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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB2970 Introduced 2/4/2014, by Sen. Mike Jacobs SYNOPSIS AS INTRODUCED:
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430 ILCS 65/1.1 | from Ch. 38, par. 83-1.1 |
430 ILCS 66/5 | |
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Amends the Firearm Owners Identification Card Act and the Firearm Concealed Carry Act. Defines "regulation" as an ordinance, resolution, or rule that has the effect of controlling, limiting, restricting, or placing of an additional fee on a firearm, ammunition, or component of a firearm or ammunition. Effective immediately.
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| | A BILL FOR |
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| | SB2970 | | LRB098 19255 RLC 54407 b |
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| 1 | | AN ACT concerning safety.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Firearm Owners Identification Card Act is |
| 5 | | amended by changing Section 1.1 as follows:
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| 6 | | (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
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| 7 | | Sec. 1.1. For purposes of this Act:
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| 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 |
| 16 | | of a prescribed controlled substance under the direction and |
| 17 | | authority of a physician or other person authorized to |
| 18 | | prescribe the controlled substance when the controlled |
| 19 | | substance is used in the prescribed manner. |
| 20 | | "Adjudicated as a mentally disabled person" means the |
| 21 | | person is the subject of a determination by a court, board, |
| 22 | | commission or other lawful authority that the person, as a |
| 23 | | result of marked subnormal intelligence, or mental illness, |
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| 1 | | mental 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 disabled person as defined in |
| 6 | | 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;
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| 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 |
| 21 | | Section 1-103 of the Mental Health and Developmental |
| 22 | | Disabilities Code. |
| 23 | | "Controlled substance" means a controlled substance or |
| 24 | | controlled substance analog as defined in the Illinois |
| 25 | | Controlled Substances Act. |
| 26 | | "Counterfeit" means to copy or imitate, without legal |
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| 1 | | authority, with
intent
to deceive. |
| 2 | | "Developmentally disabled" means a disability which is |
| 3 | | attributable to any other condition which results in impairment |
| 4 | | similar to that caused by an intellectual disability and which |
| 5 | | requires services similar to those required by intellectually |
| 6 | | disabled persons. The disability must originate before the age |
| 7 | | of 18
years, be expected to continue indefinitely, and |
| 8 | | constitute a substantial handicap. |
| 9 | | "Federally licensed firearm dealer" means a person who is |
| 10 | | licensed as a federal firearms dealer under Section 923 of the |
| 11 | | federal Gun Control Act of 1968 (18 U.S.C. 923).
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| 12 | | "Firearm" means any device, by
whatever name known, which |
| 13 | | is designed to expel a projectile or projectiles
by the action |
| 14 | | of an explosion, expansion of gas or escape of gas; excluding,
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| 15 | | however:
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| 16 | | (1) any pneumatic gun, spring gun, paint ball gun, or |
| 17 | | B-B gun which
expels a single globular projectile not |
| 18 | | exceeding .18 inch in
diameter or which has a maximum |
| 19 | | muzzle velocity of less than 700 feet
per second;
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| 20 | | (1.1) any pneumatic gun, spring gun, paint ball gun, or |
| 21 | | B-B gun which expels breakable paint balls containing |
| 22 | | washable marking colors;
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| 23 | | (2) any device used exclusively for signalling or |
| 24 | | safety and required or
recommended by the United States |
| 25 | | Coast Guard or the Interstate Commerce
Commission;
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| 26 | | (3) any device used exclusively for the firing of stud |
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| 1 | | cartridges,
explosive rivets or similar industrial |
| 2 | | ammunition; and
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| 3 | | (4) an antique firearm (other than a machine-gun) |
| 4 | | which, although
designed as a weapon, the Department of |
| 5 | | State Police finds by reason of
the date of its |
| 6 | | manufacture, value, design, and other characteristics is
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| 7 | | primarily a collector's item and is not likely to be used |
| 8 | | as a weapon.
