Illinois General Assembly - Full Text of HB4855
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Full Text of HB4855  100th General Assembly


Rep. Barbara Wheeler

Filed: 4/16/2018





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2    AMENDMENT NO. ______. Amend House Bill 4855 by replacing
3everything after the enacting clause with the following:
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



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1of a prescribed controlled substance under the direction and
2authority of a physician or other person authorized to
3prescribe the controlled substance when the controlled
4substance is used in the prescribed manner.
5    "Adjudicated as a person with a mental disability" means
6the person is the subject of a determination by a court, board,
7commission or other lawful authority that the person, as a
8result of marked subnormal intelligence, or mental illness,
9mental impairment, incompetency, condition, or disease:
10        (1) presents a clear and present danger to himself,
11    herself, or to others;
12        (2) lacks the mental capacity to manage his or her own
13    affairs or is adjudicated a person with a disability as
14    defined in Section 11a-2 of the Probate Act of 1975;
15        (3) is not guilty in a criminal case by reason of
16    insanity, mental disease or defect;
17        (3.5) is guilty but mentally ill, as provided in
18    Section 5-2-6 of the Unified Code of Corrections;
19        (4) is incompetent to stand trial in a criminal case;
20        (5) is not guilty by reason of lack of mental
21    responsibility under Articles 50a and 72b of the Uniform
22    Code of Military Justice, 10 U.S.C. 850a, 876b;
23        (6) is a sexually violent person under subsection (f)
24    of Section 5 of the Sexually Violent Persons Commitment
25    Act;
26        (7) is a sexually dangerous person under the Sexually



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1    Dangerous Persons Act;
2        (8) is unfit to stand trial under the Juvenile Court
3    Act of 1987;
4        (9) is not guilty by reason of insanity under the
5    Juvenile Court Act of 1987;
6        (10) is subject to involuntary admission as an
7    inpatient as defined in Section 1-119 of the Mental Health
8    and Developmental Disabilities Code;
9        (11) is subject to involuntary admission as an
10    outpatient as defined in Section 1-119.1 of the Mental
11    Health and Developmental Disabilities Code;
12        (12) is subject to judicial admission as set forth in
13    Section 4-500 of the Mental Health and Developmental
14    Disabilities Code; or
15        (13) is subject to the provisions of the Interstate
16    Agreements on Sexually Dangerous Persons Act.
17    "Clear and present danger" means a person who:
18        (1) communicates a serious threat of physical violence
19    against a reasonably identifiable victim or poses a clear
20    and imminent risk of serious physical injury to himself,
21    herself, or another person as determined by a physician,
22    clinical psychologist, or qualified examiner; or
23        (2) demonstrates threatening physical or verbal
24    behavior, such as violent, suicidal, or assaultive
25    threats, actions, or other behavior, as determined by a
26    physician, clinical psychologist, qualified examiner,



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1    school administrator, or law enforcement official.
2    "Clinical psychologist" has the meaning provided in
3Section 1-103 of the Mental Health and Developmental
4Disabilities Code.
5    "Controlled substance" means a controlled substance or
6controlled substance analog as defined in the Illinois
7Controlled Substances Act.
8    "Counterfeit" means to copy or imitate, without legal
9authority, with intent to deceive.
10    "Federally licensed firearm dealer" means a person who is
11licensed as a federal firearms dealer under Section 923 of the
12federal Gun Control Act of 1968 (18 U.S.C. 923).
13    "Firearm" means any device, by whatever name known, which
14is designed to expel a projectile or projectiles by the action
15of an explosion, expansion of gas or escape of gas; excluding,
17        (1) any pneumatic gun, spring gun, paint ball gun, or
18    B-B gun which expels a single globular projectile not
19    exceeding .18 inch in diameter or which has a maximum
20    muzzle velocity of less than 700 feet per second;
21        (1.1) any pneumatic gun, spring gun, paint ball gun, or
22    B-B gun which expels breakable paint balls containing
23    washable marking colors;
24        (2) any device used exclusively for signalling or
25    safety and required or recommended by the United States
26    Coast Guard or the Interstate Commerce Commission;



