HB4855 EngrossedLRB100 18025 SLF 33213 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 Sections 1.1, 5, 7, and 13.2 and by adding 
6Section 8.3 as follows:



7 (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)


8 Sec. 1.1. For purposes of this Act: 

9 "Addicted to narcotics" means a person who has been: 
10  (1) convicted of an offense involving the use or 
11 possession of cannabis, a controlled substance, or 
12 methamphetamine within the past year; or 
13  (2) determined by the Department of State Police to be 
14 addicted to narcotics based upon federal law or federal 
15 guidelines. 
16 "Addicted to narcotics" does not include possession or use 
17of a prescribed controlled substance under the direction and 
18authority of a physician or other person authorized to 
19prescribe the controlled substance when the controlled 
20substance is used in the prescribed manner.
21 "Adjudicated as a person with a mental disability" means 
22the person is the subject of a determination by a court, board, 
23commission or other lawful authority that the person, as a 
 
 
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1result of marked subnormal intelligence, or mental illness, 
2mental impairment, incompetency, condition, or disease:
3  (1) presents a clear and present danger to himself, 
4 herself, or to others;
5  (2) lacks the mental capacity to manage his or her own 
6 affairs or is adjudicated a person with a disability as 
7 defined in Section 11a-2 of the Probate Act of 1975;
8  (3) is not guilty in a criminal case by reason of 
9 insanity, mental disease or defect;
10  (3.5) is guilty but mentally ill, as provided in 
11 Section 5-2-6 of the Unified Code of Corrections; 
12  (4) is incompetent to stand trial in a criminal case; 
13  (5) is not guilty by reason of lack of mental 
14 responsibility under Articles 50a and 72b of the Uniform 
15 Code of Military Justice, 10 U.S.C. 850a, 876b;

16  (6) is a sexually violent person under subsection (f) 
17 of Section 5 of the Sexually Violent Persons Commitment 
18 Act; 
19  (7) is a sexually dangerous person under the Sexually 
20 Dangerous Persons Act; 
21  (8) is unfit to stand trial under the Juvenile Court 
22 Act of 1987; 
23  (9) is not guilty by reason of insanity under the 
24 Juvenile Court Act of 1987; 
25  (10) is subject to involuntary admission as an 
26 inpatient as defined in Section 1-119 of the Mental Health 
 
 
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1 and Developmental Disabilities Code; 
2  (11) is subject to involuntary admission as an 
3 outpatient as defined in Section 1-119.1 of the Mental 
4 Health and Developmental Disabilities Code; 
5  (12) is subject to judicial admission as set forth in 
6 Section 4-500 of the Mental Health and Developmental 
7 Disabilities Code; or 
8  (13) is subject to the provisions of the Interstate 
9 Agreements on Sexually Dangerous Persons Act. 
10 "Clear and present danger" means a person who:
11  (1) communicates a serious threat of physical violence 
12 against a reasonably identifiable victim or poses a clear 
13 and imminent risk of serious physical injury to himself, 
14 herself, or another person as determined by a physician, 
15 clinical psychologist, or qualified examiner; or
16  (2) demonstrates threatening physical or verbal 
17 behavior, such as violent, suicidal, or assaultive 
18 threats, actions, or other behavior, as determined by a 
19 physician, clinical psychologist, qualified examiner, 
20 school administrator, or law enforcement official.
21 "Clinical psychologist" has the meaning provided in 
22Section 1-103 of the Mental Health and Developmental 
23Disabilities Code.
24 "Controlled substance" means a controlled substance or 
25controlled substance analog as defined in the Illinois 
26Controlled Substances Act. 
 
 
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1 "Counterfeit" means to copy or imitate, without legal 
2authority, with
intent
to deceive.
3 "Federally licensed firearm dealer" means a person who is 
4licensed as a federal firearms dealer under Section 923 of the 
5federal Gun Control Act of 1968 (18 U.S.C. 923).


6 "Firearm" means any device, by
whatever name known, which 
7is designed to expel a projectile or projectiles
by the action 
8of an explosion, expansion of gas or escape of gas; excluding,

9however:

10  (1) any pneumatic gun, spring gun, paint ball gun, or 
11 B-B gun which
expels a single globular projectile not 
12 exceeding .18 inch in
diameter or which has a maximum 
13 muzzle velocity of less than 700 feet
per second;

14  (1.1) any pneumatic gun, spring gun, paint ball gun, or 
15 B-B gun which expels breakable paint balls containing 
16 washable marking colors; 
17  (2) any device used exclusively for signalling or 
18 safety and required or
recommended by the United States 
19 Coast Guard or the Interstate Commerce
Commission;

20  (3) any device used exclusively for the firing of stud 
21 cartridges,
explosive rivets or similar industrial 
22 ammunition; and

23  (4) an antique firearm (other than a machine-gun) 
24 which, although
designed as a weapon, the Department of 
25 State Police finds by reason of
the date of its 
26 manufacture, value, design, and other characteristics is

 
 
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1 primarily a collector's item and is not likely to be used 
2 as a weapon.

