Illinois General Assembly - Full Text of Public Act 097-0776
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Public Act 097-0776





Public Act 097-0776
HB4063 EnrolledLRB097 14944 RLC 59976 b

    AN ACT concerning firearms.
    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 Section 1.1 as follows:
    (430 ILCS 65/1.1)  (from Ch. 38, par. 83-1.1)
    Sec. 1.1. For purposes of this Act:
    "Has been adjudicated as a mental defective" means the
person is the subject of a determination by a court, board,
commission or other lawful authority that a person, as a result
of marked subnormal intelligence, or mental illness, mental
impairment, incompetency, condition, or disease:
        (1) is a danger to himself, herself, or to others;
        (2) lacks the mental capacity to manage his or her own
        (3) is not guilty in a criminal case by reason of
    insanity, mental disease or defect;
        (4) is incompetent to stand trial in a criminal case;
        (5) is not guilty by reason of lack of mental
    responsibility pursuant to Articles 50a and 72b of the
    Uniform Code of Military Justice, 10 U.S.C. 850a, 876b.
    "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,
        (1) any pneumatic gun, spring gun, paint ball gun, or
    B-B gun which either expels a single globular projectile
    not exceeding .18 inch in diameter or and which has a
    maximum muzzle velocity of less than 700 feet per second or
    breakable paint balls containing washable marking colors;
        (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
    "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
    "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.
    "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.
    "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.
    "Stun gun or taser" has the meaning ascribed to it in
Section 24-1 of the Criminal Code of 1961.
(Source: P.A. 94-6, eff. 1-1-06; 94-353, eff. 7-29-05; 95-331,
eff. 8-21-07; 95-581, eff. 6-1-08.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/13/2012