State of Illinois
2015 and 2016


Introduced 2/11/2016, by Rep. Carol Ammons


410 ILCS 130/10
430 ILCS 65/1.1  from Ch. 38, par. 83-1.1
430 ILCS 65/8  from Ch. 38, par. 83-8

    Amends the Compassionate Use of Medical Cannabis Pilot Program Act. Includes in the definition of "debilitating medical condition", post-traumatic stress disorder. Amends the Firearm Owners Identification Card Act. Provides that whether a person is addicted to narcotics for purposes of the Act shall not be based on the status of the person as a registered qualifying patient or registered caregiver under the Compassionate Use of Medical Cannabis Pilot Program Act. Provides that the Department of State Police's authority to deny an application for or to revoke and seize a Firearm Owner's Identification Card based on any Illinois State statute or federal law does not include State statutes or federal laws that may prohibit the acquisition or possession of firearms or firearm ammunition based on a person's status as a registered qualifying patient under the Compassionate Use of Medical Cannabis Pilot Program Act.

LRB099 17146 RLC 41504 b





HB6199LRB099 17146 RLC 41504 b

1    AN ACT concerning medical cannabis.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Compassionate Use of Medical Cannabis Pilot
5Program Act is amended by changing Section 10 as follows:
6    (410 ILCS 130/10)
7    (Section scheduled to be repealed on January 1, 2018)
8    Sec. 10. Definitions. The following terms, as used in this
9Act, shall have the meanings set forth in this Section:
10    (a) "Adequate supply" means:
11        (1) 2.5 ounces of usable cannabis during a period of 14
12    days and that is derived solely from an intrastate source.
13        (2) Subject to the rules of the Department of Public
14    Health, a patient may apply for a waiver where a physician
15    provides a substantial medical basis in a signed, written
16    statement asserting that, based on the patient's medical
17    history, in the physician's professional judgment, 2.5
18    ounces is an insufficient adequate supply for a 14-day
19    period to properly alleviate the patient's debilitating
20    medical condition or symptoms associated with the
21    debilitating medical condition.
22        (3) This subsection may not be construed to authorize
23    the possession of more than 2.5 ounces at any time without



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1    authority from the Department of Public Health.
2        (4) The pre-mixed weight of medical cannabis used in
3    making a cannabis infused product shall apply toward the
4    limit on the total amount of medical cannabis a registered
5    qualifying patient may possess at any one time.
6    (b) "Cannabis" has the meaning given that term in Section 3
7of the Cannabis Control Act.
8    (c) "Cannabis plant monitoring system" means a system that
9includes, but is not limited to, testing and data collection
10established and maintained by the registered cultivation
11center and available to the Department for the purposes of
12documenting each cannabis plant and for monitoring plant
13development throughout the life cycle of a cannabis plant
14cultivated for the intended use by a qualifying patient from
15seed planting to final packaging.
16    (d) "Cardholder" means a qualifying patient or a designated
17caregiver who has been issued and possesses a valid registry
18identification card by the Department of Public Health.
19    (e) "Cultivation center" means a facility operated by an
20organization or business that is registered by the Department
21of Agriculture to perform necessary activities to provide only
22registered medical cannabis dispensing organizations with
23usable medical cannabis.
24    (f) "Cultivation center agent" means a principal officer,
25board member, employee, or agent of a registered cultivation
26center who is 21 years of age or older and has not been



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1convicted of an excluded offense.
2    (g) "Cultivation center agent identification card" means a
3document issued by the Department of Agriculture that
4identifies a person as a cultivation center agent.
5    (h) "Debilitating medical condition" means one or more of
6the following:
7        (1) cancer, glaucoma, positive status for human
8    immunodeficiency virus, acquired immune deficiency
9    syndrome, hepatitis C, amyotrophic lateral sclerosis,
10    Crohn's disease, agitation of Alzheimer's disease,
11    cachexia/wasting syndrome, muscular dystrophy, severe
12    fibromyalgia, spinal cord disease, including but not
13    limited to arachnoiditis, Tarlov cysts, hydromyelia,
14    syringomyelia, Rheumatoid arthritis, fibrous dysplasia,
15    spinal cord injury, traumatic brain injury and
16    post-concussion syndrome, Multiple Sclerosis,
17    Arnold-Chiari malformation and Syringomyelia,
18    Spinocerebellar Ataxia (SCA), Parkinson's, Tourette's,
19    Myoclonus, Dystonia, Reflex Sympathetic Dystrophy, RSD
20    (Complex Regional Pain Syndromes Type I), Causalgia, CRPS
21    (Complex Regional Pain Syndromes Type II),
22    Neurofibromatosis, Chronic Inflammatory Demyelinating
23    Polyneuropathy, Sjogren's syndrome, Lupus, Interstitial
24    Cystitis, Myasthenia Gravis, Hydrocephalus, nail-patella
25    syndrome, residual limb pain, post-traumatic stress
26    disorder, seizures (including those characteristic of



