 | of an excluded offense; and (4) assists no more than one | ||||||
9 | registered qualifying patient with his or her medical use of | ||||||
10 | cannabis.
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11 | (j) "Dispensing organization agent identification card" | ||||||
12 | means a document issued by the Department of Financial and | ||||||
13 | Professional Regulation that identifies a person as a medical | ||||||
14 | cannabis dispensing organization agent.
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15 | (k) "Enclosed, locked facility" means a room, greenhouse, | ||||||
16 | building, or other enclosed area equipped with locks or other | ||||||
17 | security devices that permit access only by a cultivation | ||||||
18 | center's agents or a dispensing organization's agent working | ||||||
19 | for the registered cultivation center or the registered | ||||||
20 | dispensing organization to cultivate, store, and distribute | ||||||
21 | cannabis for registered qualifying patients.
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22 | (l) "Excluded offense" means:
| ||||||
23 | (1) a violent crime defined in Section 3 of the Rights | ||||||
24 | of Crime Victims and Witnesses Act or a substantially | ||||||
25 | similar offense that was classified as a felony in the | ||||||
26 | jurisdiction where the person was convicted; or
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1 | (2) a violation of a state or federal controlled | ||||||
2 | substance law that was classified as a felony in the | ||||||
3 | jurisdiction where the person was convicted, except that | ||||||
4 | the registering Department may waive this restriction if | ||||||
5 | the person demonstrates to the registering Department's | ||||||
6 | satisfaction that his or her conviction was for the | ||||||
7 | possession, cultivation, transfer, or delivery of a | ||||||
8 | reasonable amount of cannabis intended for medical use. | ||||||
9 | This exception does not apply if the conviction was under | ||||||
10 | state law and involved a violation of an existing medical | ||||||
11 | cannabis law.
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12 | (m) "Medical cannabis cultivation center registration" | ||||||
13 | means a registration issued by the Department of Agriculture. | ||||||
14 | (n) "Medical cannabis container" means a sealed, | ||||||
15 | traceable, food compliant, tamper resistant, tamper evident | ||||||
16 | container, or package used for the purpose of containment of | ||||||
17 | medical cannabis from a cultivation center to a dispensing | ||||||
18 | organization.
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19 | (o) "Medical cannabis dispensing organization", or | ||||||
20 | "dispensing organization", or "dispensary organization" means | ||||||
21 | a facility operated by an organization or business that is | ||||||
22 | registered by the Department of Financial and Professional | ||||||
23 | Regulation to acquire medical cannabis from a registered | ||||||
24 | cultivation center for the purpose of dispensing cannabis, | ||||||
25 | paraphernalia, or related supplies and educational materials | ||||||
26 | to registered qualifying patients.
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1 | (p) "Medical cannabis dispensing organization agent" or | ||||||
2 | "dispensing organization agent" means a principal officer, | ||||||
3 | board member, employee, or agent of a registered medical | ||||||
4 | cannabis dispensing organization who is 21 years of age or | ||||||
5 | older and has not been convicted of an excluded offense.
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6 | (q) "Medical cannabis infused product" means food, oils, | ||||||
7 | ointments, or other products containing usable cannabis that | ||||||
8 | are not smoked.
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9 | (r) "Medical use" means the acquisition; administration; | ||||||
10 | delivery; possession; transfer; transportation; or use of | ||||||
11 | cannabis to treat or alleviate a registered qualifying | ||||||
12 | patient's debilitating medical condition or symptoms | ||||||
13 | associated with the patient's debilitating medical condition.
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14 | (s) "Physician" means a doctor of medicine or doctor of | ||||||
15 | osteopathy licensed under the Medical Practice Act of 1987 to | ||||||
16 | practice medicine and who has a controlled substances license | ||||||
17 | under Article III of the Illinois Controlled Substances Act. It | ||||||
18 | does not include a licensed practitioner under any other Act | ||||||
19 | including but not limited to the Illinois Dental Practice Act.
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20 | (t) "Qualifying patient" means a person who has been | ||||||
21 | diagnosed by a physician as having a debilitating medical | ||||||
22 | condition.
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23 | (u) "Registered" means licensed, permitted, or otherwise | ||||||
24 | certified by the Department of Agriculture, Department of | ||||||
25 | Public Health, or Department of Financial and Professional | ||||||
26 | Regulation.