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| 9 | | "Firearm ammunition" means any self-contained cartridge or |
| 10 | | shotgun
shell, by whatever name known, which is designed to be |
| 11 | | used or adaptable to
use in a firearm; excluding, however:
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| 12 | | (1) any ammunition exclusively designed for use with a |
| 13 | | device used
exclusively for signalling or safety and |
| 14 | | required or recommended by the
United States Coast Guard or |
| 15 | | the Interstate Commerce Commission; and
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| 16 | | (2) any ammunition designed exclusively for use with a |
| 17 | | stud or rivet
driver or other similar industrial |
| 18 | | ammunition. |
| 19 | | "Gun show" means an event or function: |
| 20 | | (1) at which the sale and transfer of firearms is the |
| 21 | | regular and normal course of business and where 50 or more |
| 22 | | firearms are displayed, offered, or exhibited for sale, |
| 23 | | transfer, or exchange; or |
| 24 | | (2) at which not less than 10 gun show vendors display, |
| 25 | | offer, or exhibit for sale, sell, transfer, or exchange |
| 26 | | firearms.
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| 1 | | "Gun show" includes the entire premises provided for an |
| 2 | | event or function, including parking areas for the event or |
| 3 | | function, that is sponsored to facilitate the purchase, sale, |
| 4 | | transfer, or exchange of firearms as described in this Section.
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| 5 | | "Gun show" does not include training or safety classes, |
| 6 | | competitive shooting events, such as rifle, shotgun, or handgun |
| 7 | | matches, trap, skeet, or sporting clays shoots, dinners, |
| 8 | | banquets, raffles, or
any other event where the sale or |
| 9 | | transfer of firearms is not the primary course of business. |
| 10 | | "Gun show promoter" means a person who organizes or |
| 11 | | operates a gun show. |
| 12 | | "Gun show vendor" means a person who exhibits, sells, |
| 13 | | offers for sale, transfers, or exchanges any firearms at a gun |
| 14 | | show, regardless of whether the person arranges with a gun show |
| 15 | | promoter for a fixed location from which to exhibit, sell, |
| 16 | | offer for sale, transfer, or exchange any firearm. |
| 17 | | "Intellectually disabled" means significantly subaverage |
| 18 | | general intellectual functioning which exists concurrently |
| 19 | | with impairment in adaptive behavior and which originates |
| 20 | | before the age of 18 years. |
| 21 | | "Involuntarily admitted" has the meaning as prescribed in |
| 22 | | Sections 1-119 and 1-119.1 of the Mental Health and |
| 23 | | Developmental Disabilities Code. |
| 24 | | "Mental health facility" means any licensed private |
| 25 | | hospital or hospital affiliate, institution, or facility, or |
| 26 | | part thereof, and any facility, or part thereof, operated by |
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| 1 | | the State or a political subdivision thereof which provide |
| 2 | | treatment of persons with mental illness and includes all |
| 3 | | hospitals, institutions, clinics, evaluation facilities, |
| 4 | | mental health centers, colleges, universities, long-term care |
| 5 | | facilities, and nursing homes, or parts thereof, which provide |
| 6 | | treatment of persons with mental illness whether or not the |
| 7 | | primary purpose is to provide treatment of persons with mental |
| 8 | | illness. |
| 9 | | "Patient" means: |
| 10 | | (1) a person who voluntarily receives mental health |
| 11 | | treatment as an in-patient or resident of any public or |
| 12 | | private mental health facility, unless the treatment was |
| 13 | | solely for an alcohol abuse disorder and no other secondary |
| 14 | | substance abuse disorder or mental illness; or |
| 15 | | (2) a person who voluntarily receives mental health |
| 16 | | treatment as an out-patient or is provided services by a |
| 17 | | public or private mental health facility, and who poses a |
| 18 | | clear and present danger to himself, herself, or to others. |
| 19 | | "Physician" has the meaning as defined in Section 1-120 of |
| 20 | | the Mental Health and Developmental Disabilities Code. |
| 21 | | "Qualified examiner" has the meaning provided in Section |
| 22 | | 1-122 of the Mental Health and Developmental Disabilities Code. |
| 23 | | "Regulation" means an ordinance, resolution, or rule that |
| 24 | | has the effect of controlling, limiting, restricting, or |
| 25 | | placing of an additional fee on a firearm, ammunition, or |
| 26 | | component of a firearm or ammunition. |
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| 1 | | "Sanctioned competitive shooting event" means a shooting |
| 2 | | contest officially recognized by a national or state shooting |
| 3 | | sport association, and includes any sight-in or practice |
| 4 | | conducted in conjunction with the event.