3 "Firearm ammunition" means any self-contained cartridge or 
4shotgun
shell, by whatever name known, which is designed to be 
5used or adaptable to
use in a firearm; excluding, however:

6  (1) any ammunition exclusively designed for use with a 
7 device used
exclusively for signalling or safety and 
8 required or recommended by the
United States Coast Guard or 
9 the Interstate Commerce Commission; and

10  (2) any ammunition designed exclusively for use with a 
11 stud or rivet
driver or other similar industrial 
12 ammunition.
13 "Gun show" means an event or function:
14  (1) at which the sale and transfer of firearms is the 
15 regular and normal course of business and where 50 or more 
16 firearms are displayed, offered, or exhibited for sale, 
17 transfer, or exchange; or
18  (2) at which not less than 10 gun show vendors display, 
19 offer, or exhibit for sale, sell, transfer, or exchange 
20 firearms.

21 "Gun show" includes the entire premises provided for an 
22event or function, including parking areas for the event or 
23function, that is sponsored to facilitate the purchase, sale, 
24transfer, or exchange of firearms as described in this Section.

25Nothing in this definition shall be construed to exclude a gun 
26show held in conjunction with competitive shooting events at 
 
 
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1the World Shooting Complex sanctioned by a national governing 
2body in which the sale or transfer of firearms is authorized 
3under subparagraph (5) of paragraph (g) of subsection (A) of 
4Section 24-3 of the Criminal Code of 2012. 
5 Unless otherwise expressly stated, "gun show" does not 
6include training or safety classes, competitive shooting 
7events, such as rifle, shotgun, or handgun matches, trap, 
8skeet, or sporting clays shoots, dinners, banquets, raffles, or

9any other event where the sale or transfer of firearms is not 
10the primary course of business.
11 "Gun show promoter" means a person who organizes or 
12operates a gun show.
13 "Gun show vendor" means a person who exhibits, sells, 
14offers for sale, transfers, or exchanges any firearms at a gun 
15show, regardless of whether the person arranges with a gun show 
16promoter for a fixed location from which to exhibit, sell, 
17offer for sale, transfer, or exchange any firearm.
18 "Involuntarily admitted" has the meaning as prescribed in 
19Sections 1-119 and 1-119.1 of the Mental Health and 
20Developmental Disabilities Code. 
21 "Mental health facility" means any licensed private 
22hospital or hospital affiliate, institution, or facility, or 
23part thereof, and any facility, or part thereof, operated by 
24the State or a political subdivision thereof which provide 
25treatment of persons with mental illness and includes all 
26hospitals, institutions, clinics, evaluation facilities, 
 
 
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1mental health centers, colleges, universities, long-term care 
2facilities, and nursing homes, or parts thereof, which provide 
3treatment of persons with mental illness whether or not the 
4primary purpose is to provide treatment of persons with mental 
5illness. 
6 "National governing body" means a group of persons who 
7adopt rules and formulate policy on behalf of a national 
8firearm sporting organization. 
9 "Patient" means: 
10  (1) a person who is admitted as an inpatient or 
11 resident of a public or private mental health facility for 
12 mental health treatment under Chapter III of the Mental 
13 Health and Developmental Disabilities Code as an informal 
14 admission, a voluntary admission, a minor admission, an 
15 emergency admission, or an involuntary admission, 
16 voluntarily receives mental health treatment as an 
17 in-patient or resident of any public or private mental 
18 health facility, unless the treatment was solely for an 
19 alcohol abuse disorder and no other secondary substance 
20 abuse disorder or mental illness; or 
21  (2) a person who voluntarily or involuntarily receives 
22 mental health treatment as an out-patient or is otherwise 
23 provided services by a public or private mental health 
24 facility, and who poses a clear and present danger to 
25 himself, herself, or to others. 
26 "Person with a developmental disability" means a person 
 
 
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1with a disability which is attributable to any other condition 
2which results in impairment similar to that caused by an 
3intellectual disability and which requires services similar to 
4those required by persons with intellectual disabilities. The 
5disability must originate before the age of 18
years, be 
6expected to continue indefinitely, and constitute a 
7substantial disability. This disability results, in the 
8professional opinion of a physician, clinical psychologist, or 
9qualified examiner, in significant functional limitations in 3 
10or more of the following areas of major life activity:
11  (i) self-care;
12  (ii) receptive and expressive language;
13  (iii) learning;
14  (iv) mobility; or
15  (v) self-direction. 
16 "Person with an intellectual disability" means a person 
17with a significantly subaverage general intellectual 
18functioning which exists concurrently with impairment in 
19adaptive behavior and which originates before the age of 18 
20years. 
21 "Physician" has the meaning as defined in Section 1-120 of 
22the Mental Health and Developmental Disabilities Code.
23 "Qualified examiner" has the meaning provided in Section 
241-122 of the Mental Health and Developmental Disabilities Code.
25 "Sanctioned competitive shooting event" means a shooting 
26contest officially recognized by a national or state shooting 
 
 
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1sport association, and includes any sight-in or practice 
2conducted in conjunction with the event.


