100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4218

 

Introduced , by Rep. Barbara Wheeler

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 65/1.1  from Ch. 38, par. 83-1.1

    Amends the Firearm Owners Identification Card Act. Defines "patient" for purposes of the Act as a person who: is admitted as an in-patient or resident of a public or private mental health facility for mental health treatment under the Mental Health and Developmental Disabilities Code as an informal admission, a voluntary admission, a minor admission, an emergency admission, or an involuntary admission; or is otherwise provided mental health treatment as an in-patient or resident by a 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 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.


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A BILL FOR

 

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1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Firearm Owners Identification Card Act is
5amended by changing Section 1.1 as follows:
 
6    (430 ILCS 65/1.1)  (from Ch. 38, par. 83-1.1)
7    Sec. 1.1. For purposes of this Act:
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
16of a prescribed controlled substance under the direction and
17authority of a physician or other person authorized to
18prescribe the controlled substance when the controlled
19substance is used in the prescribed manner.
20    "Adjudicated as a person with a mental disability" means
21the person is the subject of a determination by a court, board,
22commission or other lawful authority that the person, as a
23result of marked subnormal intelligence, or mental illness,

 

 

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1mental impairment, incompetency, condition, or disease:
2        (1) presents a clear and present danger to himself,
3    herself, or to others;
4        (2) lacks the mental capacity to manage his or her own
5    affairs or is adjudicated a person with a disability as
6    defined in Section 11a-2 of the Probate Act of 1975;
7        (3) is not guilty in a criminal case by reason of
8    insanity, mental disease or defect;
9        (3.5) is guilty but mentally ill, as provided in
10    Section 5-2-6 of the Unified Code of Corrections;
11        (4) is incompetent to stand trial in a criminal case;
12        (5) is not guilty by reason of lack of mental
13    responsibility under Articles 50a and 72b of the Uniform
14    Code of Military Justice, 10 U.S.C. 850a, 876b;
15        (6) is a sexually violent person under subsection (f)
16    of Section 5 of the Sexually Violent Persons Commitment
17    Act;
18        (7) is a sexually dangerous person under the Sexually
19    Dangerous Persons Act;
20        (8) is unfit to stand trial under the Juvenile Court
21    Act of 1987;
22        (9) is not guilty by reason of insanity under the
23    Juvenile Court Act of 1987;
24        (10) is subject to involuntary admission as an
25    inpatient as defined in Section 1-119 of the Mental Health
26    and Developmental Disabilities Code;

 

 

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1        (11) is subject to involuntary admission as an
2    outpatient as defined in Section 1-119.1 of the Mental
3    Health and Developmental Disabilities Code;
4        (12) is subject to judicial admission as set forth in
5    Section 4-500 of the Mental Health and Developmental
6    Disabilities Code; or
7        (13) is subject to the provisions of the Interstate
8    Agreements on Sexually Dangerous Persons Act.
9    "Clear and present danger" means a person who:
10        (1) communicates a serious threat of physical violence
11    against a reasonably identifiable victim or poses a clear
12    and imminent risk of serious physical injury to himself,
13    herself, or another person as determined by a physician,
14    clinical psychologist, or qualified examiner; or
15        (2) demonstrates threatening physical or verbal
16    behavior, such as violent, suicidal, or assaultive
17    threats, actions, or other behavior, as determined by a
18    physician, clinical psychologist, qualified examiner,
19    school administrator, or law enforcement official.
20    "Clinical psychologist" has the meaning provided in
21Section 1-103 of the Mental Health and Developmental
22Disabilities Code.
23    "Controlled substance" means a controlled substance or
24controlled substance analog as defined in the Illinois
25Controlled Substances Act.
26    "Counterfeit" means to copy or imitate, without legal

 

 

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1authority, with intent to deceive.
2    "Federally licensed firearm dealer" means a person who is
3licensed as a federal firearms dealer under Section 923 of the
4federal Gun Control Act of 1968 (18 U.S.C. 923).
5    "Firearm" means any device, by whatever name known, which
6is designed to expel a projectile or projectiles by the action
7of an explosion, expansion of gas or escape of gas; excluding,
8however:
9        (1) any pneumatic gun, spring gun, paint ball gun, or
10    B-B gun which expels a single globular projectile not
11    exceeding .18 inch in diameter or which has a maximum
12    muzzle velocity of less than 700 feet per second;
13        (1.1) any pneumatic gun, spring gun, paint ball gun, or
14    B-B gun which expels breakable paint balls containing
15    washable marking colors;
16        (2) any device used exclusively for signalling or
17    safety and required or recommended by the United States
18    Coast Guard or the Interstate Commerce Commission;
19        (3) any device used exclusively for the firing of stud
20    cartridges, explosive rivets or similar industrial
21    ammunition; and
22        (4) an antique firearm (other than a machine-gun)
23    which, although designed as a weapon, the Department of
24    State Police finds by reason of the date of its
25    manufacture, value, design, and other characteristics is
26    primarily a collector's item and is not likely to be used

 

 

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1    as a weapon.
2    "Firearm ammunition" means any self-contained cartridge or
3shotgun shell, by whatever name known, which is designed to be
4used or adaptable to use in a firearm; excluding, however:
5        (1) any ammunition exclusively designed for use with a
6    device used exclusively for signalling or safety and
7    required or recommended by the United States Coast Guard or
8    the Interstate Commerce Commission; and
9        (2) any ammunition designed exclusively for use with a
10    stud or rivet driver or other similar industrial
11    ammunition.
12    "Gun show" means an event or function:
13        (1) at which the sale and transfer of firearms is the
14    regular and normal course of business and where 50 or more
15    firearms are displayed, offered, or exhibited for sale,
16    transfer, or exchange; or
17        (2) at which not less than 10 gun show vendors display,
18    offer, or exhibit for sale, sell, transfer, or exchange
19    firearms.
20    "Gun show" includes the entire premises provided for an
21event or function, including parking areas for the event or
22function, that is sponsored to facilitate the purchase, sale,
23transfer, or exchange of firearms as described in this Section.
24Nothing in this definition shall be construed to exclude a gun
25show held in conjunction with competitive shooting events at
26the World Shooting Complex sanctioned by a national governing

 

 

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1body in which the sale or transfer of firearms is authorized
2under subparagraph (5) of paragraph (g) of subsection (A) of
3Section 24-3 of the Criminal Code of 2012.
4    Unless otherwise expressly stated, "gun show" does not
5include training or safety classes, competitive shooting
6events, such as rifle, shotgun, or handgun matches, trap,
7skeet, or sporting clays shoots, dinners, banquets, raffles, or
8any other event where the sale or transfer of firearms is not
9the primary course of business.
10    "Gun show promoter" means a person who organizes or
11operates a gun show.
12    "Gun show vendor" means a person who exhibits, sells,
13offers for sale, transfers, or exchanges any firearms at a gun
14show, regardless of whether the person arranges with a gun show
15promoter for a fixed location from which to exhibit, sell,
16offer for sale, transfer, or exchange any firearm.
17    "Involuntarily admitted" has the meaning as prescribed in
18Sections 1-119 and 1-119.1 of the Mental Health and
19Developmental Disabilities Code.
20    "Mental health facility" means any licensed private
21hospital or hospital affiliate, institution, or facility, or
22part thereof, and any facility, or part thereof, operated by
23the State or a political subdivision thereof which provide
24treatment of persons with mental illness and includes all
25hospitals, institutions, clinics, evaluation facilities,
26mental health centers, colleges, universities, long-term care

 

 

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1facilities, and nursing homes, or parts thereof, which provide
2treatment of persons with mental illness whether or not the
3primary purpose is to provide treatment of persons with mental
4illness.
5    "National governing body" means a group of persons who
6adopt rules and formulate policy on behalf of a national
7firearm sporting organization.
8    "Patient" means:
9        (1) a person who:
10            (a) is admitted as an in-patient or resident of a
11        public or private mental health facility for mental
12        health treatment under Chapter III of the Mental Health
13        and Developmental Disabilities Code as an informal
14        admission under Article III, a voluntary admission
15        under Article IV, a minor admission under Article V, an
16        emergency admission under Article VI, or an
17        involuntary admission under Article VII; or
18            (b) is otherwise provided mental health treatment
19        as an in-patient or resident by a voluntarily receives
20        mental health treatment as an in-patient or resident of
21        any public or private mental health facility, unless
22        the treatment was solely for an alcohol abuse disorder
23        and no other secondary substance abuse disorder or
24        mental illness; or
25        (2) a person who voluntarily or involuntarily receives
26    mental health treatment as an out-patient or is otherwise

 

 

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1    provided services by a public or private mental health
2    facility, and who poses a clear and present danger to
3    himself, herself, or to others.
4    "Person with a developmental disability" means a person
5with a disability which is attributable to any other condition
6which results in impairment similar to that caused by an
7intellectual disability and which requires services similar to
8those required by persons with intellectual disabilities. The
9disability must originate before the age of 18 years, be
10expected to continue indefinitely, and constitute a
11substantial disability. This disability results, in the
12professional opinion of a physician, clinical psychologist, or
13qualified examiner, in significant functional limitations in 3
14or more of the following areas of major life activity:
15        (i) self-care;
16        (ii) receptive and expressive language;
17        (iii) learning;
18        (iv) mobility; or
19        (v) self-direction.
20    "Person with an intellectual disability" means a person
21with a significantly subaverage general intellectual
22functioning which exists concurrently with impairment in
23adaptive behavior and which originates before the age of 18
24years.
25    "Physician" has the meaning as defined in Section 1-120 of
26the Mental Health and Developmental Disabilities Code.

 

 

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1    "Qualified examiner" has the meaning provided in Section
21-122 of the Mental Health and Developmental Disabilities Code.
3    "Sanctioned competitive shooting event" means a shooting
4contest officially recognized by a national or state shooting
5sport association, and includes any sight-in or practice
6conducted in conjunction with the event.
7    "School administrator" means the person required to report
8under the School Administrator Reporting of Mental Health Clear
9and Present Danger Determinations Law.
10    "Stun gun or taser" has the meaning ascribed to it in
11Section 24-1 of the Criminal Code of 2012.
12(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143,
13eff. 7-27-15; 99-642, eff. 7-28-16.)