100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5478
 
Introduced , by Rep. Martin J. Moylan
 
SYNOPSIS AS INTRODUCED:






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

 Amends the Firearm Owners Identification Card Act. Adds to the definition of "firearm" for purposes of the Act includes any combination of parts designed or intended to be used to convert a device into a firearm or from which a firearm may be readily assembled. Effective immediately.



LRB100 15880 SLF 30991 b


 
 
A BILL FOR
 


HB5478LRB100 15880 SLF 30991 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 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 
17authority of a physician or other person authorized to 
18prescribe the controlled substance when the controlled 
19substance is used in the prescribed manner.
20 "Adjudicated as a person with a mental disability" means 
21the person is the subject of a determination by a court, board, 
22commission or other lawful authority that the person, as a 
23result of marked subnormal intelligence, or mental illness, 
 
 
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1mental impairment, incompetency, condition, or disease:
2  (1) presents a clear and present danger to himself, 
3 herself, or to others;
4  (2) lacks the mental capacity to manage his or her own 
5 affairs or is adjudicated a person with a disability as 
6 defined in Section 11a-2 of the Probate Act of 1975;
7  (3) is not guilty in a criminal case by reason of 
8 insanity, mental disease or defect;
9  (3.5) is guilty but mentally ill, as provided in 
10 Section 5-2-6 of the Unified Code of Corrections; 
11  (4) is incompetent to stand trial in a criminal case; 
12  (5) is not guilty by reason of lack of mental 
13 responsibility under Articles 50a and 72b of the Uniform 
14 Code of Military Justice, 10 U.S.C. 850a, 876b;

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


5 "Firearm" means any device, by
whatever name known, which 
6is designed to expel a projectile or projectiles
by the action 
7of an explosion, expansion of gas or escape of gas, or any 
8combination of parts designed or intended to be used to convert 
9a device into a firearm or from which a firearm may be readily 
10assembled; excluding,
however:

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

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

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

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

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

4 "Firearm ammunition" means any self-contained cartridge or 
5shotgun
shell, by whatever name known, which is designed to be 
6used or adaptable to
use in a firearm; excluding, however:

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

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

22 "Gun show" includes the entire premises provided for an 
23event or function, including parking areas for the event or 
24function, that is sponsored to facilitate the purchase, sale, 
25transfer, or exchange of firearms as described in this Section.

26Nothing in this definition shall be construed to exclude a gun 
 
 
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1show held in conjunction with competitive shooting events at 
2the World Shooting Complex sanctioned by a national governing 
3body in which the sale or transfer of firearms is authorized 
4under subparagraph (5) of paragraph (g) of subsection (A) of 
5Section 24-3 of the Criminal Code of 2012. 
6 Unless otherwise expressly stated, "gun show" does not 
7include training or safety classes, competitive shooting 
8events, such as rifle, shotgun, or handgun matches, trap, 
9skeet, or sporting clays shoots, dinners, banquets, raffles, or

10any other event where the sale or transfer of firearms is not 
11the primary course of business.
12 "Gun show promoter" means a person who organizes or 
13operates a gun show.
14 "Gun show vendor" means a person who exhibits, sells, 
15offers for sale, transfers, or exchanges any firearms at a gun 
16show, regardless of whether the person arranges with a gun show 
17promoter for a fixed location from which to exhibit, sell, 
18offer for sale, transfer, or exchange any firearm.
19 "Involuntarily admitted" has the meaning as prescribed in 
20Sections 1-119 and 1-119.1 of the Mental Health and 
21Developmental Disabilities Code. 
22 "Mental health facility" means any licensed private 
23hospital or hospital affiliate, institution, or facility, or 
24part thereof, and any facility, or part thereof, operated by 
25the State or a political subdivision thereof which provide 
26treatment of persons with mental illness and includes all 
 
 
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1hospitals, institutions, clinics, evaluation facilities, 
2mental health centers, colleges, universities, long-term care 
3facilities, and nursing homes, or parts thereof, which provide 
4treatment of persons with mental illness whether or not the 
5primary purpose is to provide treatment of persons with mental 
6illness. 
7 "National governing body" means a group of persons who 
8adopt rules and formulate policy on behalf of a national 
9firearm sporting organization. 
10 "Patient" means: 
11  (1) a person who voluntarily receives mental health 
12 treatment as an in-patient or resident of any public or 
13 private mental health facility, unless the treatment was 
14 solely for an alcohol abuse disorder and no other secondary 
15 substance abuse disorder or mental illness; or 
16  (2) a person who voluntarily receives mental health 
17 treatment as an out-patient or is provided services by a 
18 public or private mental health facility, and who poses a 
19 clear and present danger to himself, herself, or to others. 
20 "Person with a developmental disability" means a person 
21with a disability which is attributable to any other condition 
22which results in impairment similar to that caused by an 
23intellectual disability and which requires services similar to 
24those required by persons with intellectual disabilities. The 
25disability must originate before the age of 18
years, be 
26expected to continue indefinitely, and constitute a 
 
 
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1substantial disability. This disability results, in the 
2professional opinion of a physician, clinical psychologist, or 
3qualified examiner, in significant functional limitations in 3 
4or more of the following areas of major life activity:
5  (i) self-care;
6  (ii) receptive and expressive language;
7  (iii) learning;
8  (iv) mobility; or
9  (v) self-direction. 
10 "Person with an intellectual disability" means a person 
11with a significantly subaverage general intellectual 
12functioning which exists concurrently with impairment in 
13adaptive behavior and which originates before the age of 18 
14years. 
15 "Physician" has the meaning as defined in Section 1-120 of 
16the Mental Health and Developmental Disabilities Code.
17 "Qualified examiner" has the meaning provided in Section 
181-122 of the Mental Health and Developmental Disabilities Code.
19 "Sanctioned competitive shooting event" means a shooting 
20contest officially recognized by a national or state shooting 
21sport association, and includes any sight-in or practice 
22conducted in conjunction with the event.


23 "School administrator" means the person required to report 
24under the School Administrator Reporting of Mental Health Clear 
25and Present Danger Determinations Law.
26 "Stun gun or taser" has the meaning ascribed to it in 
 
 
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1Section 24-1 of the Criminal Code of 2012.
2(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143, 
3eff. 7-27-15; 99-642, eff. 7-28-16.)


4 Section 99. Effective date. This Act takes effect upon 
5becoming law.