Sen. Mike Simmons
Filed: 2/7/2022
 
 


 




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1
AMENDMENT TO SENATE BILL 3865




2 AMENDMENT NO. ______. Amend Senate Bill 3865 on page 568, 
3by replacing lines 1 and 2 with the following:


4 "Section 150. The Firearm Owners Identification Card Act 
5is amended by changing Sections 1.1, 4, and 8 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 Illinois 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, 
21 or B-B gun which expels breakable paint balls containing 
22 washable marking colors; 
23  (2) any device used exclusively for signaling 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 Illinois State 
5 Police finds by reason of
the date of its manufacture, 
6 value, design, and other characteristics is
primarily a 
7 collector's item and is not likely to be used as a weapon.

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

11  (1) any ammunition exclusively designed for use with a 
12 device used
exclusively for signaling signalling or safety 
13 and required or recommended by the
United States Coast 
14 Guard or the Interstate Commerce Commission; and

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

26 "Gun show" includes the entire premises provided for an 
 
 
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1event or function, including parking areas for the event or 
2function, that is sponsored to facilitate the purchase, sale, 
3transfer, or exchange of firearms as described in this 
4Section.
Nothing in this definition shall be construed to 
5exclude a gun show held in conjunction with competitive 
6shooting events at the World Shooting Complex sanctioned by a 
7national governing body in which the sale or transfer of 
8firearms is authorized under subparagraph (5) of paragraph (g) 
9of subsection (A) of Section 24-3 of the Criminal Code of 2012. 
10 Unless otherwise expressly stated, "gun show" does not 
11include training or safety classes, competitive shooting 
12events, such as rifle, shotgun, or handgun matches, trap, 
13skeet, or sporting clays shoots, dinners, banquets, raffles, 
14or
any other event where the sale or transfer of firearms is 
15not the primary course of business.
16 "Gun show promoter" means a person who organizes or 
17operates a gun show.
18 "Gun show vendor" means a person who exhibits, sells, 
19offers for sale, transfers, or exchanges any firearms at a gun 
20show, regardless of whether the person arranges with a gun 
21show promoter for a fixed location from which to exhibit, 
22sell, offer for sale, transfer, or exchange any firearm.
23 "Involuntarily admitted" has the meaning as prescribed in 
24Sections 1-119 and 1-119.1 of the Mental Health and 
25Developmental Disabilities Code. 
26 "Mental health facility" means any licensed private 
 
 
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1hospital or hospital affiliate, institution, or facility, or 
2part thereof, and any facility, or part thereof, operated by 
3the State or a political subdivision thereof which provides 
4provide treatment of persons with mental illness and includes 
5all hospitals, institutions, clinics, evaluation facilities, 
6mental health centers, colleges, universities, long-term care 
7facilities, and nursing homes, or parts thereof, which provide 
8treatment of persons with mental illness whether or not the 
9primary purpose is to provide treatment of persons with mental 
10illness. 
11 "National governing body" means a group of persons who 
12adopt rules and formulate policy on behalf of a national 
13firearm sporting organization. 
14 "Noncitizen" means a person who is not a citizen of the 
15United States, but is a person who is a foreign-born person who 
16lives in the United States, has not been naturalized, and is 
17still a citizen of a foreign country. 
18 "Patient" means: 
19  (1) a person who is admitted as an inpatient or 
20 resident of a public or private mental health facility for 
21 mental health treatment under Chapter III of the Mental 
22 Health and Developmental Disabilities Code as an informal 
23 admission, a voluntary admission, a minor admission, an 
24 emergency admission, or an involuntary admission, unless 
25 the treatment was solely for an alcohol abuse disorder; or 
26  (2) a person who voluntarily or involuntarily receives 
 
 
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1 mental health treatment as an out-patient or is otherwise 
2 provided services by a public or private mental health 
3 facility, and who poses a clear and present danger to 
4 himself, herself, or to others. 
5 "Person with a developmental disability" means a person 
6with a disability which is attributable to any other condition 
7which results in impairment similar to that caused by an 
8intellectual disability and which requires services similar to 
9those required by persons with intellectual disabilities. The 
10disability must originate before the age of 18
years, be 
11expected to continue indefinitely, and constitute a 
12substantial disability. This disability results, in the 
13professional opinion of a physician, clinical psychologist, or 
14qualified examiner, in significant functional limitations in 3 
15or more of the following areas of major life activity:
16  (i) self-care;
17  (ii) receptive and expressive language;
18  (iii) learning;
19  (iv) mobility; or
20  (v) self-direction. 
21 "Person with an intellectual disability" means a person 
22with a significantly subaverage general intellectual 
23functioning which exists concurrently with impairment in 
24adaptive behavior and which originates before the age of 18 
25years. 
26 "Physician" has the meaning as defined in Section 1-120 of 
 
 
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1the Mental Health and Developmental Disabilities Code.
2 "Protective order" means any orders of protection issued 
3under the Illinois Domestic Violence Act of 1986, stalking no 
4contact orders issued under the Stalking No Contact Order Act, 
5civil no contact orders issued under the Civil No Contact 
6Order Act, and firearms restraining orders issued under the 
7Firearms Restraining Order Act.
8 "Qualified examiner" has the meaning provided in Section 
91-122 of the Mental Health and Developmental Disabilities 
10Code.
11 "Sanctioned competitive shooting event" means a shooting 
12contest officially recognized by a national or state shooting 
13sport association, and includes any sight-in or practice 
14conducted in conjunction with the event.


15 "School administrator" means the person required to report 
16under the School Administrator Reporting of Mental Health 
17Clear and Present Danger Determinations Law.
18 "Stun gun or taser" has the meaning ascribed to it in 
19Section 24-1 of the Criminal Code of 2012.
20(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
21revised 10-6-21.)".