100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4218
 
Introduced , by Rep. Barbara Wheeler
 
SYNOPSIS AS INTRODUCED:






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

 Amends the Firearm Owners Identification Card Act. Defines "patient" for purposes of the Act as a person who: is admitted as an in-patient or resident of a public or private mental health facility for mental health treatment under the Mental Health and Developmental Disabilities Code as an informal admission, a voluntary admission, a minor admission, an emergency admission, or an involuntary admission; or is otherwise provided mental health treatment as an in-patient or resident by a 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 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.



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A BILL FOR
 


HB4218LRB100 16482 SLF 31613 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; excluding,

8however:

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

13  (1.1) any pneumatic gun, spring gun, paint ball gun, or 
14 B-B gun which expels breakable paint balls containing 
15 washable marking colors; 
16  (2) any device used exclusively for signalling or 
17 safety and required or
recommended by the United States 
18 Coast Guard or the Interstate Commerce
Commission;

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

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

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

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

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

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

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

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

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


7 "School administrator" means the person required to report 
8under the School Administrator Reporting of Mental Health Clear 
9and Present Danger Determinations Law.
10 "Stun gun or taser" has the meaning ascribed to it in 
11Section 24-1 of the Criminal Code of 2012.
12(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143, 
13eff. 7-27-15; 99-642, eff. 7-28-16.)