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1 | (v) "Registry identification card" means a document issued | ||||||
2 | by the Department of Public Health that identifies a person as | ||||||
3 | a registered qualifying patient or registered designated | ||||||
4 | caregiver.
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5 | (w) "Usable cannabis" means the seeds, leaves, buds, and | ||||||
6 | flowers of the cannabis plant and any mixture or preparation | ||||||
7 | thereof, but does not include the stalks, and roots of the | ||||||
8 | plant. It does not include the weight of any non-cannabis | ||||||
9 | ingredients combined with cannabis, such as ingredients added | ||||||
10 | to prepare a topical administration, food, or drink.
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11 | (x) "Verification system" means a Web-based system | ||||||
12 | established and maintained by the Department of Public Health | ||||||
13 | that is available to the Department of Agriculture, the | ||||||
14 | Department of Financial and Professional Regulation, law | ||||||
15 | enforcement personnel, and registered medical cannabis | ||||||
16 | dispensing organization agents on a 24-hour basis for the | ||||||
17 | verification of registry
identification cards, the tracking of | ||||||
18 | delivery of medical cannabis to medical cannabis dispensing | ||||||
19 | organizations, and the tracking of the date of sale, amount, | ||||||
20 | and price of medical cannabis purchased by a registered | ||||||
21 | qualifying patient.
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22 | (y) "Written certification" means a document dated and | ||||||
23 | signed by a physician, stating (1) that in the physician's | ||||||
24 | professional opinion the patient is likely to receive | ||||||
25 | therapeutic or palliative benefit from the medical use of | ||||||
26 | cannabis to treat or alleviate the patient's debilitating |
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1 | medical condition or symptoms associated with the debilitating | ||||||
2 | medical condition; (2) that the qualifying patient has a | ||||||
3 | debilitating medical condition and specifying the debilitating | ||||||
4 | medical condition the qualifying patient has; and (3) that the | ||||||
5 | patient is under the physician's care for the debilitating | ||||||
6 | medical condition. A written certification shall be made only | ||||||
7 | in the course of a bona fide physician-patient relationship, | ||||||
8 | after the physician has completed an assessment of the | ||||||
9 | qualifying patient's medical history, reviewed relevant | ||||||
10 | records related to the patient's debilitating condition, and | ||||||
11 | conducted a physical examination. | ||||||
12 | A veteran who has received treatment at a VA hospital shall | ||||||
13 | be deemed to have a bona fide physician-patient relationship | ||||||
14 | with a VA physician if the patient has been seen for his or her | ||||||
15 | debilitating medical condition at the VA Hospital in accordance | ||||||
16 | with VA Hospital protocols. | ||||||
17 | A bona fide physician-patient relationship under this | ||||||
18 | subsection is a privileged communication within the meaning of | ||||||
19 | Section 8-802 of the Code of Civil Procedure.
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20 | (Source: P.A. 98-122, eff. 1-1-14; 98-775, eff. 1-1-15 .) | ||||||
21 | Section 10. The Firearm Owners Identification Card Act is | ||||||
22 | amended by changing Sections 1.1 and 8 as follows:
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23 | (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
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24 | Sec. 1.1. For purposes of this Act:
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1 | "Addicted to narcotics" means a person who has been: | ||||||
2 | (1) convicted of an offense involving the use or | ||||||
3 | possession of cannabis, a controlled substance, or | ||||||
4 | methamphetamine within the past year; or | ||||||
5 | (2) determined by the Department of State Police to be | ||||||
6 | addicted to narcotics based upon federal law or federal | ||||||
7 | guidelines. | ||||||
8 | "Addicted to narcotics" does not include possession or use | ||||||
9 | of a prescribed controlled substance under the direction and | ||||||
10 | authority of a physician or other person authorized to | ||||||
11 | prescribe the controlled substance when the controlled | ||||||
12 | substance is used in the prescribed manner. | ||||||
13 | Notwithstanding any other provision of this Act, federal | ||||||
