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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 Sections 1.1, 5, 7, and 13.2 and by adding | ||||||||||||||||||||||||
6 | Section 8.3 as follows:
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7 | (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
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8 | Sec. 1.1. For purposes of this Act:
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9 | "Addicted to narcotics" means a person who has been: | ||||||||||||||||||||||||
10 | (1) convicted of an offense involving the use or | ||||||||||||||||||||||||
11 | possession of cannabis, a controlled substance, or | ||||||||||||||||||||||||
12 | methamphetamine within the past year; or | ||||||||||||||||||||||||
13 | (2) determined by the Department of State Police to be | ||||||||||||||||||||||||
14 | addicted to narcotics based upon federal law or federal | ||||||||||||||||||||||||
15 | guidelines. | ||||||||||||||||||||||||
16 | "Addicted to narcotics" does not include possession or use | ||||||||||||||||||||||||
17 | of a prescribed controlled substance under the direction and | ||||||||||||||||||||||||
18 | authority of a physician or other person authorized to | ||||||||||||||||||||||||
19 | prescribe the controlled substance when the controlled | ||||||||||||||||||||||||
20 | substance is used in the prescribed manner. | ||||||||||||||||||||||||
21 | "Adjudicated as a person with a mental disability" means | ||||||||||||||||||||||||
22 | the person is the subject of a determination by a court, board, | ||||||||||||||||||||||||
23 | commission or other lawful authority that the person, as a |
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1 | result of marked subnormal intelligence, or mental illness, | ||||||
2 | mental impairment, incompetency, condition, or disease: | ||||||
3 | (1) presents a clear and present danger to himself, | ||||||
4 | herself, or to others; | ||||||
5 | (2) lacks the mental capacity to manage his or her own | ||||||
6 | affairs or is adjudicated a person with a disability as | ||||||
7 | defined in Section 11a-2 of the Probate Act of 1975; | ||||||
8 | (3) is not guilty in a criminal case by reason of | ||||||
9 | insanity, mental disease or defect; | ||||||
10 | (3.5) is guilty but mentally ill, as provided in | ||||||
11 | Section 5-2-6 of the Unified Code of Corrections; | ||||||
12 | (4) is incompetent to stand trial in a criminal case; | ||||||
13 | (5) is not guilty by reason of lack of mental | ||||||
14 | responsibility under Articles 50a and 72b of the Uniform | ||||||
15 | Code of Military Justice, 10 U.S.C. 850a, 876b;
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16 | (6) is a sexually violent person under subsection (f) | ||||||
17 | of Section 5 of the Sexually Violent Persons Commitment | ||||||
18 | Act; | ||||||
19 | (7) is a sexually dangerous person under the Sexually | ||||||
20 | Dangerous Persons Act; | ||||||
21 | (8) is unfit to stand trial under the Juvenile Court | ||||||
22 | Act of 1987; | ||||||
23 | (9) is not guilty by reason of insanity under the | ||||||
24 | Juvenile Court Act of 1987; | ||||||
25 | (10) is subject to involuntary admission as an | ||||||
26 | inpatient as defined in Section 1-119 of the Mental Health |
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1 | and Developmental Disabilities Code; | ||||||
2 | (11) is subject to involuntary admission as an | ||||||
3 | outpatient as defined in Section 1-119.1 of the Mental | ||||||
4 | Health and Developmental Disabilities Code; | ||||||
5 | (12) is subject to judicial admission as set forth in | ||||||
6 | Section 4-500 of the Mental Health and Developmental | ||||||
7 | Disabilities Code; or | ||||||
8 | (13) is subject to the provisions of the Interstate | ||||||
9 | Agreements on Sexually Dangerous Persons Act. | ||||||
10 | "Clear and present danger" means a person who: | ||||||
11 | (1) communicates a serious threat of physical violence | ||||||
12 | against a reasonably identifiable victim or poses a clear | ||||||
13 | and imminent risk of serious physical injury to himself, | ||||||
14 | herself, or another person as determined by a physician, | ||||||
15 | clinical psychologist, or qualified examiner; or | ||||||
16 | (2) demonstrates threatening physical or verbal | ||||||
17 | behavior, such as violent, suicidal, or assaultive | ||||||
18 | threats, actions, or other behavior, as determined by a | ||||||
19 | physician, clinical psychologist, qualified examiner, | ||||||
20 | school administrator, or law enforcement official. | ||||||
21 | "Clinical psychologist" has the meaning provided in | ||||||
22 | Section 1-103 of the Mental Health and Developmental | ||||||
23 | Disabilities Code. | ||||||
24 | "Controlled substance" means a controlled substance or | ||||||
25 | controlled substance analog as defined in the Illinois | ||||||
26 | Controlled Substances Act. |
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1 | "Counterfeit" means to copy or imitate, without legal | ||||||
2 | authority, with
intent
to deceive. | ||||||
3 | "Federally licensed firearm dealer" means a person who is | ||||||
4 | licensed as a federal firearms dealer under Section 923 of the | ||||||
5 | federal Gun Control Act of 1968 (18 U.S.C. 923).
