Rep. Barbara Wheeler
Filed: 3/14/2018
 
 


 




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1
AMENDMENT TO HOUSE BILL 4855 




2 AMENDMENT NO. ______. Amend House Bill 4855 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Firearm Owners Identification Card Act is 
5amended by changing Sections 1.1, 5, 7, and 13.2 and by adding 
6Section 8.3 as follows:



7 (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)


8 Sec. 1.1. For purposes of this Act: 

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

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


13 "Firearm" means any device, by
whatever name known, which 
14is designed to expel a projectile or projectiles
by the action 
15of an explosion, expansion of gas or escape of gas; excluding,

16however:

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

21  (1.1) any pneumatic gun, spring gun, paint ball gun, or 
22 B-B gun which expels breakable paint balls containing 
23 washable marking colors; 
24  (2) any device used exclusively for signalling or 
25 safety and required or
recommended by the United States 
26 Coast Guard or the Interstate Commerce
Commission;

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

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

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

10 "Firearm ammunition" means any self-contained cartridge or 
11shotgun
shell, by whatever name known, which is designed to be 
12used or adaptable to
use in a firearm; excluding, however:

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

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

2 "Gun show" includes the entire premises provided for an 
3event or function, including parking areas for the event or 
4function, that is sponsored to facilitate the purchase, sale, 
5transfer, or exchange of firearms as described in this Section.

6Nothing in this definition shall be construed to exclude a gun 
7show held in conjunction with competitive shooting events at 
8the World Shooting Complex sanctioned by a national governing 
9body in which the sale or transfer of firearms is authorized 
10under subparagraph (5) of paragraph (g) of subsection (A) of 
11Section 24-3 of the Criminal Code of 2012. 
12 Unless otherwise expressly stated, "gun show" does not 
13include training or safety classes, competitive shooting 
14events, such as rifle, shotgun, or handgun matches, trap, 
15skeet, or sporting clays shoots, dinners, banquets, raffles, or

16any other event where the sale or transfer of firearms is not 
17the primary course of business.
18 "Gun show promoter" means a person who organizes or 
19operates a gun show.
20 "Gun show vendor" means a person who exhibits, sells, 
21offers for sale, transfers, or exchanges any firearms at a gun 
22show, regardless of whether the person arranges with a gun show 
23promoter for a fixed location from which to exhibit, sell, 
24offer for sale, transfer, or exchange any firearm.
25 "Involuntarily admitted" has the meaning as prescribed in 
26Sections 1-119 and 1-119.1 of the Mental Health and 
 
 
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1Developmental Disabilities Code. 
2 "Mental health facility" means any licensed private 
3hospital or hospital affiliate, institution, or facility, or 
4part thereof, and any facility, or part thereof, operated by 
5the State or a political subdivision thereof which provide 
6treatment of persons with mental illness and includes all 
7hospitals, institutions, clinics, evaluation facilities, 
8mental health centers, colleges, universities, long-term care 
9facilities, and nursing homes, or parts thereof, which provide 
10treatment of persons with mental illness whether or not the 
11primary purpose is to provide treatment of persons with mental 
12illness. 
13 "National governing body" means a group of persons who 
14adopt rules and formulate policy on behalf of a national 
15firearm sporting organization. 
16 "Patient" means: 
17  (1) a person who is admitted as an inpatient or 
18 resident of a public or private mental health facility for 
19 mental health treatment under Chapter III of the Mental 
20 Health and Developmental Disabilities Code as an informal 
21 admission, a voluntary admission, a minor admission, an 
22 emergency admission, or an involuntary admission, 
23 voluntarily receives mental health treatment as an 
24 in-patient or resident of any public or private mental 
25 health facility, unless the treatment was solely for an 
26 alcohol abuse disorder and no other secondary substance 
 
 
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1 abuse disorder or mental illness; or 
2  (2) a person who voluntarily or involuntarily receives 
3 mental health treatment as an out-patient or is otherwise 
4 provided services by a public or private mental health 
5 facility, and who poses a clear and present danger to 
6 himself, herself, or to others. 
7 "Person with a developmental disability" means a person 
8with a disability which is attributable to any other condition 
9which results in impairment similar to that caused by an 
10intellectual disability and which requires services similar to 
11those required by persons with intellectual disabilities. The 
12disability must originate before the age of 18
years, be 
13expected to continue indefinitely, and constitute a 
14substantial disability. This disability results, in the 
15professional opinion of a physician, clinical psychologist, or 
16qualified examiner, in significant functional limitations in 3 
17or more of the following areas of major life activity:
18  (i) self-care;
19  (ii) receptive and expressive language;
20  (iii) learning;
21  (iv) mobility; or
22  (v) self-direction. 
23 "Person with an intellectual disability" means a person 
24with a significantly subaverage general intellectual 
25functioning which exists concurrently with impairment in 
26adaptive behavior and which originates before the age of 18 
 
 
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1years. 
2 "Physician" has the meaning as defined in Section 1-120 of 
3the Mental Health and Developmental Disabilities Code.
4 "Qualified examiner" has the meaning provided in Section 
51-122 of the Mental Health and Developmental Disabilities Code.
6 "Sanctioned competitive shooting event" means a shooting 
7contest officially recognized by a national or state shooting 
8sport association, and includes any sight-in or practice 
9conducted in conjunction with the event.