14 | law, or federal guidelines, the determination of whether a | ||||||
15 | person is addicted to narcotics shall not be based on the | ||||||
16 | status of the person as a registered qualifying patient or | ||||||
17 | registered caregiver under the Compassionate Use of Medical | ||||||
18 | Cannabis Pilot Program Act. | ||||||
19 | "Adjudicated as a person with a mental disability" means | ||||||
20 | the person is the subject of a determination by a court, board, | ||||||
21 | commission or other lawful authority that the person, as a | ||||||
22 | result of marked subnormal intelligence, or mental illness, | ||||||
23 | mental impairment, incompetency, condition, or disease: | ||||||
24 | (1) presents a clear and present danger to himself, | ||||||
25 | herself, or to others; | ||||||
26 | (2) lacks the mental capacity to manage his or her own |
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1 | affairs or is adjudicated a person with a disability as | ||||||
2 | defined in Section 11a-2 of the Probate Act of 1975; | ||||||
3 | (3) is not guilty in a criminal case by reason of | ||||||
4 | insanity, mental disease or defect; | ||||||
5 | (3.5) is guilty but mentally ill, as provided in | ||||||
6 | Section 5-2-6 of the Unified Code of Corrections; | ||||||
7 | (4) is incompetent to stand trial in a criminal case; | ||||||
8 | (5) is not guilty by reason of lack of mental | ||||||
9 | responsibility under Articles 50a and 72b of the Uniform | ||||||
10 | Code of Military Justice, 10 U.S.C. 850a, 876b;
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11 | (6) is a sexually violent person under subsection (f) | ||||||
12 | of Section 5 of the Sexually Violent Persons Commitment | ||||||
13 | Act; | ||||||
14 | (7) is a sexually dangerous person under the Sexually | ||||||
15 | Dangerous Persons Act; | ||||||
16 | (8) is unfit to stand trial under the Juvenile Court | ||||||
17 | Act of 1987; | ||||||
18 | (9) is not guilty by reason of insanity under the | ||||||
19 | Juvenile Court Act of 1987; | ||||||
20 | (10) is subject to involuntary admission as an | ||||||
21 | inpatient as defined in Section 1-119 of the Mental Health | ||||||
22 | and Developmental Disabilities Code; | ||||||
23 | (11) is subject to involuntary admission as an | ||||||
24 | outpatient as defined in Section 1-119.1 of the Mental | ||||||
25 | Health and Developmental Disabilities Code; | ||||||
26 | (12) is subject to judicial admission as set forth in |
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1 | Section 4-500 of the Mental Health and Developmental | ||||||
2 | Disabilities Code; or | ||||||
3 | (13) is subject to the provisions of the Interstate | ||||||
4 | Agreements on Sexually Dangerous Persons Act. | ||||||
5 | "Clear and present danger" means a person who: | ||||||
6 | (1) communicates a serious threat of physical violence | ||||||
7 | against a reasonably identifiable victim or poses a clear | ||||||
8 | and imminent risk of serious physical injury to himself, | ||||||
9 | herself, or another person as determined by a physician, | ||||||
10 | clinical psychologist, or qualified examiner; or | ||||||
11 | (2) demonstrates threatening physical or verbal | ||||||
12 | behavior, such as violent, suicidal, or assaultive | ||||||
13 | threats, actions, or other behavior, as determined by a | ||||||
14 | physician, clinical psychologist, qualified examiner, | ||||||
15 | school administrator, or law enforcement official. | ||||||
16 | "Clinical psychologist" has the meaning provided in | ||||||
17 | Section 1-103 of the Mental Health and Developmental | ||||||
18 | Disabilities Code. | ||||||
19 | "Controlled substance" means a controlled substance or | ||||||
20 | controlled substance analog as defined in the Illinois | ||||||
21 | Controlled Substances Act. | ||||||
22 | "Counterfeit" means to copy or imitate, without legal | ||||||
23 | authority, with
intent
to deceive. | ||||||
24 | disability | ||||||
25 | This disability results in the professional opinion of a | ||||||
26 | physician, clinical psychologist, or qualified examiner, in |
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1 | significant functional limitations in 3 or more of the | ||||||
2 | following areas of major life activity: | ||||||
3 | (i) self-care; | ||||||
4 | (ii) receptive and expressive language; | ||||||
5 | (iii) learning; | ||||||
6 | (iv) mobility; or | ||||||
7 | (v) self-direction. | ||||||
8 | "Federally licensed firearm dealer" means a person who is | ||||||
9 | licensed as a federal firearms dealer under Section 923 of the | ||||||
10 | federal Gun Control Act of 1968 (18 U.S.C. 923).