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1        (3) any device used exclusively for the firing of stud
2    cartridges, explosive rivets or similar industrial
3    ammunition; and
4        (4) an antique firearm (other than a machine-gun)
5    which, although designed as a weapon, the Department of
6    State Police finds by reason of the date of its
7    manufacture, value, design, and other characteristics is
8    primarily a collector's item and is not likely to be used
9    as a weapon.
10    "Firearm ammunition" means any self-contained cartridge or
11shotgun shell, by whatever name known, which is designed to be
12used or adaptable to use in a firearm; excluding, however:
13        (1) any ammunition exclusively designed for use with a
14    device used exclusively for signalling or safety and
15    required or recommended by the United States Coast Guard or
16    the Interstate Commerce Commission; and
17        (2) any ammunition designed exclusively for use with a
18    stud or rivet driver or other similar industrial
19    ammunition.
20    "Gun show" means an event or function:
21        (1) at which the sale and transfer of firearms is the
22    regular and normal course of business and where 50 or more
23    firearms are displayed, offered, or exhibited for sale,
24    transfer, or exchange; or
25        (2) at which not less than 10 gun show vendors display,
26    offer, or exhibit for sale, sell, transfer, or exchange



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1    firearms.
2    "Gun show" includes the entire premises provided for an
3event or function, including parking areas for the event or
4function, that is sponsored to facilitate the purchase, sale,
5transfer, or exchange of firearms as described in this Section.
6Nothing in this definition shall be construed to exclude a gun
7show held in conjunction with competitive shooting events at
8the World Shooting Complex sanctioned by a national governing
9body in which the sale or transfer of firearms is authorized
10under subparagraph (5) of paragraph (g) of subsection (A) of
11Section 24-3 of the Criminal Code of 2012.
12    Unless otherwise expressly stated, "gun show" does not
13include training or safety classes, competitive shooting
14events, such as rifle, shotgun, or handgun matches, trap,
15skeet, or sporting clays shoots, dinners, banquets, raffles, or
16any other event where the sale or transfer of firearms is not
17the primary course of business.
18    "Gun show promoter" means a person who organizes or
19operates a gun show.
20    "Gun show vendor" means a person who exhibits, sells,
21offers for sale, transfers, or exchanges any firearms at a gun
22show, regardless of whether the person arranges with a gun show
23promoter for a fixed location from which to exhibit, sell,
24offer for sale, transfer, or exchange any firearm.
25    "Involuntarily admitted" has the meaning as prescribed in
26Sections 1-119 and 1-119.1 of the Mental Health and



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1Developmental Disabilities Code.
2    "Mental health facility" means any licensed private
3hospital or hospital affiliate, institution, or facility, or
4part thereof, and any facility, or part thereof, operated by
5the State or a political subdivision thereof which provide
6treatment of persons with mental illness and includes all
7hospitals, institutions, clinics, evaluation facilities,
8mental health centers, colleges, universities, long-term care
9facilities, and nursing homes, or parts thereof, which provide
10treatment of persons with mental illness whether or not the
11primary purpose is to provide treatment of persons with mental
13    "National governing body" means a group of persons who
14adopt rules and formulate policy on behalf of a national
15firearm sporting organization.
16    "Patient" means:
17        (1) a person who is admitted as an inpatient or
18    resident of a public or private mental health facility for
19    mental health treatment under Chapter III of the Mental
20    Health and Developmental Disabilities Code as an informal
21    admission, a voluntary admission, a minor admission, an
22    emergency admission, or an involuntary admission,
23    voluntarily receives mental health treatment as an
24    in-patient or resident of any public or private mental
25    health facility, unless the treatment was solely for an
26    alcohol abuse disorder and no other secondary substance



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



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2    "Physician" has the meaning as defined in Section 1-120 of
3the Mental Health and Developmental Disabilities Code.
4    "Qualified examiner" has the meaning provided in Section
51-122 of the Mental Health and Developmental Disabilities Code.
6    "Sanctioned competitive shooting event" means a shooting
7contest officially recognized by a national or state shooting
8sport association, and includes any sight-in or practice
9conducted in conjunction with the event.
10    "School administrator" means the person required to report
11under the School Administrator Reporting of Mental Health Clear
12and Present Danger Determinations Law.
13    "Stun gun or taser" has the meaning ascribed to it in
14Section 24-1 of the Criminal Code of 2012.
15(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143,
16eff. 7-27-15; 99-642, eff. 7-28-16.)
17    (430 ILCS 65/5)  (from Ch. 38, par. 83-5)
18    Sec. 5. Application and renewal.
19    (a) The Department of State Police shall either approve or
20deny all applications within 30 days from the date they are
21received, except as provided in subsection (b) of this Section,
22and every applicant found qualified under Section 8 of this Act
23by the Department shall be entitled to a Firearm Owner's
24Identification Card upon the payment of a $10 fee. Any
25applicant who is an active duty member of the Armed Forces of



