98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4654

 

Introduced , by Rep. Wayne Rosenthal

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 65/1.1  from Ch. 38, par. 83-1.1
430 ILCS 66/5

    Amends the Firearm Owners Identification Card Act and the Firearm Concealed Carry Act. Defines "regulation" as an ordinance, resolution, or rule that has the effect of controlling, limiting, restricting, or placing of an additional fee on a firearm, ammunition, or component of a firearm or ammunition. Effective immediately.


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A BILL FOR

 

HB4654LRB098 19251 RLC 54403 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 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 mentally disabled person" means the
21person 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 disabled person as defined in
6    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    "Developmentally disabled" means a disability which is
3attributable to any other condition which results in impairment
4similar to that caused by an intellectual disability and which
5requires services similar to those required by intellectually
6disabled persons. The disability must originate before the age
7of 18 years, be expected to continue indefinitely, and
8constitute a substantial handicap.
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, or
21    B-B gun which expels breakable paint balls containing
22    washable marking colors;
23        (2) any device used exclusively for signalling 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 Department of
5    State Police finds by reason of the date of its
6    manufacture, value, design, and other characteristics is
7    primarily a collector's item and is not likely to be used
8    as a weapon.
9    "Firearm ammunition" means any self-contained cartridge or
10shotgun shell, by whatever name known, which is designed to be
11used or adaptable to use in a firearm; excluding, however:
12        (1) any ammunition exclusively designed for use with a
13    device used exclusively for signalling or safety and
14    required or recommended by the United States Coast Guard or
15    the Interstate Commerce Commission; and
16        (2) any ammunition designed exclusively for use with a
17    stud or rivet driver or other similar industrial
18    ammunition.
19    "Gun show" means an event or function:
20        (1) at which the sale and transfer of firearms is the
21    regular and normal course of business and where 50 or more
22    firearms are displayed, offered, or exhibited for sale,
23    transfer, or exchange; or
24        (2) at which not less than 10 gun show vendors display,
25    offer, or exhibit for sale, sell, transfer, or exchange
26    firearms.

 

 

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1    "Gun show" includes the entire premises provided for an
2event or function, including parking areas for the event or
3function, that is sponsored to facilitate the purchase, sale,
4transfer, or exchange of firearms as described in this Section.
5    "Gun show" does not include training or safety classes,
6competitive shooting events, such as rifle, shotgun, or handgun
7matches, trap, skeet, or sporting clays shoots, dinners,
8banquets, raffles, or any other event where the sale or
9transfer of firearms is not the 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    "Intellectually disabled" means significantly subaverage
18general intellectual functioning which exists concurrently
19with impairment in adaptive behavior and which originates
20before the age of 18 years.
21    "Involuntarily admitted" has the meaning as prescribed in
22Sections 1-119 and 1-119.1 of the Mental Health and
23Developmental Disabilities Code.
24    "Mental health facility" means any licensed private
25hospital or hospital affiliate, institution, or facility, or
26part thereof, and any facility, or part thereof, operated by

 

 

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1the State or a political subdivision thereof which provide
2treatment of persons with mental illness and includes all
3hospitals, institutions, clinics, evaluation facilities,
4mental health centers, colleges, universities, long-term care
5facilities, and nursing homes, or parts thereof, which provide
6treatment of persons with mental illness whether or not the
7primary purpose is to provide treatment of persons with mental
8illness.
9    "Patient" means:
10        (1) a person who voluntarily receives mental health
11    treatment as an in-patient or resident of any public or
12    private mental health facility, unless the treatment was
13    solely for an alcohol abuse disorder and no other secondary
14    substance abuse disorder or mental illness; or
15        (2) a person who voluntarily receives mental health
16    treatment as an out-patient or is provided services by a
17    public or private mental health facility, and who poses a
18    clear and present danger to himself, herself, or to others.
19    "Physician" has the meaning as defined in Section 1-120 of
20the Mental Health and Developmental Disabilities Code.
21    "Qualified examiner" has the meaning provided in Section
221-122 of the Mental Health and Developmental Disabilities Code.
23    "Regulation" means an ordinance, resolution, or rule that
24has the effect of controlling, limiting, restricting, or
25placing of an additional fee on a firearm, ammunition, or
26component of a firearm or ammunition.

 

 

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1    "Sanctioned competitive shooting event" means a shooting
2contest officially recognized by a national or state shooting
3sport association, and includes any sight-in or practice
4conducted in conjunction with the event.
5    "School administrator" means the person required to report
6under the School Administrator Reporting of Mental Health Clear
7and Present Danger Determinations Law.
8    "Stun gun or taser" has the meaning ascribed to it in
9Section 24-1 of the Criminal Code of 2012.
10(Source: P.A. 97-776, eff. 7-13-12; 97-1150, eff. 1-25-13;
1197-1167, eff. 6-1-13; 98-63, eff. 7-9-13.)
 
12    Section 10. The Firearm Concealed Carry Act is amended by
13changing Section 5 as follows:
 
14    (430 ILCS 66/5)
15    Sec. 5. Definitions. As used in this Act:
16    "Applicant" means a person who is applying for a license to
17carry a concealed firearm under this Act.
18    "Board" means the Concealed Carry Licensing Review Board.
19    "Concealed firearm" means a loaded or unloaded handgun
20carried on or about a person completely or mostly concealed
21from view of the public or on or about a person within a
22vehicle.
23    "Department" means the Department of State Police.
24    "Director" means the Director of State Police.

 

 

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1    "Handgun" means any device which is designed to expel a
2projectile or projectiles by the action of an explosion,
3expansion of gas, or escape of gas that is designed to be held
4and fired by the use of a single hand. "Handgun" does not
5include:
6        (1) a stun gun or taser;
7        (2) a machine gun as defined in item (i) of paragraph
8    (7) of subsection (a) of Section 24-1 of the Criminal Code
9    of 2012;
10        (3) a short-barreled rifle or shotgun as defined in
11    item (ii) of paragraph (7) of subsection (a) of Section
12    24-1 of the Criminal Code of 2012; or
13        (4) any pneumatic gun, spring gun, paint ball gun, or
14    B-B gun which expels a single globular projectile not
15    exceeding .18 inch in diameter, or which has a maximum
16    muzzle velocity of less than 700 feet per second, or which
17    expels breakable paint balls containing washable marking
18    colors.
19    "Law enforcement agency" means any federal, State, or local
20law enforcement agency, including offices of State's Attorneys
21and the Office of the Attorney General.
22    "License" means a license issued by the Department of State
23Police to carry a concealed handgun.
24    "Licensee" means a person issued a license to carry a
25concealed handgun.
26    "Municipality" has the meaning ascribed to it in Section 1

 

 

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1of Article VII of the Illinois Constitution.
2    "Regulation" means an ordinance, resolution, or rule that
3has the effect of controlling, limiting, restricting, or
4placing of an additional fee on a firearm, ammunition, or
5component of a firearm or ammunition.
6    "Unit of local government" has the meaning ascribed to it
7in Section 1 of Article VII of the Illinois Constitution.
8(Source: P.A. 98-63, eff. 7-9-13.)
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.