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11 | "Firearm" means any device, by
whatever name known, which | ||||||
12 | is designed to expel a projectile or projectiles
by the action | ||||||
13 | of an explosion, expansion of gas or escape of gas; excluding,
| ||||||
14 | however:
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15 | (1) any pneumatic gun, spring gun, paint ball gun, or | ||||||
16 | B-B gun which
expels a single globular projectile not | ||||||
17 | exceeding .18 inch in
diameter or which has a maximum | ||||||
18 | muzzle velocity of less than 700 feet
per second;
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19 | (1.1) any pneumatic gun, spring gun, paint ball gun, or | ||||||
20 | B-B gun which expels breakable paint balls containing | ||||||
21 | washable marking colors;
| ||||||
22 | (2) any device used exclusively for signalling or | ||||||
23 | safety and required or
recommended by the United States | ||||||
24 | Coast Guard or the Interstate Commerce
Commission;
| ||||||
25 | (3) any device used exclusively for the firing of stud | ||||||
26 | cartridges,
explosive rivets or similar industrial |
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1 | ammunition; and
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2 | (4) an antique firearm (other than a machine-gun) | ||||||
3 | which, although
designed as a weapon, the Department of | ||||||
4 | State Police finds by reason of
the date of its | ||||||
5 | manufacture, value, design, and other characteristics is
| ||||||
6 | primarily a collector's item and is not likely to be used | ||||||
7 | as a weapon.
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8 | "Firearm ammunition" means any self-contained cartridge or | ||||||
9 | shotgun
shell, by whatever name known, which is designed to be | ||||||
10 | used or adaptable to
use in a firearm; excluding, however:
| ||||||
11 | (1) any ammunition exclusively designed for use with a | ||||||
12 | device used
exclusively for signalling or safety and | ||||||
13 | required or recommended by the
United States Coast Guard or | ||||||
14 | the Interstate Commerce Commission; and
| ||||||
15 | (2) any ammunition designed exclusively for use with a | ||||||
16 | stud or rivet
driver or other similar industrial | ||||||
17 | ammunition. | ||||||
18 | "Gun show" means an event or function: | ||||||
19 | (1) at which the sale and transfer of firearms is the | ||||||
20 | regular and normal course of business and where 50 or more | ||||||
21 | firearms are displayed, offered, or exhibited for sale, | ||||||
22 | transfer, or exchange; or | ||||||
23 | (2) at which not less than 10 gun show vendors display, | ||||||
24 | offer, or exhibit for sale, sell, transfer, or exchange | ||||||
25 | firearms.
| ||||||
26 | "Gun show" includes the entire premises provided for an |
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1 | event or function, including parking areas for the event or | ||||||
2 | function, that is sponsored to facilitate the purchase, sale, | ||||||
3 | transfer, or exchange of firearms as described in this Section.
| ||||||
4 | Nothing in this definition shall be construed to exclude a gun | ||||||
5 | show held in conjunction with competitive shooting events at | ||||||
6 | the World Shooting Complex sanctioned by a national governing | ||||||
7 | body in which the sale or transfer of firearms is authorized | ||||||
8 | under subparagraph (5) of paragraph (g) of subsection (A) of | ||||||
9 | Section 24-3 of the Criminal Code of 2012. | ||||||
10 | Unless otherwise expressly stated, "gun show" does not | ||||||
11 | include training or safety classes, competitive shooting | ||||||
12 | events, such as rifle, shotgun, or handgun matches, trap, | ||||||
13 | skeet, or sporting clays shoots, dinners, banquets, raffles, or
| ||||||
14 | any other event where the sale or transfer of firearms is not | ||||||
15 | the primary course of business. | ||||||
16 | "Gun show promoter" means a person who organizes or | ||||||
17 | operates a gun show. | ||||||
18 | "Gun show vendor" means a person who exhibits, sells, | ||||||
19 | offers for sale, transfers, or exchanges any firearms at a gun | ||||||
20 | show, regardless of whether the person arranges with a gun show | ||||||