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1    epilepsy), or the treatment of these conditions; or
2        (2) any other debilitating medical condition or its
3    treatment that is added by the Department of Public Health
4    by rule as provided in Section 45.
5    (i) "Designated caregiver" means a person who: (1) is at
6least 21 years of age; (2) has agreed to assist with a
7patient's medical use of cannabis; (3) has not been convicted
8of an excluded offense; and (4) assists no more than one
9registered qualifying patient with his or her medical use of
11    (j) "Dispensing organization agent identification card"
12means a document issued by the Department of Financial and
13Professional Regulation that identifies a person as a medical
14cannabis dispensing organization agent.
15    (k) "Enclosed, locked facility" means a room, greenhouse,
16building, or other enclosed area equipped with locks or other
17security devices that permit access only by a cultivation
18center's agents or a dispensing organization's agent working
19for the registered cultivation center or the registered
20dispensing organization to cultivate, store, and distribute
21cannabis for registered qualifying patients.
22    (l) "Excluded offense" means:
23        (1) a violent crime defined in Section 3 of the Rights
24    of Crime Victims and Witnesses Act or a substantially
25    similar offense that was classified as a felony in the
26    jurisdiction where the person was convicted; or



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1        (2) a violation of a state or federal controlled
2    substance law that was classified as a felony in the
3    jurisdiction where the person was convicted, except that
4    the registering Department may waive this restriction if
5    the person demonstrates to the registering Department's
6    satisfaction that his or her conviction was for the
7    possession, cultivation, transfer, or delivery of a
8    reasonable amount of cannabis intended for medical use.
9    This exception does not apply if the conviction was under
10    state law and involved a violation of an existing medical
11    cannabis law.
12    (m) "Medical cannabis cultivation center registration"
13means a registration issued by the Department of Agriculture.
14    (n) "Medical cannabis container" means a sealed,
15traceable, food compliant, tamper resistant, tamper evident
16container, or package used for the purpose of containment of
17medical cannabis from a cultivation center to a dispensing
19    (o) "Medical cannabis dispensing organization", or
20"dispensing organization", or "dispensary organization" means
21a facility operated by an organization or business that is
22registered by the Department of Financial and Professional
23Regulation to acquire medical cannabis from a registered
24cultivation center for the purpose of dispensing cannabis,
25paraphernalia, or related supplies and educational materials
26to registered qualifying patients.



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1    (p) "Medical cannabis dispensing organization agent" or
2"dispensing organization agent" means a principal officer,
3board member, employee, or agent of a registered medical
4cannabis dispensing organization who is 21 years of age or
5older and has not been convicted of an excluded offense.
6    (q) "Medical cannabis infused product" means food, oils,
7ointments, or other products containing usable cannabis that
8are not smoked.
9    (r) "Medical use" means the acquisition; administration;
10delivery; possession; transfer; transportation; or use of
11cannabis to treat or alleviate a registered qualifying
12patient's debilitating medical condition or symptoms
13associated with the patient's debilitating medical condition.
14    (s) "Physician" means a doctor of medicine or doctor of
15osteopathy licensed under the Medical Practice Act of 1987 to
16practice medicine and who has a controlled substances license
17under Article III of the Illinois Controlled Substances Act. It
18does not include a licensed practitioner under any other Act
19including but not limited to the Illinois Dental Practice Act.
20    (t) "Qualifying patient" means a person who has been
21diagnosed by a physician as having a debilitating medical
23    (u) "Registered" means licensed, permitted, or otherwise
24certified by the Department of Agriculture, Department of
25Public Health, or Department of Financial and Professional



