Public Act 100-0906
 
HB4855 EnrolledLRB100 18025 SLF 33213 b


  
    AN ACT concerning safety.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
 
    Section 5. The Firearm Owners Identification Card Act is 
amended  by changing Sections 1.1, 5,  7, and 13.2 and by adding 
Section 8.3 as follows:
 


    (430 ILCS 65/1.1)  (from Ch. 38, par. 83-1.1)


    Sec. 1.1. For purposes of this Act: 

    "Addicted to narcotics" means a person who has been: 
        (1) convicted of an offense involving the use or 
    possession of cannabis, a controlled substance, or 
    methamphetamine within the past year; or 
        (2) determined by the Department of State Police to be 
    addicted to narcotics based upon federal law or federal 
    guidelines. 
    "Addicted to narcotics" does not include possession or use 
of a prescribed controlled substance under the direction and 
authority of a physician or other person authorized to 
prescribe the controlled substance when the controlled 
substance is used in the prescribed manner.
    "Adjudicated as a person with a mental disability" means 
the person is the subject of a determination by a court, board, 
commission or other lawful authority that the person, as a 
result of marked subnormal intelligence, or mental illness, 
mental impairment, incompetency, condition, or disease:
        (1) presents a clear and present danger to himself, 
    herself, or to others;
        (2) lacks the mental capacity to manage his or her own 
    affairs or is adjudicated a person with a disability as 
    defined in Section 11a-2 of the Probate Act of 1975;
        (3) is not guilty in a criminal case by reason of 
    insanity, mental disease or defect;
        (3.5) is guilty but mentally ill, as provided in 
    Section 5-2-6 of the Unified Code of Corrections; 
        (4) is incompetent to stand trial in a criminal case; 
        (5) is not guilty by reason of lack of mental 
    responsibility under Articles 50a and 72b of the Uniform 
    Code of Military Justice, 10 U.S.C. 850a, 876b;

        (6) is a sexually violent person under subsection (f) 
    of Section 5 of the Sexually Violent Persons Commitment 
    Act; 
        (7) is a sexually dangerous person under the Sexually 
    Dangerous Persons Act; 
        (8) is unfit to stand trial under the Juvenile Court 
    Act of 1987; 
        (9) is not guilty by reason of insanity under the 
    Juvenile Court Act of 1987; 
        (10) is subject to involuntary admission as an 
    inpatient as defined in Section 1-119 of the Mental Health 
    and Developmental Disabilities Code; 
        (11) is subject to involuntary admission as an 
    outpatient as defined in Section 1-119.1 of the Mental 
    Health and Developmental Disabilities Code; 
        (12) is subject to judicial admission as set forth in 
    Section 4-500 of the Mental Health and Developmental 
    Disabilities Code; or 
        (13) is subject to the provisions of the Interstate 
    Agreements on Sexually Dangerous Persons Act. 
    "Clear and present danger" means a person who:
        (1) communicates a serious threat of physical violence 
    against a reasonably identifiable victim or poses a clear 
    and imminent risk of serious physical injury to himself, 
    herself, or another person as determined by a physician, 
    clinical psychologist, or qualified examiner; or
        (2) demonstrates threatening physical or verbal 
    behavior, such as violent, suicidal, or assaultive 
    threats, actions, or other behavior, as determined by a 
    physician, clinical psychologist, qualified examiner, 
    school administrator, or law enforcement official.
    "Clinical psychologist" has the meaning  provided in 
Section 1-103 of the Mental Health and Developmental 
Disabilities Code.
    "Controlled substance" means a controlled substance or 
controlled substance analog as defined in the Illinois 
Controlled Substances Act. 
    "Counterfeit" means to copy or imitate, without legal 
authority, with
intent
to deceive.
    "Federally licensed firearm dealer" means a person who is 
licensed as a federal firearms dealer under Section 923 of the 
federal Gun Control Act of 1968 (18 U.S.C. 923).


    "Firearm" means any device, by
whatever name known, which 
is designed to expel a projectile or projectiles
by the action 
of an explosion, expansion of gas or escape of gas; excluding,

however:

        (1) any pneumatic gun, spring gun, paint ball gun, or 
    B-B gun which
 expels a single globular projectile not 
    exceeding .18 inch in
diameter or which has a maximum 
    muzzle velocity of less than 700 feet
per second;

        (1.1)  any pneumatic gun, spring gun, paint ball gun, or 
    B-B gun which expels breakable paint balls containing 
    washable marking colors; 
        (2) any device used exclusively for signalling or 
    safety and required or
recommended by the United States 
    Coast Guard or the Interstate Commerce
Commission;

        (3) any device used exclusively for the firing of stud 
    cartridges,
explosive rivets or similar industrial 
    ammunition; and

        (4) an antique firearm (other than a machine-gun) 
    which, although
designed as a weapon, the Department of 
    State Police finds by reason of
the date of its 
    manufacture, value, design, and other characteristics is

    primarily a collector's item and is not likely to be used 
    as a weapon.

