Rep. Barbara Wheeler

Filed: 3/13/2018





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2    AMENDMENT NO. ______. Amend House Bill 4218 by replacing
3everything after the enacting clause with the following:
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



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



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



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



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1    "Physician" has the meaning as defined in Section 1-120 of
2the Mental Health and Developmental Disabilities Code.
3    "Qualified examiner" has the meaning provided in Section
41-122 of the Mental Health and Developmental Disabilities Code.
5    "Sanctioned competitive shooting event" means a shooting
6contest officially recognized by a national or state shooting
7sport association, and includes any sight-in or practice
8conducted in conjunction with the event.
9    "School administrator" means the person required to report
10under the School Administrator Reporting of Mental Health Clear
11and Present Danger Determinations Law.
12    "Stun gun or taser" has the meaning ascribed to it in
13Section 24-1 of the Criminal Code of 2012.
14(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143,
15eff. 7-27-15; 99-642, eff. 7-28-16.)".