HB4855 EngrossedLRB100 18025 SLF 33213 b

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 Sections 1.1, 5, 7, and 13.2 and by adding
6Section 8.3 as follows:
7    (430 ILCS 65/1.1)  (from Ch. 38, par. 83-1.1)
8    Sec. 1.1. For purposes of this Act:
9    "Addicted to narcotics" means a person who has been:
10        (1) convicted of an offense involving the use or
11    possession of cannabis, a controlled substance, or
12    methamphetamine within the past year; or
13        (2) determined by the Department of State Police to be
14    addicted to narcotics based upon federal law or federal
15    guidelines.
16    "Addicted to narcotics" does not include possession or use
17of a prescribed controlled substance under the direction and
18authority of a physician or other person authorized to
19prescribe the controlled substance when the controlled
20substance is used in the prescribed manner.
21    "Adjudicated as a person with a mental disability" means
22the person is the subject of a determination by a court, board,
23commission or other lawful authority that the person, as a



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



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1    and Developmental Disabilities Code;
2        (11) is subject to involuntary admission as an
3    outpatient as defined in Section 1-119.1 of the Mental
4    Health and Developmental Disabilities Code;
5        (12) is subject to judicial admission as set forth in
6    Section 4-500 of the Mental Health and Developmental
7    Disabilities Code; or
8        (13) is subject to the provisions of the Interstate
9    Agreements on Sexually Dangerous Persons Act.
10    "Clear and present danger" means a person who:
11        (1) communicates a serious threat of physical violence
12    against a reasonably identifiable victim or poses a clear
13    and imminent risk of serious physical injury to himself,
14    herself, or another person as determined by a physician,
15    clinical psychologist, or qualified examiner; or
16        (2) demonstrates threatening physical or verbal
17    behavior, such as violent, suicidal, or assaultive
18    threats, actions, or other behavior, as determined by a
19    physician, clinical psychologist, qualified examiner,
20    school administrator, or law enforcement official.
21    "Clinical psychologist" has the meaning provided in
22Section 1-103 of the Mental Health and Developmental
23Disabilities Code.
24    "Controlled substance" means a controlled substance or
25controlled substance analog as defined in the Illinois
26Controlled Substances Act.



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1    "Counterfeit" means to copy or imitate, without legal
2authority, with intent to deceive.
3    "Federally licensed firearm dealer" means a person who is
4licensed as a federal firearms dealer under Section 923 of the
5federal Gun Control Act of 1968 (18 U.S.C. 923).
6    "Firearm" means any device, by whatever name known, which
7is designed to expel a projectile or projectiles by the action
8of an explosion, expansion of gas or escape of gas; excluding,
10        (1) any pneumatic gun, spring gun, paint ball gun, or
11    B-B gun which expels a single globular projectile not
12    exceeding .18 inch in diameter or which has a maximum
13    muzzle velocity of less than 700 feet per second;
14        (1.1) any pneumatic gun, spring gun, paint ball gun, or
15    B-B gun which expels breakable paint balls containing
16    washable marking colors;
17        (2) any device used exclusively for signalling or
18    safety and required or recommended by the United States
19    Coast Guard or the Interstate Commerce Commission;
20        (3) any device used exclusively for the firing of stud
21    cartridges, explosive rivets or similar industrial
22    ammunition; and
23        (4) an antique firearm (other than a machine-gun)
24    which, although designed as a weapon, the Department of
25    State Police finds by reason of the date of its
26    manufacture, value, design, and other characteristics is



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



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



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



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1with a disability which is attributable to any other condition
2which results in impairment similar to that caused by an
3intellectual disability and which requires services similar to
4those required by persons with intellectual disabilities. The
5disability must originate before the age of 18 years, be
6expected to continue indefinitely, and constitute a
7substantial disability. This disability results, in the
8professional opinion of a physician, clinical psychologist, or
9qualified examiner, in significant functional limitations in 3
10or more of the following areas of major life activity:
11        (i) self-care;
12        (ii) receptive and expressive language;
13        (iii) learning;
14        (iv) mobility; or
15        (v) self-direction.
16    "Person with an intellectual disability" means a person
17with a significantly subaverage general intellectual
18functioning which exists concurrently with impairment in
19adaptive behavior and which originates before the age of 18
21    "Physician" has the meaning as defined in Section 1-120 of
22the Mental Health and Developmental Disabilities Code.
23    "Qualified examiner" has the meaning provided in Section
241-122 of the Mental Health and Developmental Disabilities Code.
25    "Sanctioned competitive shooting event" means a shooting
26contest officially recognized by a national or state shooting