    "Firearm ammunition" means any self-contained cartridge or 
shotgun
shell, by whatever name known, which is designed to be 
used or adaptable to
use in a firearm; excluding, however:

        (1) any ammunition exclusively designed for use with a 
    device used
exclusively for signalling or safety and 
    required or recommended by the
United States Coast Guard or 
    the Interstate Commerce Commission; and

        (2) any ammunition designed exclusively for use with a 
    stud or rivet
driver or other similar industrial 
    ammunition.
    "Gun show" means an event or function:
        (1) at which the sale and transfer of firearms is the 
    regular and normal course of business and  where 50 or more 
    firearms are displayed, offered, or exhibited for sale, 
    transfer, or exchange; or
        (2) at which not less than 10 gun show vendors display, 
    offer, or exhibit for sale, sell, transfer, or exchange 
    firearms.

    "Gun show" includes the entire premises provided for an 
event or function, including parking areas for the event or 
function, that is sponsored to facilitate the purchase, sale, 
transfer, or exchange of firearms as described in this Section.

Nothing in this definition shall be construed to exclude a gun 
show held in conjunction with competitive shooting events at 
the World Shooting Complex sanctioned by a national governing 
body in which the sale or transfer of firearms is authorized 
under subparagraph (5) of paragraph (g) of subsection (A) of 
Section 24-3 of the Criminal Code of 2012. 
    Unless otherwise expressly stated, "gun show" does not 
include training or safety classes, competitive shooting 
events, such as rifle, shotgun, or handgun matches, trap, 
skeet, or sporting clays shoots, dinners, banquets, raffles,  or

any other event where the sale or transfer of firearms is not 
the primary course of business.
    "Gun show promoter" means a person who organizes or 
operates a gun show.
    "Gun show vendor" means a person who exhibits, sells, 
offers for sale, transfers, or exchanges any firearms at a gun 
show, regardless of whether the person arranges with a gun show 
promoter for a fixed location from which to exhibit, sell, 
offer for sale, transfer, or exchange any firearm.
    "Involuntarily admitted" has the meaning as prescribed in 
Sections 1-119 and 1-119.1 of the Mental Health and 
Developmental Disabilities Code. 
    "Mental health facility" means any licensed private 
hospital or hospital affiliate, institution, or facility, or 
part thereof, and any facility, or part thereof, operated by 
the State or a political subdivision thereof which provide 
treatment of persons with mental illness and includes all 
hospitals, institutions, clinics, evaluation facilities, 
mental health centers, colleges, universities, long-term care 
facilities, and nursing homes, or parts thereof, which provide 
treatment of persons with mental illness whether or not the 
primary purpose is to provide treatment of persons with mental 
illness. 
    "National governing body" means a group of persons who 
adopt rules and formulate policy on behalf of a national 
firearm sporting organization. 
    "Patient" means: 
        (1) a person who is admitted as an inpatient or 
    resident of a public or private mental health facility for 
    mental health treatment under Chapter III of the Mental 
    Health and Developmental Disabilities Code as an informal 
    admission, a voluntary admission, a minor admission, an 
    emergency admission, or an involuntary admission, 
    voluntarily receives mental health treatment as an 
    in-patient or resident of any public or private mental 
    health facility, unless the treatment was solely for an 
    alcohol abuse disorder and no other secondary substance 
    abuse disorder or mental illness; or 
        (2) a person who  voluntarily or involuntarily receives 
    mental health treatment as an out-patient or is otherwise 
    provided services by a public or private mental health 
    facility, and who poses a clear and present danger to 
    himself, herself, or to others. 
    "Person with a developmental disability" means a person 
with a disability which is attributable to any other condition 
which results in impairment similar to that caused by an 
intellectual disability and which requires services similar to 
those required by persons with intellectual disabilities. The 
disability must originate before the age of 18
years, be 
expected to continue indefinitely, and constitute a 
substantial disability. This disability results, in the 
professional opinion of a physician, clinical psychologist, or 
qualified examiner, in significant functional limitations in 3 
or more of the following areas of major life activity:
        (i) self-care;
        (ii) receptive and expressive language;
        (iii) learning;
        (iv) mobility; or
        (v) self-direction. 
    "Person with an intellectual disability" means a person 
with a significantly subaverage general intellectual 
functioning which exists concurrently with impairment in 
adaptive behavior and which originates before the age of 18 
years. 
    "Physician" has the meaning  as defined in Section 1-120 of 
the Mental Health and Developmental Disabilities Code.
    "Qualified examiner" has the meaning  provided in Section 
1-122 of the Mental Health and Developmental Disabilities Code.
    "Sanctioned competitive shooting event" means a shooting 
contest officially recognized by a national or state shooting 
sport association, and includes any sight-in or practice 
conducted in conjunction with the event.