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6 | "Firearm" means any device, by
whatever name known, which | ||||||
7 | is designed to expel a projectile or projectiles
by the action | ||||||
8 | of an explosion, expansion of gas or escape of gas; excluding,
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9 | however:
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10 | (1) any pneumatic gun, spring gun, paint ball gun, or | ||||||
11 | B-B gun which
expels a single globular projectile not | ||||||
12 | exceeding .18 inch in
diameter or which has a maximum | ||||||
13 | muzzle velocity of less than 700 feet
per second;
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14 | (1.1) any pneumatic gun, spring gun, paint ball gun, or | ||||||
15 | B-B gun which expels breakable paint balls containing | ||||||
16 | washable marking colors; | ||||||
17 | (2) any device used exclusively for signalling or | ||||||
18 | safety and required or
recommended by the United States | ||||||
19 | Coast Guard or the Interstate Commerce
Commission;
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20 | (3) any device used exclusively for the firing of stud | ||||||
21 | cartridges,
explosive rivets or similar industrial | ||||||
22 | ammunition; and
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23 | (4) an antique firearm (other than a machine-gun) | ||||||
24 | which, although
designed as a weapon, the Department of | ||||||
25 | State Police finds by reason of
the date of its | ||||||
26 | manufacture, value, design, and other characteristics is
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1 | primarily a collector's item and is not likely to be used | ||||||
2 | as a weapon.
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3 | "Firearm ammunition" means any self-contained cartridge or | ||||||
4 | shotgun
shell, by whatever name known, which is designed to be | ||||||
5 | used or adaptable to
use in a firearm; excluding, however:
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6 | (1) any ammunition exclusively designed for use with a | ||||||
7 | device used
exclusively for signalling or safety and | ||||||
8 | required or recommended by the
United States Coast Guard or | ||||||
9 | the Interstate Commerce Commission; and
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10 | (2) any ammunition designed exclusively for use with a | ||||||
11 | stud or rivet
driver or other similar industrial | ||||||
12 | ammunition. | ||||||
13 | "Gun show" means an event or function: | ||||||
14 | (1) at which the sale and transfer of firearms is the | ||||||
15 | regular and normal course of business and where 50 or more | ||||||
16 | firearms are displayed, offered, or exhibited for sale, | ||||||
17 | transfer, or exchange; or | ||||||
18 | (2) at which not less than 10 gun show vendors display, | ||||||
19 | offer, or exhibit for sale, sell, transfer, or exchange | ||||||
20 | firearms.
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21 | "Gun show" includes the entire premises provided for an | ||||||
22 | event or function, including parking areas for the event or | ||||||
23 | function, that is sponsored to facilitate the purchase, sale, | ||||||
24 | transfer, or exchange of firearms as described in this Section.
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25 | Nothing in this definition shall be construed to exclude a gun | ||||||
26 | show held in conjunction with competitive shooting events at |
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1 | the World Shooting Complex sanctioned by a national governing | ||||||
2 | body in which the sale or transfer of firearms is authorized | ||||||
3 | under subparagraph (5) of paragraph (g) of subsection (A) of | ||||||
4 | Section 24-3 of the Criminal Code of 2012. | ||||||
5 | Unless otherwise expressly stated, "gun show" does not | ||||||
6 | include training or safety classes, competitive shooting | ||||||
7 | events, such as rifle, shotgun, or handgun matches, trap, | ||||||
8 | skeet, or sporting clays shoots, dinners, banquets, raffles, or
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9 | any other event where the sale or transfer of firearms is not | ||||||
10 | the primary course of business. | ||||||
11 | "Gun show promoter" means a person who organizes or | ||||||
12 | operates a gun show. | ||||||
13 | "Gun show vendor" means a person who exhibits, sells, | ||||||
14 | offers for sale, transfers, or exchanges any firearms at a gun | ||||||
15 | show, regardless of whether the person arranges with a gun show | ||||||
16 | promoter for a fixed location from which to exhibit, sell, | ||||||
17 | offer for sale, transfer, or exchange any firearm. | ||||||
18 | "Involuntarily admitted" has the meaning as prescribed in | ||||||
19 | Sections 1-119 and 1-119.1 of the Mental Health and | ||||||
20 | Developmental Disabilities Code. | ||||||
21 | "Mental health facility" means any licensed private | ||||||
22 | hospital or hospital affiliate, institution, or facility, or | ||||||
23 | part thereof, and any facility, or part thereof, operated by | ||||||
24 | the State or a political subdivision thereof which provide | ||||||
25 | treatment of persons with mental illness and includes all | ||||||
26 | hospitals, institutions, clinics, evaluation facilities, |
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1 | mental health centers, colleges, universities, long-term care | ||||||
2 | facilities, and nursing homes, or parts thereof, which provide | ||||||
3 | treatment of persons with mental illness whether or not the | ||||||