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1    (v) "Registry identification card" means a document issued
2by the Department of Public Health that identifies a person as
3a registered qualifying patient or registered designated
5    (w) "Usable cannabis" means the seeds, leaves, buds, and
6flowers of the cannabis plant and any mixture or preparation
7thereof, but does not include the stalks, and roots of the
8plant. It does not include the weight of any non-cannabis
9ingredients combined with cannabis, such as ingredients added
10to prepare a topical administration, food, or drink.
11    (x) "Verification system" means a Web-based system
12established and maintained by the Department of Public Health
13that is available to the Department of Agriculture, the
14Department of Financial and Professional Regulation, law
15enforcement personnel, and registered medical cannabis
16dispensing organization agents on a 24-hour basis for the
17verification of registry identification cards, the tracking of
18delivery of medical cannabis to medical cannabis dispensing
19organizations, and the tracking of the date of sale, amount,
20and price of medical cannabis purchased by a registered
21qualifying patient.
22    (y) "Written certification" means a document dated and
23signed by a physician, stating (1) that in the physician's
24professional opinion the patient is likely to receive
25therapeutic or palliative benefit from the medical use of
26cannabis to treat or alleviate the patient's debilitating



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1medical condition or symptoms associated with the debilitating
2medical condition; (2) that the qualifying patient has a
3debilitating medical condition and specifying the debilitating
4medical condition the qualifying patient has; and (3) that the
5patient is under the physician's care for the debilitating
6medical condition. A written certification shall be made only
7in the course of a bona fide physician-patient relationship,
8after the physician has completed an assessment of the
9qualifying patient's medical history, reviewed relevant
10records related to the patient's debilitating condition, and
11conducted a physical examination.
12    A veteran who has received treatment at a VA hospital shall
13be deemed to have a bona fide physician-patient relationship
14with a VA physician if the patient has been seen for his or her
15debilitating medical condition at the VA Hospital in accordance
16with VA Hospital protocols.
17    A bona fide physician-patient relationship under this
18subsection is a privileged communication within the meaning of
19Section 8-802 of the Code of Civil Procedure.
20(Source: P.A. 98-122, eff. 1-1-14; 98-775, eff. 1-1-15.)
21    Section 10. The Firearm Owners Identification Card Act is
22amended by changing Sections 1.1 and 8 as follows:
23    (430 ILCS 65/1.1)  (from Ch. 38, par. 83-1.1)
24    Sec. 1.1. For purposes of this Act:



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1    "Addicted to narcotics" means a person who has been:
2        (1) convicted of an offense involving the use or
3    possession of cannabis, a controlled substance, or
4    methamphetamine within the past year; or
5        (2) determined by the Department of State Police to be
6    addicted to narcotics based upon federal law or federal
7    guidelines.
8    "Addicted to narcotics" does not include possession or use
9of a prescribed controlled substance under the direction and
10authority of a physician or other person authorized to
11prescribe the controlled substance when the controlled
12substance is used in the prescribed manner.
13    Notwithstanding any other provision of this Act, federal
14law, or federal guidelines, the determination of whether a
15person is addicted to narcotics shall not be based on the
16status of the person as a registered qualifying patient or
17registered caregiver under the Compassionate Use of Medical
18Cannabis Pilot Program Act.
19    "Adjudicated as a person with a mental disability" means
20the person is the subject of a determination by a court, board,
21commission or other lawful authority that the person, as a
22result of marked subnormal intelligence, or mental illness,
23mental impairment, incompetency, condition, or disease:
24        (1) presents a clear and present danger to himself,
25    herself, or to others;
26        (2) lacks the mental capacity to manage his or her own