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



17 (430 ILCS 65/5) (from Ch. 38, par. 83-5)


18 Sec. 5. Application and renewal. 
19 (a) The Department of State Police shall either approve or

20deny all applications within 30 days from the date they are 
21received,
except as provided in subsection (b) of this Section, 
22and every applicant found qualified under Section 8 of this Act 
23by
the Department shall be entitled to a Firearm Owner's 
24Identification
Card upon the payment of a $10 fee. Any 
25applicant who is an active duty member of the Armed Forces of 
 
 
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1the United States, a member of the Illinois National Guard, or 
2a member of the Reserve Forces of the United States is exempt 
3from the application fee. $6 of each fee derived from the

4issuance of Firearm Owner's Identification Cards, or renewals 
5thereof,
shall be deposited in the Wildlife and Fish Fund in 
6the State Treasury;
$1 of the fee shall be deposited in the 
7State Police Services Fund and $3 of the fee shall be deposited 
8in the
State Police Firearm Services Fund.
9 (b) Renewal applications shall be approved or denied within 
1060 business days, provided the applicant submitted his or her 
11renewal application prior to the expiration of his or her 
12Firearm Owner's Identification Card. If a renewal application 
13has been submitted prior to the expiration date of the 
14applicant's Firearm Owner's Identification Card, the Firearm 
15Owner's Identification Card shall remain valid while the 
16Department processes the application, unless the person is 
17subject to or becomes subject to revocation under this Act. The 
18cost for a renewal application shall be $10 which shall be 
19deposited into the State Police Firearm Services Fund. 

20(Source: P.A. 98-63, eff. 7-9-13.)




21 (430 ILCS 65/7) (from Ch. 38, par. 83-7)



22 Sec. 7. Validity of Firearm Owner's Identification Card. 
23 (a) Except as provided in Section 8 of this Act or 
24subsection (b) of this Section, a Firearm Owner's

25Identification Card issued under the provisions of this Act 
 
 
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1shall be valid
for the person to whom it is issued for a period 
2of 10 years from the date
of issuance.
3 (b) If a renewal application is submitted to the Department 
4before the expiration date of the applicant's current Firearm 
5Owner's Identification Card, the Firearm Owner's 
6Identification Card shall remain valid for a period of 60 
7business days, unless the person is subject to or becomes 
8subject to revocation under this Act. 

9(Source: P.A. 95-581, eff. 6-1-08.)


10 (430 ILCS 65/8.3 new)
11 Sec. 8.3. Suspension of Firearm Owner's Identification 
12Card. The Department of State Police may, by rule in a manner 
13consistent with the Department's rules concerning revocation, 
14provide for the suspension of the Firearm Owner's 
15Identification Card of a person whose Firearm Owner's 
16Identification Card is subject to revocation and seizure under 
17this Act for the duration of the disqualification if the 
18disqualification is not a permanent grounds for revocation of a 
19Firearm Owner's Identification Card under this Act.




20 (430 ILCS 65/13.2) (from Ch. 38, par. 83-13.2)



21 Sec. 13.2. Renewal; name or address change; replacement 
22card. The Department of State Police shall, 60 days
prior to 
23the expiration of a Firearm Owner's Identification Card,

24forward by first class mail to each person whose card is to 
 
 
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1expire a
notification of the
expiration of the card and 
2instructions for renewal an application which may be used to

3apply for renewal of the card.
It is the obligation of the 
4holder of a Firearm Owner's Identification Card
to notify the 
5Department of State Police of any address change since the

6issuance of
the Firearm Owner's Identification Card. Whenever 
7any person moves from the residence address named on his or her 
8card, the person shall within 21 calendar days thereafter 
9notify in a form and manner prescribed by the Department of his 
10or her old and new residence addresses and the card number held 
11by him or her. Any person whose legal name has changed from the 
12name on the card that he or she has been previously issued must 
13apply for a corrected card within 30 calendar days after the 
14change. The cost for a corrected card shall be $5. The cost for 
15replacement of a card which has been lost, destroyed, or stolen 
16shall be $5 if the loss, destruction, or theft of the card is 
17reported to the Department of State Police. The fees collected 
18under this Section which shall be deposited into the State 
19Police Firearm Services Fund. 

20(Source: P.A. 97-1131, eff. 1-1-13; 98-63, eff. 7-9-13.)".