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1the United States, a member of the Illinois National Guard, or
2a member of the Reserve Forces of the United States is exempt
3from the application fee. $6 of each fee derived from the
4issuance of Firearm Owner's Identification Cards, or renewals
5thereof, shall be deposited in the Wildlife and Fish Fund in
6the State Treasury; $1 of the fee shall be deposited in the
7State Police Services Fund and $3 of the fee shall be deposited
8in the State Police Firearm Services Fund.
9    (b) Renewal applications shall be approved or denied within
1060 business days, provided the applicant submitted his or her
11renewal application prior to the expiration of his or her
12Firearm Owner's Identification Card. If a renewal application
13has been submitted prior to the expiration date of the
14applicant's Firearm Owner's Identification Card, the Firearm
15Owner's Identification Card shall remain valid while the
16Department processes the application, unless the person is
17subject to or becomes subject to revocation under this Act. The
18cost for a renewal application shall be $10 which shall be
19deposited into the State Police Firearm Services Fund.
20(Source: P.A. 98-63, eff. 7-9-13.)
21    (430 ILCS 65/7)  (from Ch. 38, par. 83-7)
22    Sec. 7. Validity of Firearm Owner's Identification Card.
23    (a) Except as provided in Section 8 of this Act or
24subsection (b) of this Section, a Firearm Owner's
25Identification Card issued under the provisions of this Act



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1shall be valid for the person to whom it is issued for a period
2of 10 years from the date of issuance.
3    (b) If a renewal application is submitted to the Department
4before the expiration date of the applicant's current Firearm
5Owner's Identification Card, the Firearm Owner's
6Identification Card shall remain valid for a period of 60
7business days, unless the person is subject to or becomes
8subject to revocation under this Act.
9(Source: P.A. 95-581, eff. 6-1-08.)
10    (430 ILCS 65/8.3 new)
11    Sec. 8.3. Suspension of Firearm Owner's Identification
12Card. The Department of State Police may, by rule in a manner
13consistent with the Department's rules concerning revocation,
14provide for the suspension of the Firearm Owner's
15Identification Card of a person whose Firearm Owner's
16Identification Card is subject to revocation and seizure under
17this Act for the duration of the disqualification if the
18disqualification is not a permanent grounds for revocation of a
19Firearm Owner's Identification Card under this Act.
20    (430 ILCS 65/13.2)  (from Ch. 38, par. 83-13.2)
21    Sec. 13.2. Renewal; name or address change; replacement
22card. The Department of State Police shall, 60 days prior to
23the expiration of a Firearm Owner's Identification Card,
24forward by first class mail to each person whose card is to



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1expire a notification of the expiration of the card and
2instructions for renewal an application which may be used to
3apply for renewal of the card. It is the obligation of the
4holder of a Firearm Owner's Identification Card to notify the
5Department of State Police of any address change since the
6issuance of the Firearm Owner's Identification Card. Whenever
7any person moves from the residence address named on his or her
8card, the person shall within 21 calendar days thereafter
9notify in a form and manner prescribed by the Department of his
10or her old and new residence addresses and the card number held
11by him or her. Any person whose legal name has changed from the
12name on the card that he or she has been previously issued must
13apply for a corrected card within 30 calendar days after the
14change. The cost for a corrected card shall be $5. The cost for
15replacement of a card which has been lost, destroyed, or stolen
16shall be $5 if the loss, destruction, or theft of the card is
17reported to the Department of State Police. The fees collected
18under this Section which shall be deposited into the State
19Police Firearm Services Fund.
20(Source: P.A. 97-1131, eff. 1-1-13; 98-63, eff. 7-9-13.)".