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1    affairs or is adjudicated a person with a disability as
2    defined in Section 11a-2 of the Probate Act of 1975;
3        (3) is not guilty in a criminal case by reason of
4    insanity, mental disease or defect;
5        (3.5) is guilty but mentally ill, as provided in
6    Section 5-2-6 of the Unified Code of Corrections;
7        (4) is incompetent to stand trial in a criminal case;
8        (5) is not guilty by reason of lack of mental
9    responsibility under Articles 50a and 72b of the Uniform
10    Code of Military Justice, 10 U.S.C. 850a, 876b;
11        (6) is a sexually violent person under subsection (f)
12    of Section 5 of the Sexually Violent Persons Commitment
13    Act;
14        (7) is a sexually dangerous person under the Sexually
15    Dangerous Persons Act;
16        (8) is unfit to stand trial under the Juvenile Court
17    Act of 1987;
18        (9) is not guilty by reason of insanity under the
19    Juvenile Court Act of 1987;
20        (10) is subject to involuntary admission as an
21    inpatient as defined in Section 1-119 of the Mental Health
22    and Developmental Disabilities Code;
23        (11) is subject to involuntary admission as an
24    outpatient as defined in Section 1-119.1 of the Mental
25    Health and Developmental Disabilities Code;
26        (12) is subject to judicial admission as set forth in



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1    Section 4-500 of the Mental Health and Developmental
2    Disabilities Code; or
3        (13) is subject to the provisions of the Interstate
4    Agreements on Sexually Dangerous Persons Act.
5    "Clear and present danger" means a person who:
6        (1) communicates a serious threat of physical violence
7    against a reasonably identifiable victim or poses a clear
8    and imminent risk of serious physical injury to himself,
9    herself, or another person as determined by a physician,
10    clinical psychologist, or qualified examiner; or
11        (2) demonstrates threatening physical or verbal
12    behavior, such as violent, suicidal, or assaultive
13    threats, actions, or other behavior, as determined by a
14    physician, clinical psychologist, qualified examiner,
15    school administrator, or law enforcement official.
16    "Clinical psychologist" has the meaning provided in
17Section 1-103 of the Mental Health and Developmental
18Disabilities Code.
19    "Controlled substance" means a controlled substance or
20controlled substance analog as defined in the Illinois
21Controlled Substances Act.
22    "Counterfeit" means to copy or imitate, without legal
23authority, with intent to deceive.
24    disability
25    This disability results in the professional opinion of a
26physician, clinical psychologist, or qualified examiner, in



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1significant functional limitations in 3 or more of the
2following areas of major life activity:
3        (i) self-care;
4        (ii) receptive and expressive language;
5        (iii) learning;
6        (iv) mobility; or
7        (v) self-direction.
8    "Federally licensed firearm dealer" means a person who is
9licensed as a federal firearms dealer under Section 923 of the
10federal Gun Control Act of 1968 (18 U.S.C. 923).
11    "Firearm" means any device, by whatever name known, which
12is designed to expel a projectile or projectiles by the action
13of an explosion, expansion of gas or escape of gas; excluding,
15        (1) any pneumatic gun, spring gun, paint ball gun, or
16    B-B gun which expels a single globular projectile not
17    exceeding .18 inch in diameter or which has a maximum
18    muzzle velocity of less than 700 feet per second;
19        (1.1) any pneumatic gun, spring gun, paint ball gun, or
20    B-B gun which expels breakable paint balls containing
21    washable marking colors;
22        (2) any device used exclusively for signalling or
23    safety and required or recommended by the United States
24    Coast Guard or the Interstate Commerce Commission;
25        (3) any device used exclusively for the firing of stud
26    cartridges, explosive rivets or similar industrial



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1    ammunition; and
2        (4) an antique firearm (other than a machine-gun)
3    which, although designed as a weapon, the Department of
4    State Police finds by reason of the date of its
5    manufacture, value, design, and other characteristics is
6    primarily a collector's item and is not likely to be used
7    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 signalling or safety and
13    required or recommended by the United States Coast Guard or
14    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 display,
24    offer, or exhibit for sale, sell, transfer, or exchange
25    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 Section.
4Nothing in this definition shall be construed to exclude a gun
5show held in conjunction with competitive shooting events at
6the World Shooting Complex sanctioned by a national governing
7body in which the sale or transfer of firearms is authorized
8under subparagraph (5) of paragraph (g) of subsection (A) of
9Section 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, or
14any other event where the sale or transfer of firearms is not
15the 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 show
21promoter for a fixed location from which to exhibit, sell,
22offer 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 provide
4treatment of persons with mental illness and includes all
5hospitals, 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
11    "National governing body" means a group of persons who
12adopt rules and formulate policy on behalf of a national
13firearm sporting organization.
14    "Patient" means:
15        (1) a person who voluntarily receives mental health
16    treatment as an in-patient or resident of any public or
17    private mental health facility, unless the treatment was
18    solely for an alcohol abuse disorder and no other secondary
19    substance abuse disorder or mental illness; or
20        (2) a person who voluntarily receives mental health
21    treatment as an out-patient or is provided services by a
22    public or private mental health facility, and who poses a
23    clear and present danger to himself, herself, or to others.
24    "Person with a developmental disability" means a person
25with a disability which is attributable to any other condition
26which results in impairment similar to that caused by an



