Rep. Jerry Lee Long
Filed: 3/13/2018
 
 


 




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1
AMENDMENT TO HOUSE BILL 4851




2 AMENDMENT NO. ______. Amend House Bill 4851 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.)



21 Section 10. The Firearm Concealed Carry Act is amended by 
22changing Section 65 as follows:

23 (430 ILCS 66/65)

24 Sec. 65. Prohibited areas. 
 
 
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1 (a) A licensee under this Act shall not knowingly carry a 
2firearm on or into:
3  (1) Any building, real property, and parking area under 
4 the control of a public or private elementary or secondary 
5 school.
6  (2) Any building, real property, and parking area under 
7 the control of a pre-school or child care facility, 
8 including any room or portion of a building under the 
9 control of a pre-school or child care facility. Nothing in 
10 this paragraph shall prevent the operator of a child care 
11 facility in a family home from owning or possessing a 
12 firearm in the home or license under this Act, if no child 
13 under child care at the home is present in the home or the 
14 firearm in the home is stored in a locked container when a 
15 child under child care at the home is present in the home.
16  (3) Any building, parking area, or portion of a 
17 building under the control of an officer of the executive 
18 or legislative branch of government, provided that nothing 
19 in this paragraph shall prohibit a licensee from carrying a 
20 concealed firearm onto the real property, bikeway, or trail 
21 in a park regulated by the Department of Natural Resources 
22 or any other designated public hunting area or building 
23 where firearm possession is permitted as established by the 
24 Department of Natural Resources under Section 1.8 of the 
25 Wildlife Code.
26  (4) Any building designated for matters before a 
 
 
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1 circuit court, appellate court, or the Supreme Court, or 
2 any building or portion of a building under the control of 
3 the Supreme Court.
4  (5) Any building or portion of a building under the 
5 control of a unit of local government.
6  (6) Any building, real property, and parking area under 
7 the control of an adult or juvenile detention or 
8 correctional institution, prison, or jail.
9  (7) Any building, real property, and parking area under 
10 the control of a public or private hospital or hospital 
11 affiliate, mental health facility, or nursing home.
12  (8) Any bus, train, or form of transportation paid for 
13 in whole or in part with public funds, and any building, 
14 real property, and parking area under the control of a 
15 public transportation facility paid for in whole or in part 
16 with public funds.
17  (9) Any building, real property, and parking area under 
18 the control of an establishment that serves alcohol on its 
19 premises, if more than 50% of the establishment's gross 
20 receipts within the prior 3 months is from the sale of 
21 alcohol. The owner of an establishment who knowingly fails 
22 to prohibit concealed firearms on its premises as provided 
23 in this paragraph or who knowingly makes a false statement 
24 or record to avoid the prohibition on concealed firearms 
25 under this paragraph is subject to the penalty under 
26 subsection (c-5) of Section 10-1 of the Liquor Control Act 
 
 
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1 of 1934.
2  (10) Any public gathering or special event conducted on 
3 property open to the public that requires the issuance of a 
4 permit from the unit of local government, provided this 
5 prohibition shall not apply to a licensee who must walk 
6 through a public gathering in order to access his or her 
7 residence, place of business, or vehicle.
8  (11) Any building or real property that has been issued 
9 a Special Event Retailer's license as defined in Section 
10 1-3.17.1 of the Liquor Control Act during the time 
11 designated for the sale of alcohol by the Special Event 
12 Retailer's license, or a Special use permit license as 
13 defined in subsection (q) of Section 5-1 of the Liquor 
14 Control Act during the time designated for the sale of 
15 alcohol by the Special use permit license.
16  (12) Any public playground.
17  (13) Any public park, athletic area, or athletic 
18 facility under the control of a municipality or park 
19 district, provided nothing in this Section shall prohibit a 
20 licensee from carrying a concealed firearm while on a trail 
21 or bikeway if only a portion of the trail or bikeway 
22 includes a public park.
23  (14) Any real property under the control of the Cook 
24 County Forest Preserve District.
25  (15) Any building, classroom, laboratory, medical 
26 clinic, hospital, artistic venue, athletic venue, 
 
