Illinois General Assembly - Full Text of Public Act 100-0906
Illinois General Assembly

Previous General Assemblies

Public Act 100-0906


 

Public Act 0906 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0906
 
HB4855 EnrolledLRB100 18025 SLF 33213 b

    AN ACT concerning safety.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Firearm Owners Identification Card Act is
amended by changing Sections 1.1, 5, 7, and 13.2 and by adding
Section 8.3 as follows:
 
    (430 ILCS 65/1.1)  (from Ch. 38, par. 83-1.1)
    Sec. 1.1. For purposes of this Act:
    "Addicted to narcotics" means a person who has been:
        (1) convicted of an offense involving the use or
    possession of cannabis, a controlled substance, or
    methamphetamine within the past year; or
        (2) determined by the Department of State Police to be
    addicted to narcotics based upon federal law or federal
    guidelines.
    "Addicted to narcotics" does not include possession or use
of a prescribed controlled substance under the direction and
authority of a physician or other person authorized to
prescribe the controlled substance when the controlled
substance is used in the prescribed manner.
    "Adjudicated as a person with a mental disability" means
the person is the subject of a determination by a court, board,
commission or other lawful authority that the person, as a
result of marked subnormal intelligence, or mental illness,
mental impairment, incompetency, condition, or disease:
        (1) presents a clear and present danger to himself,
    herself, or to others;
        (2) lacks the mental capacity to manage his or her own
    affairs or is adjudicated a person with a disability as
    defined in Section 11a-2 of the Probate Act of 1975;
        (3) is not guilty in a criminal case by reason of
    insanity, mental disease or defect;
        (3.5) is guilty but mentally ill, as provided in
    Section 5-2-6 of the Unified Code of Corrections;
        (4) is incompetent to stand trial in a criminal case;
        (5) is not guilty by reason of lack of mental
    responsibility under Articles 50a and 72b of the Uniform
    Code of Military Justice, 10 U.S.C. 850a, 876b;
        (6) is a sexually violent person under subsection (f)
    of Section 5 of the Sexually Violent Persons Commitment
    Act;
        (7) is a sexually dangerous person under the Sexually
    Dangerous Persons Act;
        (8) is unfit to stand trial under the Juvenile Court
    Act of 1987;
        (9) is not guilty by reason of insanity under the
    Juvenile Court Act of 1987;
        (10) is subject to involuntary admission as an
    inpatient as defined in Section 1-119 of the Mental Health
    and Developmental Disabilities Code;
        (11) is subject to involuntary admission as an
    outpatient as defined in Section 1-119.1 of the Mental
    Health and Developmental Disabilities Code;
        (12) is subject to judicial admission as set forth in
    Section 4-500 of the Mental Health and Developmental
    Disabilities Code; or
        (13) is subject to the provisions of the Interstate
    Agreements on Sexually Dangerous Persons Act.
    "Clear and present danger" means a person who:
        (1) communicates a serious threat of physical violence
    against a reasonably identifiable victim or poses a clear
    and imminent risk of serious physical injury to himself,
    herself, or another person as determined by a physician,
    clinical psychologist, or qualified examiner; or
        (2) demonstrates threatening physical or verbal
    behavior, such as violent, suicidal, or assaultive
    threats, actions, or other behavior, as determined by a
    physician, clinical psychologist, qualified examiner,
    school administrator, or law enforcement official.
    "Clinical psychologist" has the meaning provided in
Section 1-103 of the Mental Health and Developmental
Disabilities Code.
    "Controlled substance" means a controlled substance or
controlled substance analog as defined in the Illinois
Controlled Substances Act.
    "Counterfeit" means to copy or imitate, without legal
authority, with intent to deceive.
    "Federally licensed firearm dealer" means a person who is
licensed as a federal firearms dealer under Section 923 of the
federal Gun Control Act of 1968 (18 U.S.C. 923).
    "Firearm" means any device, by whatever name known, which
is designed to expel a projectile or projectiles by the action
of an explosion, expansion of gas or escape of gas; excluding,
however:
        (1) any pneumatic gun, spring gun, paint ball gun, or
    B-B gun which expels a single globular projectile not
    exceeding .18 inch in diameter or which has a maximum
    muzzle velocity of less than 700 feet per second;
        (1.1) any pneumatic gun, spring gun, paint ball gun, or
    B-B gun which expels breakable paint balls containing
    washable marking colors;
        (2) any device used exclusively for signalling or
    safety and required or recommended by the United States
    Coast Guard or the Interstate Commerce Commission;
        (3) any device used exclusively for the firing of stud
    cartridges, explosive rivets or similar industrial
    ammunition; and
        (4) an antique firearm (other than a machine-gun)
    which, although designed as a weapon, the Department of
    State Police finds by reason of the date of its
    manufacture, value, design, and other characteristics is
    primarily a collector's item and is not likely to be used
    as a weapon.
    "Firearm ammunition" means any self-contained cartridge or
shotgun shell, by whatever name known, which is designed to be
used or adaptable to use in a firearm; excluding, however:
        (1) any ammunition exclusively designed for use with a
    device used exclusively for signalling or safety and
    required or recommended by the United States Coast Guard or
    the Interstate Commerce Commission; and
        (2) any ammunition designed exclusively for use with a
    stud or rivet driver or other similar industrial
    ammunition.
    "Gun show" means an event or function:
        (1) at which the sale and transfer of firearms is the
    regular and normal course of business and where 50 or more
    firearms are displayed, offered, or exhibited for sale,
    transfer, or exchange; or
        (2) at which not less than 10 gun show vendors display,
    offer, or exhibit for sale, sell, transfer, or exchange
    firearms.
    "Gun show" includes the entire premises provided for an
event or function, including parking areas for the event or
function, that is sponsored to facilitate the purchase, sale,
transfer, or exchange of firearms as described in this Section.
Nothing in this definition shall be construed to exclude a gun
show held in conjunction with competitive shooting events at
the World Shooting Complex sanctioned by a national governing
body in which the sale or transfer of firearms is authorized
under subparagraph (5) of paragraph (g) of subsection (A) of
Section 24-3 of the Criminal Code of 2012.
    Unless otherwise expressly stated, "gun show" does not
include training or safety classes, competitive shooting
events, such as rifle, shotgun, or handgun matches, trap,
skeet, or sporting clays shoots, dinners, banquets, raffles, or
any other event where the sale or transfer of firearms is not
the primary course of business.
    "Gun show promoter" means a person who organizes or
operates a gun show.
    "Gun show vendor" means a person who exhibits, sells,
offers for sale, transfers, or exchanges any firearms at a gun
show, regardless of whether the person arranges with a gun show
promoter for a fixed location from which to exhibit, sell,
offer for sale, transfer, or exchange any firearm.
    "Involuntarily admitted" has the meaning as prescribed in
Sections 1-119 and 1-119.1 of the Mental Health and
Developmental Disabilities Code.
    "Mental health facility" means any licensed private
hospital or hospital affiliate, institution, or facility, or
part thereof, and any facility, or part thereof, operated by
the State or a political subdivision thereof which provide
treatment of persons with mental illness and includes all
hospitals, institutions, clinics, evaluation facilities,
mental health centers, colleges, universities, long-term care
facilities, and nursing homes, or parts thereof, which provide
treatment of persons with mental illness whether or not the
primary purpose is to provide treatment of persons with mental
illness.
    "National governing body" means a group of persons who
adopt rules and formulate policy on behalf of a national
firearm sporting organization.
    "Patient" means:
        (1) a person who is admitted as an inpatient or
    resident of a public or private mental health facility for
    mental health treatment under Chapter III of the Mental
    Health and Developmental Disabilities Code as an informal
    admission, a voluntary admission, a minor admission, an
    emergency admission, or an involuntary admission,
    voluntarily receives mental health treatment as an
    in-patient or resident of any public or private mental
    health facility, unless the treatment was solely for an
    alcohol abuse disorder and no other secondary substance
    abuse disorder or mental illness; or
        (2) a person who voluntarily or involuntarily receives
    mental health treatment as an out-patient or is otherwise
    provided services by a public or private mental health
    facility, and who poses a clear and present danger to
    himself, herself, or to others.
    "Person with a developmental disability" means a person
with a disability which is attributable to any other condition
which results in impairment similar to that caused by an
intellectual disability and which requires services similar to
those required by persons with intellectual disabilities. The
disability must originate before the age of 18 years, be
expected to continue indefinitely, and constitute a
substantial disability. This disability results, in the
professional opinion of a physician, clinical psychologist, or
qualified examiner, in significant functional limitations in 3
or more of the following areas of major life activity:
        (i) self-care;
        (ii) receptive and expressive language;
        (iii) learning;
        (iv) mobility; or
        (v) self-direction.
    "Person with an intellectual disability" means a person
with a significantly subaverage general intellectual
functioning which exists concurrently with impairment in
adaptive behavior and which originates before the age of 18
years.
    "Physician" has the meaning as defined in Section 1-120 of
the Mental Health and Developmental Disabilities Code.
    "Qualified examiner" has the meaning provided in Section
1-122 of the Mental Health and Developmental Disabilities Code.
    "Sanctioned competitive shooting event" means a shooting
contest officially recognized by a national or state shooting
sport association, and includes any sight-in or practice
conducted in conjunction with the event.
    "School administrator" means the person required to report
under the School Administrator Reporting of Mental Health Clear
and Present Danger Determinations Law.
    "Stun gun or taser" has the meaning ascribed to it in
Section 24-1 of the Criminal Code of 2012.
(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143,
eff. 7-27-15; 99-642, eff. 7-28-16.)
 