21 | promoter for a fixed location from which to exhibit, sell, | ||||||
22 | offer for sale, transfer, or exchange any firearm. | ||||||
23 | "Involuntarily admitted" has the meaning as prescribed in | ||||||
24 | Sections 1-119 and 1-119.1 of the Mental Health and | ||||||
25 | Developmental Disabilities Code. | ||||||
26 | "Mental health facility" means any licensed private |
| |||||||
| |||||||
1 | hospital or hospital affiliate, institution, or facility, or | ||||||
2 | part thereof, and any facility, or part thereof, operated by | ||||||
3 | the State or a political subdivision thereof which provide | ||||||
4 | treatment of persons with mental illness and includes all | ||||||
5 | hospitals, institutions, clinics, evaluation facilities, | ||||||
6 | mental health centers, colleges, universities, long-term care | ||||||
7 | facilities, and nursing homes, or parts thereof, which provide | ||||||
8 | treatment of persons with mental illness whether or not the | ||||||
9 | primary purpose is to provide treatment of persons with mental | ||||||
10 | illness. | ||||||
11 | "National governing body" means a group of persons who | ||||||
12 | adopt rules and formulate policy on behalf of a national | ||||||
13 | firearm sporting organization. | ||||||
14 | "Patient" means: | ||||||
15 | (1) a person who voluntarily receives mental health | ||||||
16 | treatment as an in-patient or resident of any public or | ||||||
17 | private mental health facility, unless the treatment was | ||||||
18 | solely for an alcohol abuse disorder and no other secondary | ||||||
19 | substance abuse disorder or mental illness; or | ||||||
20 | (2) a person who voluntarily receives mental health | ||||||
21 | treatment as an out-patient or is provided services by a | ||||||
22 | public or private mental health facility, and who poses a | ||||||
23 | clear and present danger to himself, herself, or to others. | ||||||
24 | "Person with a developmental disability" means a person | ||||||
25 | with a disability which is attributable to any other condition | ||||||
26 | which results in impairment similar to that caused by an |
| |||||||
| |||||||
1 | intellectual disability and which requires services similar to | ||||||
2 | those required by persons with intellectual disabilities. The | ||||||
3 | disability must originate before the age of 18
years, be | ||||||
4 | expected to continue indefinitely, and constitute a | ||||||
5 | substantial disability. This disability results, in the | ||||||
6 | professional opinion of a physician, clinical psychologist, or | ||||||
7 | qualified examiner, in significant functional limitations in 3 | ||||||
8 | or more of the following areas of major life activity: | ||||||
9 | (i) self-care; | ||||||
10 | (ii) receptive and expressive language; | ||||||
11 | (iii) learning; | ||||||
12 | (iv) mobility; or | ||||||
13 | (v) self-direction. | ||||||
14 | "Person with an intellectual disability" means a person | ||||||
15 | with a significantly subaverage general intellectual | ||||||
16 | functioning which exists concurrently with impairment in | ||||||
17 | adaptive behavior and which originates before the age of 18 | ||||||
18 | years. | ||||||
19 | "Physician" has the meaning as defined in Section 1-120 of | ||||||
20 | the Mental Health and Developmental Disabilities Code. | ||||||
21 | "Qualified examiner" has the meaning provided in Section | ||||||
22 | 1-122 of the Mental Health and Developmental Disabilities Code. | ||||||
23 | "Sanctioned competitive shooting event" means a shooting | ||||||
24 | contest officially recognized by a national or state shooting | ||||||
25 | sport association, and includes any sight-in or practice | ||||||
26 | conducted in conjunction with the event.
|
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| |||||||
1 | "School administrator" means the person required to report | ||||||
2 | under the School Administrator Reporting of Mental Health Clear | ||||||
3 | and Present Danger Determinations Law. | ||||||
4 | "Stun gun or taser" has the meaning ascribed to it in | ||||||
5 | Section 24-1 of the Criminal Code of 2012. | ||||||
6 | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143, | ||||||
7 | eff. 7-27-15; revised 10-20-15.)