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1intellectual disability and which requires services similar to
2those required by persons with intellectual disabilities. The
3disability must originate before the age of 18 years, be
4expected to continue indefinitely, and constitute a
5substantial disability. This disability results, in the
6professional opinion of a physician, clinical psychologist, or
7qualified examiner, in significant functional limitations in 3
8or more of the following areas of major life activity:
9        (i) self-care;
10        (ii) receptive and expressive language;
11        (iii) learning;
12        (iv) mobility; or
13        (v) self-direction.
14    "Person with an intellectual disability" means a person
15with a significantly subaverage general intellectual
16functioning which exists concurrently with impairment in
17adaptive behavior and which originates before the age of 18
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    "Sanctioned competitive shooting event" means a shooting
24contest officially recognized by a national or state shooting
25sport association, and includes any sight-in or practice
26conducted in conjunction with the event.



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1    "School administrator" means the person required to report
2under the School Administrator Reporting of Mental Health Clear
3and Present Danger Determinations Law.
4    "Stun gun or taser" has the meaning ascribed to it in
5Section 24-1 of the Criminal Code of 2012.
6(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143,
7eff. 7-27-15; revised 10-20-15.)
8    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)
9    Sec. 8. Grounds for denial and revocation. The Department
10of State Police has authority to deny an application for or to
11revoke and seize a Firearm Owner's Identification Card
12previously issued under this Act only if the Department finds
13that the applicant or the person to whom such card was issued
14is or was at the time of issuance:
15        (a) A person under 21 years of age who has been
16    convicted of a misdemeanor other than a traffic offense or
17    adjudged delinquent;
18        (b) A person under 21 years of age who does not have
19    the written consent of his parent or guardian to acquire
20    and possess firearms and firearm ammunition, or whose
21    parent or guardian has revoked such written consent, or
22    where such parent or guardian does not qualify to have a
23    Firearm Owner's Identification Card;
24        (c) A person convicted of a felony under the laws of
25    this or any other jurisdiction;



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1        (d) A person addicted to narcotics;
2        (e) A person who has been a patient of a mental health
3    facility within the past 5 years or a person who has been a
4    patient in a mental health facility more than 5 years ago
5    who has not received the certification required under
6    subsection (u) of this Section. An active law enforcement
7    officer employed by a unit of government who is denied,
8    revoked, or has his or her Firearm Owner's Identification
9    Card seized under this subsection (e) may obtain relief as
10    described in subsection (c-5) of Section 10 of this Act if
11    the officer did not act in a manner threatening to the
12    officer, another person, or the public as determined by the
13    treating clinical psychologist or physician, and the
14    officer seeks mental health treatment;
15        (f) A person whose mental condition is of such a nature
16    that it poses a clear and present danger to the applicant,
17    any other person or persons or the community;
18        (g) A person who has an intellectual disability;
19        (h) A person who intentionally makes a false statement
20    in the Firearm Owner's Identification Card application;
21        (i) An alien who is unlawfully present in the United
22    States under the laws of the United States;
23        (i-5) An alien who has been admitted to the United
24    States under a non-immigrant visa (as that term is defined
25    in Section 101(a)(26) of the Immigration and Nationality
26    Act (8 U.S.C. 1101(a)(26))), except that this subsection