4 | primary purpose is to provide treatment of persons with mental | ||||||
5 | illness. | ||||||
6 | "National governing body" means a group of persons who | ||||||
7 | adopt rules and formulate policy on behalf of a national | ||||||
8 | firearm sporting organization. | ||||||
9 | "Patient" means: | ||||||
10 | (1) a person who : | ||||||
11 | (a) is admitted as an in-patient or resident of a | ||||||
12 | public or private mental health facility for mental | ||||||
13 | health treatment under Chapter III of the Mental Health | ||||||
14 | and Developmental Disabilities Code as an informal | ||||||
15 | admission under Article III, a voluntary admission | ||||||
16 | under Article IV, a minor admission under Article V, an | ||||||
17 | emergency admission under Article VI, or an | ||||||
18 | involuntary admission under Article VII; or | ||||||
19 | (b) is otherwise provided mental health treatment | ||||||
20 | as an in-patient or resident by a voluntarily receives | ||||||
21 | mental health treatment as an in-patient or resident of | ||||||
22 | any public or private mental health facility, unless | ||||||
23 | the treatment was solely for an alcohol abuse disorder | ||||||
24 | and no other secondary substance abuse disorder or | ||||||
25 | mental illness; 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 | ||||||
6 | with a disability which is attributable to any other condition | ||||||
7 | which results in impairment similar to that caused by an | ||||||
8 | intellectual disability and which requires services similar to | ||||||
9 | those required by persons with intellectual disabilities. The | ||||||
10 | disability must originate before the age of 18
years, be | ||||||
11 | expected to continue indefinitely, and constitute a | ||||||
12 | substantial disability. This disability results, in the | ||||||
13 | professional opinion of a physician, clinical psychologist, or | ||||||
14 | qualified examiner, in significant functional limitations in 3 | ||||||
15 | or 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 | ||||||
22 | with a significantly subaverage general intellectual | ||||||
23 | functioning which exists concurrently with impairment in | ||||||
24 | adaptive behavior and which originates before the age of 18 | ||||||
25 | years. | ||||||
26 | "Physician" has the meaning as defined in Section 1-120 of |
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1 | the Mental Health and Developmental Disabilities Code. | ||||||
2 | "Qualified examiner" has the meaning provided in Section | ||||||
3 | 1-122 of the Mental Health and Developmental Disabilities Code. | ||||||
4 | "Sanctioned competitive shooting event" means a shooting | ||||||
5 | contest officially recognized by a national or state shooting | ||||||
6 | sport association, and includes any sight-in or practice | ||||||
7 | conducted in conjunction with the event.
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8 | "School administrator" means the person required to report | ||||||
9 | under the School Administrator Reporting of Mental Health Clear | ||||||
10 | and Present Danger Determinations Law. | ||||||
11 | "Stun gun or taser" has the meaning ascribed to it in | ||||||
12 | Section 24-1 of the Criminal Code of 2012. | ||||||
13 | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143, | ||||||
14 | eff. 7-27-15; 99-642, eff. 7-28-16.)
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15 | (430 ILCS 65/5) (from Ch. 38, par. 83-5)
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16 | Sec. 5. Application and renewal. | ||||||
17 | (a) The Department of State Police shall either approve or
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18 | deny all applications within 30 days from the date they are | ||||||
19 | received,
except as provided in subsection (b) of this Section, | ||||||
20 | and every applicant found qualified under Section 8 of this Act | ||||||
21 | by
the Department shall be entitled to a Firearm Owner's | ||||||
22 | Identification
Card upon the payment of a $10 fee. Any | ||||||
23 | applicant who is an active duty member of the Armed Forces of | ||||||
24 | the United States, a member of the Illinois National Guard, or | ||||||
25 | a member of the Reserve Forces of the United States is exempt |
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1 | from the application fee. $6 of each fee derived from the
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2 | issuance of Firearm Owner's Identification Cards, or renewals | ||||||
3 | thereof,
shall be deposited in the Wildlife and Fish Fund in | ||||||
4 | the State Treasury;
$1 of the fee shall be deposited in the | ||||||
5 | State Police Services Fund and $3 of the fee shall be deposited | ||||||
6 | in the
State Police Firearm Services Fund. | ||||||
7 | (b) Renewal applications shall be approved or denied within | ||||||
8 | 60 business days, provided the applicant submitted his or her | ||||||
9 | renewal application prior to the expiration of his or her | ||||||
10 | Firearm Owner's Identification Card. If a renewal application | ||||||
11 | has been submitted prior to the expiration date of the | ||||||
12 | applicant's Firearm Owner's Identification Card, the Firearm | ||||||
13 | Owner's Identification Card shall remain valid while the | ||||||
14 | Department processes the application, unless the person is | ||||||
15 | subject to or becomes subject to revocation under this Act. The | ||||||
16 | cost for a renewal application shall be $10 which shall be | ||||||
17 | deposited into the State Police Firearm Services Fund.
