Illinois General Assembly - Full Text of SB3865
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Full Text of SB3865  102nd General Assembly

SB3865sam001 102ND GENERAL ASSEMBLY

Sen. Mike Simmons

Filed: 2/7/2022

 

 


 

 


 
10200SB3865sam001LRB102 24242 RJF 35986 a

1
AMENDMENT TO SENATE BILL 3865

2    AMENDMENT NO. ______. Amend Senate Bill 3865 on page 568,
3by replacing lines 1 and 2 with the following:
 
4    "Section 150. The Firearm Owners Identification Card Act
5is amended by changing Sections 1.1, 4, and 8 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 Illinois 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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1hospital or hospital affiliate, institution, or facility, or
2part thereof, and any facility, or part thereof, operated by
3the State or a political subdivision thereof which provides
4provide treatment of persons with mental illness and includes
5all hospitals, institutions, clinics, evaluation facilities,
6mental health centers, colleges, universities, long-term care
7facilities, and nursing homes, or parts thereof, which provide
8treatment of persons with mental illness whether or not the
9primary purpose is to provide treatment of persons with mental
10illness.
11    "National governing body" means a group of persons who
12adopt rules and formulate policy on behalf of a national
13firearm sporting organization.
14    "Noncitizen" means a person who is not a citizen of the
15United States, but is a person who is a foreign-born person who
16lives in the United States, has not been naturalized, and is
17still a citizen of a foreign country.
18    "Patient" means:
19        (1) a person who is admitted as an inpatient or
20    resident of a public or private mental health facility for
21    mental health treatment under Chapter III of the Mental
22    Health and Developmental Disabilities Code as an informal
23    admission, a voluntary admission, a minor admission, an
24    emergency admission, or an involuntary admission, unless
25    the treatment was solely for an alcohol abuse disorder; or
26        (2) a person who voluntarily or involuntarily receives

 

 

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

 

 

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1the Mental Health and Developmental Disabilities Code.
2    "Protective order" means any orders of protection issued
3under the Illinois Domestic Violence Act of 1986, stalking no
4contact orders issued under the Stalking No Contact Order Act,
5civil no contact orders issued under the Civil No Contact
6Order Act, and firearms restraining orders issued under the
7Firearms Restraining Order Act.
8    "Qualified examiner" has the meaning provided in Section
91-122 of the Mental Health and Developmental Disabilities
10Code.
11    "Sanctioned competitive shooting event" means a shooting
12contest officially recognized by a national or state shooting
13sport association, and includes any sight-in or practice
14conducted in conjunction with the event.
15    "School administrator" means the person required to report
16under the School Administrator Reporting of Mental Health
17Clear and Present Danger Determinations Law.
18    "Stun gun or taser" has the meaning ascribed to it in
19Section 24-1 of the Criminal Code of 2012.
20(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
21revised 10-6-21.)".