3 "School administrator" means the person required to report 
4under the School Administrator Reporting of Mental Health Clear 
5and Present Danger Determinations Law.
6 "Stun gun or taser" has the meaning ascribed to it in 
7Section 24-1 of the Criminal Code of 2012.
8(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143, 
9eff. 7-27-15; 99-642, eff. 7-28-16.)



10 (430 ILCS 65/5) (from Ch. 38, par. 83-5)


11 Sec. 5. Application and renewal. 
12 (a) The Department of State Police shall either approve or

13deny all applications within 30 days from the date they are 
14received,
except as provided in subsection (b) of this Section, 
15and every applicant found qualified under Section 8 of this Act 
16by
the Department shall be entitled to a Firearm Owner's 
17Identification
Card upon the payment of a $10 fee. Any 
18applicant who is an active duty member of the Armed Forces of 
19the United States, a member of the Illinois National Guard, or 
20a member of the Reserve Forces of the United States is exempt 
21from the application fee. $6 of each fee derived from the

22issuance of Firearm Owner's Identification Cards, or renewals 
23thereof,
shall be deposited in the Wildlife and Fish Fund in 
24the State Treasury;
$1 of the fee shall be deposited in the 
25State Police Services Fund and $3 of the fee shall be deposited 
 
 
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1in the
State Police Firearm Services Fund.
2 (b) Renewal applications shall be approved or denied within 
360 business days, provided the applicant submitted his or her 
4renewal application prior to the expiration of his or her 
5Firearm Owner's Identification Card. If a renewal application 
6has been submitted prior to the expiration date of the 
7applicant's Firearm Owner's Identification Card, the Firearm 
8Owner's Identification Card shall remain valid while the 
9Department processes the application, unless the person is 
10subject to or becomes subject to revocation under this Act. The 
11cost for a renewal application shall be $10 which shall be 
12deposited into the State Police Firearm Services Fund. 

13(Source: P.A. 98-63, eff. 7-9-13.)




14 (430 ILCS 65/7) (from Ch. 38, par. 83-7)



15 Sec. 7. Validity of Firearm Owner's Identification Card. 
16 (a) Except as provided in Section 8 of this Act or 
17subsection (b) of this Section, a Firearm Owner's

18Identification Card issued under the provisions of this Act 
19shall be valid
for the person to whom it is issued for a period 
20of 10 years from the date
of issuance.
21 (b) If a renewal application is submitted to the Department 
22before the expiration date of the applicant's current Firearm 
23Owner's Identification Card, the Firearm Owner's 
24Identification Card shall remain valid for a period of 60 
25business days, unless the person is subject to or becomes 
 
 
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1subject to revocation under this Act. 

2(Source: P.A. 95-581, eff. 6-1-08.)


3 (430 ILCS 65/8.3 new)
4 Sec. 8.3. Suspension of Firearm Owner's Identification 
5Card. The Department of State Police may, by rule in a manner 
6consistent with the Department's rules concerning revocation, 
7provide for the suspension of the Firearm Owner's 
8Identification Card of a person whose Firearm Owner's 
9Identification Card is subject to revocation and seizure under 
10this Act for the duration of the disqualification if the 
11disqualification is not a permanent grounds for revocation of a 
12Firearm Owner's Identification Card under this Act.




13 (430 ILCS 65/13.2) (from Ch. 38, par. 83-13.2)



14 Sec. 13.2. Renewal; name or address change; replacement 
15card. The Department of State Police shall, 60 days
prior to 
16the expiration of a Firearm Owner's Identification Card,

17forward by first class mail to each person whose card is to 
18expire a
notification of the
expiration of the card and 
19instructions for renewal an application which may be used to

20apply for renewal of the card.
It is the obligation of the 
21holder of a Firearm Owner's Identification Card
to notify the 
22Department of State Police of any address change since the

23issuance of
the Firearm Owner's Identification Card. Whenever 
24any person moves from the residence address named on his or her 
 
 
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1card, the person shall within 21 calendar days thereafter 
2notify in a form and manner prescribed by the Department of his 
3or her old and new residence addresses and the card number held 
4by him or her. Any person whose legal name has changed from the 
5name on the card that he or she has been previously issued must 
6apply for a corrected card within 30 calendar days after the 
7change. The cost for a corrected card shall be $5. The cost for 
8replacement of a card which has been lost, destroyed, or stolen 
9shall be $5 if the loss, destruction, or theft of the card is 
10reported to the Department of State Police. The fees collected 
11under this Section which shall be deposited into the State 
12Police Firearm Services Fund. 

13(Source: P.A. 97-1131, eff. 1-1-13; 98-63, eff. 7-9-13.)