 
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1 entertainment venue, officially recognized 
2 university-related organization property, whether owned or 
3 leased, and any real property, including parking areas, 
4 sidewalks, and common areas under the control of a public 
5 or private community college, college, or university.
6  (16) Any building, real property, or parking area under 
7 the control of a gaming facility licensed under the 
8 Riverboat Gambling Act or the Illinois Horse Racing Act of 
9 1975, including an inter-track wagering location licensee.
10  (17) Any stadium, arena, or the real property or 
11 parking area under the control of a stadium, arena, or any 
12 collegiate or professional sporting event.
13  (18) Any building, real property, or parking area under 
14 the control of a public library.
15  (19) Any building, real property, or parking area under 
16 the control of an airport.
17  (20) Any building, real property, or parking area under 
18 the control of an amusement park.
19  (21) Any building, real property, or parking area under 
20 the control of a zoo or museum.
21  (22) Any street, driveway, parking area, property, 
22 building, or facility, owned, leased, controlled, or used 
23 by a nuclear energy, storage, weapons, or development site 
24 or facility regulated by the federal Nuclear Regulatory 
25 Commission. The licensee shall not under any circumstance 
26 store a firearm or ammunition in his or her vehicle or in a 
 
 
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1 compartment or container within a vehicle located anywhere 
2 in or on the street, driveway, parking area, property, 
3 building, or facility described in this paragraph.
4  (23) Any area where firearms are prohibited under 
5 federal law.
6 (a-5) Nothing in this Act shall prohibit a public or 
7private community college, college, or university from:
8  (1) prohibiting persons from carrying a firearm within 
9 a vehicle owned, leased, or controlled by the college or 
10 university;
11  (2) developing resolutions, regulations, or policies 
12 regarding student, employee, or visitor misconduct and 
13 discipline, including suspension and expulsion;
14  (3) developing resolutions, regulations, or policies 
15 regarding the storage or maintenance of firearms, which 
16 must include designated areas where persons can park 
17 vehicles that carry firearms; and
18  (4) permitting the carrying or use of firearms for the 
19 purpose of instruction and curriculum of officially 
20 recognized programs, including but not limited to military 
21 science and law enforcement training programs, or in any 
22 designated area used for hunting purposes or target 
23 shooting.
24 (a-10) The owner of private real property of any type may 
25prohibit the carrying of concealed firearms on the property 
26under his or her control. The owner must post a sign in 
 
 
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1accordance with subsection (d) of this Section indicating that 
2firearms are prohibited on the property, unless the property is 
3a private residence.
4 (b) Notwithstanding subsections (a), (a-5), and (a-10) of 
5this Section except under paragraph (22) or (23) of subsection 
6(a), any licensee prohibited from carrying a concealed firearm 
7into the parking area of a prohibited location specified in 
8subsection (a), (a-5), or (a-10) of this Section shall be 
9permitted to carry a concealed firearm on or about his or her 
10person within a vehicle into the parking area and may store a 
11firearm or ammunition concealed in a case within a locked 
12vehicle or locked container out of plain view within the 
13vehicle in the parking area. A licensee may carry a concealed 
14firearm in the immediate area surrounding his or her vehicle 
15within a prohibited parking lot area only for the limited 
16purpose of storing or retrieving a firearm within the vehicle's 
17trunk. For purposes of this subsection, "case" includes a glove 
18compartment or console that completely encloses the concealed 
19firearm or ammunition, the trunk of the vehicle, or a firearm 
20carrying box, shipping box, or other container.
21 (c) A licensee shall not be in violation of this Section 
22while he or she is traveling along a public right of way that 
23touches or crosses any of the premises under subsection (a), 
24(a-5), or (a-10) of this Section if the concealed firearm is 
25carried on his or her person in accordance with the provisions 
26of this Act or is being transported in a vehicle by the 
 
 
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1licensee in accordance with all other applicable provisions of 
2law.
3 (c-5) A licensee under this Act who is a current member of 
4the General Assembly or State employee shall not be in 
5violation of this Section when he or she carries a concealed 
6weapon on State property, except he or she shall not carry a 
7concealed weapon on the grounds of the Capitol Complex. 
8 (d) Signs stating that the carrying of firearms is 
9prohibited shall be clearly and conspicuously posted at the 
10entrance of a building, premises, or real property specified in 
11this Section as a prohibited area, unless the building or 
12premises is a private residence. