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 
    affairs;
        (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,

however:


        (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 
    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.

    "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.