    (430 ILCS 65/5)  (from Ch. 38, par. 83-5)
    Sec. 5. Application and renewal.
    (a) The Department of State Police shall either approve or
deny all applications within 30 days from the date they are
received, except as provided in subsection (b) of this Section,
and every applicant found qualified under Section 8 of this Act
by the Department shall be entitled to a Firearm Owner's
Identification Card upon the payment of a $10 fee. Any
applicant who is an active duty member of the Armed Forces of
the United States, a member of the Illinois National Guard, or
a member of the Reserve Forces of the United States is exempt
from the application fee. $6 of each fee derived from the
issuance of Firearm Owner's Identification Cards, or renewals
thereof, shall be deposited in the Wildlife and Fish Fund in
the State Treasury; $1 of the fee shall be deposited in the
State Police Services Fund and $3 of the fee shall be deposited
in the State Police Firearm Services Fund.
    (b) Renewal applications shall be approved or denied within
60 business days, provided the applicant submitted his or her
renewal application prior to the expiration of his or her
Firearm Owner's Identification Card. If a renewal application
has been submitted prior to the expiration date of the
applicant's Firearm Owner's Identification Card, the Firearm
Owner's Identification Card shall remain valid while the
Department processes the application, unless the person is
subject to or becomes subject to revocation under this Act. The
cost for a renewal application shall be $10 which shall be
deposited into the State Police Firearm Services Fund.
(Source: P.A. 98-63, eff. 7-9-13.)
 
    (430 ILCS 65/7)  (from Ch. 38, par. 83-7)
    Sec. 7. Validity of Firearm Owner's Identification Card.
    (a) Except as provided in Section 8 of this Act or
subsection (b) of this Section, a Firearm Owner's
Identification Card issued under the provisions of this Act
shall be valid for the person to whom it is issued for a period
of 10 years from the date of issuance.
    (b) If a renewal application is submitted to the Department
before the expiration date of the applicant's current Firearm
Owner's Identification Card, the Firearm Owner's
Identification Card shall remain valid for a period of 60
business days, unless the person is subject to or becomes
subject to revocation under this Act.
(Source: P.A. 95-581, eff. 6-1-08.)
 
    (430 ILCS 65/8.3 new)
    Sec. 8.3. Suspension of Firearm Owner's Identification
Card. The Department of State Police may, by rule in a manner
consistent with the Department's rules concerning revocation,
provide for the suspension of the Firearm Owner's
Identification Card of a person whose Firearm Owner's
Identification Card is subject to revocation and seizure under
this Act for the duration of the disqualification if the
disqualification is not a permanent grounds for revocation of a
Firearm Owner's Identification Card under this Act.
 
    (430 ILCS 65/13.2)  (from Ch. 38, par. 83-13.2)
    Sec. 13.2. Renewal; name or address change; replacement
card. The Department of State Police shall, 60 days prior to
the expiration of a Firearm Owner's Identification Card,
forward by first class mail to each person whose card is to
expire a notification of the expiration of the card and
instructions for renewal an application which may be used to
apply for renewal of the card. It is the obligation of the
holder of a Firearm Owner's Identification Card to notify the
Department of State Police of any address change since the
issuance of the Firearm Owner's Identification Card. Whenever
any person moves from the residence address named on his or her
card, the person shall within 21 calendar days thereafter
notify in a form and manner prescribed by the Department of his
or her old and new residence addresses and the card number held
by him or her. Any person whose legal name has changed from the
name on the card that he or she has been previously issued must
apply for a corrected card within 30 calendar days after the
change. The cost for a corrected card shall be $5. The cost for
replacement of a card which has been lost, destroyed, or stolen
shall be $5 if the loss, destruction, or theft of the card is
reported to the Department of State Police. The fees collected
under this Section which shall be deposited into the State
Police Firearm Services Fund.
(Source: P.A. 97-1131, eff. 1-1-13; 98-63, eff. 7-9-13.)

Effective Date: 1/1/2019