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1sport association, and includes any sight-in or practice
2conducted in conjunction with the event.
3    "School administrator" means the person required to report
4under the School Administrator Reporting of Mental Health Clear
5and Present Danger Determinations Law.
6    "Stun gun or taser" has the meaning ascribed to it in
7Section 24-1 of the Criminal Code of 2012.
8(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143,
9eff. 7-27-15; 99-642, eff. 7-28-16.)
10    (430 ILCS 65/5)  (from Ch. 38, par. 83-5)
11    Sec. 5. Application and renewal.
12    (a) The Department of State Police shall either approve or
13deny all applications within 30 days from the date they are
14received, except as provided in subsection (b) of this Section,
15and every applicant found qualified under Section 8 of this Act
16by the Department shall be entitled to a Firearm Owner's
17Identification Card upon the payment of a $10 fee. Any
18applicant who is an active duty member of the Armed Forces of
19the United States, a member of the Illinois National Guard, or
20a member of the Reserve Forces of the United States is exempt
21from the application fee. $6 of each fee derived from the
22issuance of Firearm Owner's Identification Cards, or renewals
23thereof, shall be deposited in the Wildlife and Fish Fund in
24the State Treasury; $1 of the fee shall be deposited in the
25State Police Services Fund and $3 of the fee shall be deposited



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1in the State Police Firearm Services Fund.
2    (b) Renewal applications shall be approved or denied within
360 business days, provided the applicant submitted his or her
4renewal application prior to the expiration of his or her
5Firearm Owner's Identification Card. If a renewal application
6has been submitted prior to the expiration date of the
7applicant's Firearm Owner's Identification Card, the Firearm
8Owner's Identification Card shall remain valid while the
9Department processes the application, unless the person is
10subject to or becomes subject to revocation under this Act. The
11cost for a renewal application shall be $10 which shall be
12deposited into the State Police Firearm Services Fund.
13(Source: P.A. 98-63, eff. 7-9-13.)
14    (430 ILCS 65/7)  (from Ch. 38, par. 83-7)
15    Sec. 7. Validity of Firearm Owner's Identification Card.
16    (a) Except as provided in Section 8 of this Act or
17subsection (b) of this Section, a Firearm Owner's
18Identification Card issued under the provisions of this Act
19shall be valid for the person to whom it is issued for a period
20of 10 years from the date of issuance.
21    (b) If a renewal application is submitted to the Department
22before the expiration date of the applicant's current Firearm
23Owner's Identification Card, the Firearm Owner's
24Identification Card shall remain valid for a period of 60
25business days, unless the person is subject to or becomes



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1subject to revocation under this Act.
2(Source: P.A. 95-581, eff. 6-1-08.)
3    (430 ILCS 65/8.3 new)
4    Sec. 8.3. Suspension of Firearm Owner's Identification
5Card. The Department of State Police may, by rule in a manner
6consistent with the Department's rules concerning revocation,
7provide for the suspension of the Firearm Owner's
8Identification Card of a person whose Firearm Owner's
9Identification Card is subject to revocation and seizure under
10this Act for the duration of the disqualification if the
11disqualification is not a permanent grounds for revocation of a
12Firearm Owner's Identification Card under this Act.
13    (430 ILCS 65/13.2)  (from Ch. 38, par. 83-13.2)
14    Sec. 13.2. Renewal; name or address change; replacement
15card. The Department of State Police shall, 60 days prior to
16the expiration of a Firearm Owner's Identification Card,
17forward by first class mail to each person whose card is to
18expire a notification of the expiration of the card and
19instructions for renewal an application which may be used to
20apply for renewal of the card. It is the obligation of the
21holder of a Firearm Owner's Identification Card to notify the
22Department of State Police of any address change since the
23issuance of the Firearm Owner's Identification Card. Whenever
24any person moves from the residence address named on his or her



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1card, the person shall within 21 calendar days thereafter
2notify in a form and manner prescribed by the Department of his
3or her old and new residence addresses and the card number held
4by him or her. Any person whose legal name has changed from the
5name on the card that he or she has been previously issued must
6apply for a corrected card within 30 calendar days after the
7change. The cost for a corrected card shall be $5. The cost for
8replacement of a card which has been lost, destroyed, or stolen
9shall be $5 if the loss, destruction, or theft of the card is
10reported to the Department of State Police. The fees collected
11under this Section which shall be deposited into the State
12Police Firearm Services Fund.
13(Source: P.A. 97-1131, eff. 1-1-13; 98-63, eff. 7-9-13.)