Public Act 100-0906

HB4855 Enrolled LRB100 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.)