    "School administrator" means the person required to report 
under the School Administrator Reporting of Mental Health Clear 
and Present Danger Determinations Law.
    "Stun gun or taser" has the meaning ascribed to it in 
Section 24-1 of the Criminal Code of 2012.
(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143, 
eff. 7-27-15; 99-642, eff. 7-28-16.)
 


    (430 ILCS 65/5)  (from Ch. 38, par. 83-5)


    Sec. 5. Application and renewal. 
    (a) The Department of State Police shall either approve or

deny all applications within 30 days from the date they are 
received,
except as provided in subsection (b) of this Section, 
and every applicant found qualified under Section 8 of this Act 
by
the Department shall be entitled to a Firearm Owner's 
Identification
Card upon the payment of a $10 fee. Any 
applicant who is an active duty member of the Armed Forces of 
the United States, a member of  the Illinois National Guard, or 
a member of the Reserve Forces of the United States is exempt 
from the application fee. $6 of each fee derived from the

issuance of Firearm Owner's Identification Cards, or renewals 
thereof,
shall be deposited in the Wildlife and Fish Fund in 
the State Treasury;
$1 of the fee shall be deposited in the 
State Police Services Fund and $3 of the fee shall be deposited 
in the
State Police Firearm Services Fund.
    (b) Renewal applications shall be approved or denied within 
60 business days, provided the applicant submitted his or her 
renewal application prior to the expiration of his or her 
Firearm Owner's Identification Card. If a renewal application 
has been submitted prior to the expiration date of the 
applicant's Firearm Owner's Identification Card, the Firearm 
Owner's Identification Card shall remain valid while the 
Department processes the application, unless the person is 
subject to or becomes subject to revocation under this Act. The 
cost for a renewal application shall be $10 which shall be 
deposited into the State Police Firearm Services Fund. 

(Source: P.A. 98-63, eff. 7-9-13.)

 


    (430 ILCS 65/7)  (from Ch. 38, par. 83-7)




    Sec. 7. Validity of Firearm Owner's Identification Card. 
    (a) Except as provided in Section 8 of this Act or 
subsection (b) of this Section, a Firearm Owner's

Identification Card issued under the provisions of this Act 
shall be valid
for the person to whom it is issued for a period 
of 10 years from the date
of issuance.
    (b) If a renewal application is submitted to the Department 
before the expiration date of the applicant's current Firearm 
Owner's Identification Card, the Firearm Owner's 
Identification Card shall remain valid for a period of 60 
business days, unless the person is subject to or becomes 
subject to revocation under this Act. 

(Source: P.A. 95-581, eff. 6-1-08.)

 
    (430 ILCS 65/8.3 new)
    Sec. 8.3. Suspension of Firearm Owner's Identification 
Card. The Department of State Police may, by rule in a manner 
consistent with the Department's rules concerning revocation, 
provide for the  suspension of the Firearm Owner's 
Identification Card of a person whose Firearm Owner's 
Identification Card is subject to revocation and seizure under 
this Act for the duration of the disqualification if the 
disqualification is not a permanent grounds for revocation of a 
Firearm Owner's Identification Card under this Act.
 



    (430 ILCS 65/13.2)  (from Ch. 38, par. 83-13.2)



    Sec. 13.2. Renewal; name or address change; replacement 
card. The Department of State Police shall, 60 days
prior to 
the expiration of a Firearm Owner's Identification Card,

forward by first class mail to each person whose card is to 
expire a
notification of the
expiration of the card and 
instructions for renewal an application which may be used to

apply for renewal of the card.
It is the obligation of the 
holder of a Firearm Owner's Identification Card
to notify the 
Department of State Police of any address change since the

issuance of
the Firearm Owner's Identification Card. Whenever 
any person moves from the residence address named on his or her 
card, the person shall within 21 calendar days thereafter 
notify in a form and manner prescribed by the Department of his 
or her old and new residence addresses and the card number held 
by him or her. Any person whose legal name has changed from the 
name on the card that he or she has been previously issued must 
apply for a corrected card within 30 calendar days after the 
change. The cost for a corrected card shall be $5. The cost for 
replacement of a card which has been lost, destroyed, or stolen 
shall be $5 if the loss, destruction, or theft of the card is 
reported to the Department of State Police. The fees collected 
under this Section which shall be deposited into the State 
Police Firearm Services Fund. 

(Source: P.A. 97-1131, eff. 1-1-13; 98-63, eff. 7-9-13.)