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18 | (Source: P.A. 98-63, eff. 7-9-13.)
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19 | (430 ILCS 65/7) (from Ch. 38, par. 83-7)
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20 | Sec. 7. Validity of Firearm Owner's Identification Card. | ||||||
21 | (a) Except as provided in Section 8 of this Act or | ||||||
22 | subsection (b) of this Section , a Firearm Owner's
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23 | Identification Card issued under the provisions of this Act | ||||||
24 | shall be valid
for the person to whom it is issued for a period | ||||||
25 | of 10 years from the date
of issuance. |
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1 | (b) If a renewal application is submitted to the Department | ||||||
2 | before the expiration date of the applicant's current Firearm | ||||||
3 | Owner's Identification Card, the Firearm Owner's | ||||||
4 | Identification Card shall remain valid for a period of 60 | ||||||
5 | business days, unless the person is subject to or becomes | ||||||
6 | subject to revocation under this Act.
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7 | (Source: P.A. 95-581, eff. 6-1-08 .)
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8 | (430 ILCS 65/8.3 new) | ||||||
9 | Sec. 8.3. Suspension of Firearm Owner's Identification | ||||||
10 | Card. The Department of State Police may, by rule in a manner | ||||||
11 | consistent with the Department's rules concerning revocation, | ||||||
12 | provide for the suspension of the Firearm Owner's | ||||||
13 | Identification Card of a person whose Firearm Owner's | ||||||
14 | Identification Card is subject to revocation and seizure under | ||||||
15 | this Act for the duration of the disqualification if the | ||||||
16 | disqualification is not a permanent grounds for revocation of a | ||||||
17 | Firearm Owner's Identification Card under this Act.
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18 | (430 ILCS 65/13.2) (from Ch. 38, par. 83-13.2)
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19 | Sec. 13.2. Renewal; name or address change; replacement | ||||||
20 | card. The Department of State Police shall, 60 days
prior to | ||||||
21 | the expiration of a Firearm Owner's Identification Card,
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22 | forward by first class mail to each person whose card is to | ||||||
23 | expire a
notification of the
expiration of the card and | ||||||
24 | instructions for renewal an application which may be used to
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1 | apply for renewal of the card .
It is the obligation of the | |||||||||||||||||||||||||
2 | holder of a Firearm Owner's Identification Card
to notify the | |||||||||||||||||||||||||
3 | Department of State Police of any address change since the
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4 | issuance of
the Firearm Owner's Identification Card. Whenever | |||||||||||||||||||||||||
5 | any person moves from the residence address named on his or her | |||||||||||||||||||||||||
6 | card, the person shall within 21 calendar days thereafter | |||||||||||||||||||||||||
7 | notify in a form and manner prescribed by the Department of his | |||||||||||||||||||||||||
8 | or her old and new residence addresses and the card number held | |||||||||||||||||||||||||
9 | by him or her. Any person whose legal name has changed from the | |||||||||||||||||||||||||
10 | name on the card that he or she has been previously issued must | |||||||||||||||||||||||||
11 | apply for a corrected card within 30 calendar days after the | |||||||||||||||||||||||||
12 | change. The cost for a corrected card shall be $5 . The cost for | |||||||||||||||||||||||||
13 | replacement of a card which has been lost, destroyed, or stolen | |||||||||||||||||||||||||
14 | shall be $5 if the loss, destruction, or theft of the card is | |||||||||||||||||||||||||
15 | reported to the Department of State Police. The fees collected | |||||||||||||||||||||||||
16 | under this Section which shall be deposited into the State | |||||||||||||||||||||||||
17 | Police Firearm Services Fund.
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18 | (Source: P.A. 97-1131, eff. 1-1-13; 98-63, eff. 7-9-13.)
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