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1    (i-5) does not apply to any alien who has been lawfully
2    admitted to the United States under a non-immigrant visa if
3    that alien is:
4            (1) admitted to the United States for lawful
5        hunting or sporting purposes;
6            (2) an official representative of a foreign
7        government who is:
8                (A) accredited to the United States Government
9            or the Government's mission to an international
10            organization having its headquarters in the United
11            States; or
12                (B) en route to or from another country to
13            which that alien is accredited;
14            (3) an official of a foreign government or
15        distinguished foreign visitor who has been so
16        designated by the Department of State;
17            (4) a foreign law enforcement officer of a friendly
18        foreign government entering the United States on
19        official business; or
20            (5) one who has received a waiver from the Attorney
21        General of the United States pursuant to 18 U.S.C.
22        922(y)(3);
23        (j) (Blank);
24        (k) A person who has been convicted within the past 5
25    years of battery, assault, aggravated assault, violation
26    of an order of protection, or a substantially similar



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1    offense in another jurisdiction, in which a firearm was
2    used or possessed;
3        (l) A person who has been convicted of domestic
4    battery, aggravated domestic battery, or a substantially
5    similar offense in another jurisdiction committed before,
6    on or after January 1, 2012 (the effective date of Public
7    Act 97-158). If the applicant or person who has been
8    previously issued a Firearm Owner's Identification Card
9    under this Act knowingly and intelligently waives the right
10    to have an offense described in this paragraph (l) tried by
11    a jury, and by guilty plea or otherwise, results in a
12    conviction for an offense in which a domestic relationship
13    is not a required element of the offense but in which a
14    determination of the applicability of 18 U.S.C. 922(g)(9)
15    is made under Section 112A-11.1 of the Code of Criminal
16    Procedure of 1963, an entry by the court of a judgment of
17    conviction for that offense shall be grounds for denying an
18    application for and for revoking and seizing a Firearm
19    Owner's Identification Card previously issued to the
20    person under this Act;
21        (m) (Blank);
22        (n) A person who is prohibited from acquiring or
23    possessing firearms or firearm ammunition by any Illinois
24    State statute or by federal law, other than State statutes
25    and federal laws that may prohibit the acquisition or
26    possession of firearms or firearm ammunition based on a



HB6199- 21 -LRB099 17146 RLC 41504 b

1    person's status as a registered qualifying patient under
2    the Compassionate Use of Medical Cannabis Pilot Program
3    Act;
4        (o) A minor subject to a petition filed under Section
5    5-520 of the Juvenile Court Act of 1987 alleging that the
6    minor is a delinquent minor for the commission of an
7    offense that if committed by an adult would be a felony;
8        (p) An adult who had been adjudicated a delinquent
9    minor under the Juvenile Court Act of 1987 for the
10    commission of an offense that if committed by an adult
11    would be a felony;
12        (q) A person who is not a resident of the State of
13    Illinois, except as provided in subsection (a-10) of
14    Section 4;
15        (r) A person who has been adjudicated as a person with
16    a mental disability;
17        (s) A person who has been found to have a developmental
18    disability;
19        (t) A person involuntarily admitted into a mental
20    health facility; or
21        (u) A person who has had his or her Firearm Owner's
22    Identification Card revoked or denied under subsection (e)
23    of this Section or item (iv) of paragraph (2) of subsection
24    (a) of Section 4 of this Act because he or she was a
25    patient in a mental health facility as provided in
26    subsection (e) of this Section, shall not be permitted to



HB6199- 22 -LRB099 17146 RLC 41504 b

1    obtain a Firearm Owner's Identification Card, after the
2    5-year period has lapsed, unless he or she has received a
3    mental health evaluation by a physician, clinical
4    psychologist, or qualified examiner as those terms are
5    defined in the Mental Health and Developmental
6    Disabilities Code, and has received a certification that he
7    or she is not a clear and present danger to himself,
8    herself, or others. The physician, clinical psychologist,
9    or qualified examiner making the certification and his or
10    her employer shall not be held criminally, civilly, or
11    professionally liable for making or not making the
12    certification required under this subsection, except for
13    willful or wanton misconduct. This subsection does not
14    apply to a person whose firearm possession rights have been
15    restored through administrative or judicial action under
16    Section 10 or 11 of this Act.
17    Upon revocation of a person's Firearm Owner's
18Identification Card, the Department of State Police shall
19provide notice to the person and the person shall comply with
20Section 9.5 of this Act.
21(Source: P.A. 98-63, eff. 7-9-13; 98-508, eff. 8-19-13; 98-756,
22eff. 7-16-14; 99-143, eff. 7-27-15.)