Rep. Barbara Wheeler
Filed: 3/13/2018
 
 


 




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1
AMENDMENT TO HOUSE BILL 4218 




2 AMENDMENT NO. ______. Amend House Bill 4218 by replacing 
3everything after the enacting clause with the following:


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 
 
 
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1authority of a physician or other person authorized to 
2prescribe the controlled substance when the controlled 
3substance is used in the prescribed manner.
4 "Adjudicated as a person with a mental disability" means 
5the person is the subject of a determination by a court, board, 
6commission or other lawful authority that the person, as a 
7result of marked subnormal intelligence, or mental illness, 
8mental impairment, incompetency, condition, or disease:
9  (1) presents a clear and present danger to himself, 
10 herself, or to others;
11  (2) lacks the mental capacity to manage his or her own 
12 affairs or is adjudicated a person with a disability as 
13 defined in Section 11a-2 of the Probate Act of 1975;
14  (3) is not guilty in a criminal case by reason of 
15 insanity, mental disease or defect;
16  (3.5) is guilty but mentally ill, as provided in 
17 Section 5-2-6 of the Unified Code of Corrections; 
18  (4) is incompetent to stand trial in a criminal case; 
19  (5) is not guilty by reason of lack of mental 
20 responsibility under Articles 50a and 72b of the Uniform 
21 Code of Military Justice, 10 U.S.C. 850a, 876b;

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


12 "Firearm" means any device, by
whatever name known, which 
13is designed to expel a projectile or projectiles
by the action 
14of an explosion, expansion of gas or escape of gas; excluding,

15however:

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;

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; 
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;

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

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

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

9 "Firearm ammunition" means any self-contained cartridge or 
10shotgun
shell, by whatever name known, which is designed to be 
11used or adaptable to
use in a firearm; excluding, however:

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

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 
2event or function, including parking areas for the event or 
3function, that is sponsored to facilitate the purchase, sale, 
4transfer, or exchange of firearms as described in this Section.

5Nothing in this definition shall be construed to exclude a gun 
6show held in conjunction with competitive shooting events at 
7the World Shooting Complex sanctioned by a national governing 
8body in which the sale or transfer of firearms is authorized 
9under subparagraph (5) of paragraph (g) of subsection (A) of 
10Section 24-3 of the Criminal Code of 2012. 
11 Unless otherwise expressly stated, "gun show" does not 
12include training or safety classes, competitive shooting 
13events, such as rifle, shotgun, or handgun matches, trap, 
14skeet, or sporting clays shoots, dinners, banquets, raffles, or

15any other event where the sale or transfer of firearms is not 
16the primary course of business.
17 "Gun show promoter" means a person who organizes or 
18operates a gun show.
19 "Gun show vendor" means a person who exhibits, sells, 
20offers for sale, transfers, or exchanges any firearms at a gun 
21show, regardless of whether the person arranges with a gun show 
22promoter for a fixed location from which to exhibit, sell, 
23offer for sale, transfer, or exchange any firearm.
24 "Involuntarily admitted" has the meaning as prescribed in 
25Sections 1-119 and 1-119.1 of the Mental Health and 
26Developmental Disabilities Code. 
 
 
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1 "Mental health facility" means any licensed private 
2hospital or hospital affiliate, institution, or facility, or 
3part thereof, and any facility, or part thereof, operated by 
4the State or a political subdivision thereof which provide 
5treatment of persons with mental illness and includes all 
6hospitals, institutions, clinics, evaluation facilities, 
7mental health centers, colleges, universities, long-term care 
8facilities, and nursing homes, or parts thereof, which provide 
9treatment of persons with mental illness whether or not the 
10primary purpose is to provide treatment of persons with mental 
11illness. 
12 "National governing body" means a group of persons who 
13adopt rules and formulate policy on behalf of a national 
14firearm sporting organization. 
15 "Patient" means: 
16  (1) a person who is admitted as an inpatient or 
17 resident of a public or private mental health facility for 
18 mental health treatment under Chapter III of the Mental 
19 Health and Developmental Disabilities Code as an informal 
20 admission, a voluntary admission, a minor admission, an 
21 emergency admission, or an involuntary admission, 
22 voluntarily receives mental health treatment as an 
23 in-patient or resident of any public or private mental 
24 health facility, unless the treatment was solely for an 
25 alcohol abuse disorder and no other secondary substance 
26 abuse disorder or mental illness; or 
 
 
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1  (2) a person who voluntarily or involuntarily receives 
2 mental health treatment as an out-patient or is otherwise 
3 provided services by a public or private mental health 
4 facility, and who poses a clear and present danger to 
5 himself, herself, or to others. 
6 "Person with a developmental disability" means a person 
7with a disability which is attributable to any other condition 
8which results in impairment similar to that caused by an 
9intellectual disability and which requires services similar to 
10those required by persons with intellectual disabilities. The 
11disability must originate before the age of 18
years, be 
12expected to continue indefinitely, and constitute a 
13substantial disability. This disability results, in the 
14professional opinion of a physician, clinical psychologist, or 
15qualified examiner, in significant functional limitations in 3 
16or more of the following areas of major life activity:
17  (i) self-care;
18  (ii) receptive and expressive language;
19  (iii) learning;
20  (iv) mobility; or
21  (v) self-direction. 
22 "Person with an intellectual disability" means a person 
23with a significantly subaverage general intellectual 
24functioning which exists concurrently with impairment in 
25adaptive behavior and which originates before the age of 18 
26years. 
 
 
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1 "Physician" has the meaning as defined in Section 1-120 of 
2the Mental Health and Developmental Disabilities Code.
3 "Qualified examiner" has the meaning provided in Section 
41-122 of the Mental Health and Developmental Disabilities Code.
5 "Sanctioned competitive shooting event" means a shooting 
6contest officially recognized by a national or state shooting 
7sport association, and includes any sight-in or practice 
8conducted in conjunction with the event.


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