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| 5 | | "School administrator" means the person required to report |
| 6 | | under the School Administrator Reporting of Mental Health Clear |
| 7 | | and Present Danger Determinations Law. |
| 8 | | "Stun gun or taser" has the meaning ascribed to it in |
| 9 | | Section 24-1 of the Criminal Code of 2012. |
| 10 | | (Source: P.A. 97-776, eff. 7-13-12; 97-1150, eff. 1-25-13; |
| 11 | | 97-1167, eff. 6-1-13; 98-63, eff. 7-9-13.)
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| 12 | | Section 10. The Firearm Concealed Carry Act is amended by |
| 13 | | changing Section 5 as follows:
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| 14 | | (430 ILCS 66/5)
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| 15 | | Sec. 5. Definitions. As used in this Act: |
| 16 | | "Applicant" means a person who is applying for a license to |
| 17 | | carry a concealed firearm under this Act. |
| 18 | | "Board" means the Concealed Carry Licensing Review Board. |
| 19 | | "Concealed firearm" means a loaded or unloaded handgun |
| 20 | | carried on or about a person completely or mostly concealed |
| 21 | | from view of the public or on or about a person within a |
| 22 | | vehicle. |
| 23 | | "Department" means the Department of State Police. |
| 24 | | "Director" means the Director of State Police. |
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| 1 | | "Handgun" means any device which is designed to expel a |
| 2 | | projectile or projectiles by the action of an explosion, |
| 3 | | expansion of gas, or escape of gas that is designed to be held |
| 4 | | and fired by the use of a single hand. "Handgun" does not |
| 5 | | include: |
| 6 | | (1) a stun gun or taser; |
| 7 | | (2) a machine gun as defined in item (i) of paragraph |
| 8 | | (7) of subsection (a) of Section 24-1 of the Criminal Code |
| 9 | | of 2012; |
| 10 | | (3) a short-barreled rifle or shotgun as defined in |
| 11 | | item (ii) of paragraph (7) of subsection (a) of Section |
| 12 | | 24-1 of the Criminal Code of 2012; or |
| 13 | | (4) any pneumatic gun, spring gun, paint ball gun, or |
| 14 | | B-B gun which
expels a single globular projectile not |
| 15 | | exceeding .18 inch in
diameter, or which has a maximum |
| 16 | | muzzle velocity of less than 700 feet
per second, or which |
| 17 | | expels breakable paint balls containing washable marking |
| 18 | | colors. |
| 19 | | "Law enforcement agency" means any federal, State, or local |
| 20 | | law enforcement agency, including offices of State's Attorneys |
| 21 | | and the Office of the Attorney General. |
| 22 | | "License" means a license issued by the Department of State |
| 23 | | Police to carry a concealed handgun. |
| 24 | | "Licensee" means a person issued a license to carry a |
| 25 | | concealed handgun. |
| 26 | | "Municipality" has the meaning ascribed to it in Section 1 |
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| | SB2970 | - 10 - | LRB098 19255 RLC 54407 b |
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| 1 | | of Article VII of the Illinois Constitution. |
| 2 | | "Regulation" means an ordinance, resolution, or rule that |
| 3 | | has the effect of controlling, limiting, restricting, or |
| 4 | | placing of an additional fee on a firearm, ammunition, or |
| 5 | | component of a firearm or ammunition. |
| 6 | | "Unit of local government" has the meaning ascribed to it |
| 7 | | in Section 1 of Article VII of the Illinois Constitution.
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| 8 | | (Source: P.A. 98-63, eff. 7-9-13.)
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| 9 | | Section 99. Effective date. This Act takes effect upon |
| 10 | | becoming law.
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