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8 | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
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9 | Sec. 8. Grounds for denial and revocation. The Department | ||||||
10 | of State Police has authority to deny an
application for or to | ||||||
11 | revoke and seize a Firearm Owner's Identification
Card | ||||||
12 | previously issued under this Act only if the Department finds | ||||||
13 | that the
applicant or the person to whom such card was issued | ||||||
14 | is or was at the time
of issuance:
| ||||||
15 | (a) A person under 21 years of age who has been | ||||||
16 | convicted of a
misdemeanor other than a traffic offense or | ||||||
17 | adjudged delinquent;
| ||||||
18 | (b) A person under 21 years of age who does not have | ||||||
19 | the written consent
of his parent or guardian to acquire | ||||||
20 | and possess firearms and firearm
ammunition, or whose | ||||||
21 | parent or guardian has revoked such written consent,
or | ||||||
22 | where such parent or guardian does not qualify to have a | ||||||
23 | Firearm Owner's
Identification Card;
| ||||||
24 | (c) A person convicted of a felony under the laws of | ||||||
25 | this or any other
jurisdiction;
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| |||||||
1 | (d) A person addicted to narcotics;
| ||||||
2 | (e) A person who has been a patient of a mental health | ||||||
3 | facility within the
past 5 years or a person who has been a | ||||||
4 | patient in a mental health facility more than 5 years ago | ||||||
5 | who has not received the certification required under | ||||||
6 | subsection (u) of this Section. An active law enforcement | ||||||
7 | officer employed by a unit of government who is denied, | ||||||
8 | revoked, or has his or her Firearm Owner's Identification | ||||||
9 | Card seized under this subsection (e) may obtain relief as | ||||||
10 | described in subsection (c-5) of Section 10 of this Act if | ||||||
11 | the officer did not act in a manner threatening to the | ||||||
12 | officer, another person, or the public as determined by the | ||||||
13 | treating clinical psychologist or physician, and the | ||||||
14 | officer seeks mental health treatment;
| ||||||
15 | (f) A person whose mental condition is of such a nature | ||||||
16 | that it poses
a clear and present danger to the applicant, | ||||||
17 | any other person or persons or
the community;
| ||||||
18 | (g) A person who has an intellectual disability;
| ||||||
19 | (h) A person who intentionally makes a false statement | ||||||
20 | in the Firearm
Owner's Identification Card application;
| ||||||
21 | (i) An alien who is unlawfully present in
the United | ||||||
22 | States under the laws of the United States;
| ||||||
23 | (i-5) An alien who has been admitted to the United | ||||||
24 | States under a
non-immigrant visa (as that term is defined | ||||||
25 | in Section 101(a)(26) of the
Immigration and Nationality | ||||||
26 | Act (8 U.S.C. 1101(a)(26))), except that this
subsection |
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| |||||||
1 | (i-5) does not apply to any alien who has been lawfully | ||||||
2 | admitted to
the United States under a non-immigrant visa if | ||||||
3 | that alien is:
| ||||||
4 | (1) admitted to the United States for lawful | ||||||
5 | hunting or sporting purposes;
| ||||||
6 | (2) an official representative of a foreign | ||||||
7 | government who is:
| ||||||
8 | (A) accredited to the United States Government | ||||||
9 | or the Government's
mission to an international | ||||||
10 | organization having its headquarters in the United
| ||||||
11 | States; or
| ||||||
12 | (B) en route to or from another country to | ||||||
13 | which that alien is
accredited;
| ||||||
14 | (3) an official of a foreign government or | ||||||
15 | distinguished foreign visitor
who has been so | ||||||
16 | designated by the Department of State;
| ||||||
17 | (4) a foreign law enforcement officer of a friendly | ||||||
18 | foreign government
entering the United States on | ||||||
19 | official business; or
| ||||||
20 | (5) one who has received a waiver from the Attorney | ||||||
21 | General of the United
States pursuant to 18 U.S.C. | ||||||
22 | 922(y)(3);
| ||||||
23 | (j) (Blank);
| ||||||
24 | (k) A person who has been convicted within the past 5 | ||||||
25 | years of battery,
assault, aggravated assault, violation | ||||||
26 | of an order of protection, or a
substantially similar |
| |||||||
| |||||||
1 | offense in another jurisdiction, in which a firearm was
| ||||||
2 | used or possessed;
| ||||||
3 | (l) A person who has been convicted of domestic | ||||||
4 | battery, aggravated domestic battery, or a substantially
| ||||||
5 | similar offense in another jurisdiction committed before, | ||||||
6 | on or after January 1, 2012 (the effective date of Public | ||||||
7 | Act 97-158). If the applicant or person who has been | ||||||
8 | previously issued a Firearm Owner's Identification Card | ||||||
9 | under this Act knowingly and intelligently waives the right | ||||||
10 | to have an offense described in this paragraph (l) tried by | ||||||
11 | a jury, and by guilty plea or otherwise, results in a | ||||||
12 | conviction for an offense in which a domestic relationship | ||||||
13 | is not a required element of the offense but in which a | ||||||
14 | determination of the applicability of 18 U.S.C. 922(g)(9) | ||||||
15 | is made under Section 112A-11.1 of the Code of Criminal | ||||||
16 | Procedure of 1963, an entry by the court of a judgment of | ||||||
17 | conviction for that offense shall be grounds for denying an | ||||||
18 | application for and for revoking and seizing a Firearm | ||||||
19 | Owner's Identification Card previously issued to the | ||||||
20 | person under this Act;
| ||||||
21 | (m) (Blank);
| ||||||
22 | (n) A person who is prohibited from acquiring or | ||||||
23 | possessing
firearms or firearm ammunition by any Illinois | ||||||
24 | State statute or by federal
law , other than State statutes | ||||||
25 | and federal laws that may prohibit the acquisition or | ||||||
26 | possession of firearms or firearm ammunition based on a |
| |||||||
| |||||||
1 | person's status as a registered qualifying patient under | ||||||
2 | the Compassionate Use of Medical Cannabis Pilot Program | ||||||
3 | Act ;
| ||||||
4 | (o) A minor subject to a petition filed under Section | ||||||
5 | 5-520 of the
Juvenile Court Act of 1987 alleging that the | ||||||
6 | minor is a delinquent minor for
the commission of an | ||||||
7 | offense that if committed by an adult would be a felony;
| ||||||
8 | (p) An adult who had been adjudicated a delinquent | ||||||
9 | minor under the Juvenile
Court Act of 1987 for the | ||||||
10 | commission of an offense that if committed by an
adult | ||||||
11 | would be a felony;
| ||||||
12 | (q) A person who is not a resident of the State of | ||||||
13 | Illinois, except as provided in subsection (a-10) of | ||||||
14 | Section 4; | ||||||
15 | (r) A person who has been adjudicated as a person with | ||||||
16 | a mental disability; | ||||||
17 | (s) A person who has been found to have a developmental | ||||||
18 | disability; | ||||||
19 | (t) A person involuntarily admitted into a mental | ||||||
20 | health facility; or | ||||||
21 | (u) A person who has had his or her Firearm Owner's | ||||||
22 | Identification Card revoked or denied under subsection (e) | ||||||
23 | of this Section or item (iv) of paragraph (2) of subsection | ||||||
24 | (a) of Section 4 of this Act because he or she was a | ||||||
25 | patient in a mental health facility as provided in | ||||||
26 | subsection (e) of this Section, shall not be permitted to |
| |||||||
| |||||||
1 | obtain a Firearm Owner's Identification Card, after the | ||||||
2 | 5-year period has lapsed, unless he or she has received a | ||||||
3 | mental health evaluation by a physician, clinical | ||||||
4 | psychologist, or qualified examiner as those terms are | ||||||
5 | defined in the Mental Health and Developmental | ||||||
6 | Disabilities Code, and has received a certification that he | ||||||
7 | or she is not a clear and present danger to himself, | ||||||
8 | herself, or others. The physician, clinical psychologist, | ||||||
9 | or qualified examiner making the certification and his or | ||||||
10 | her employer shall not be held criminally, civilly, or | ||||||
11 | professionally liable for making or not making the | ||||||
12 | certification required under this subsection, except for | ||||||
13 | willful or wanton misconduct. This subsection does not | ||||||
14 | apply to a person whose firearm possession rights have been | ||||||
15 | restored through administrative or judicial action under | ||||||
16 | Section 10 or 11 of this Act. | ||||||
17 | Upon revocation of a person's Firearm Owner's | ||||||
18 | Identification Card, the Department of State Police shall | ||||||
19 | provide notice to the person and the person shall comply with | ||||||
20 | Section 9.5 of this Act. | ||||||
21 | (Source: P.A. 98-63, eff. 7-9-13; 98-508, eff. 8-19-13; 98-756, | ||||||
22 | eff. 7-16-14; 99-143, eff. 7-27-15.)
|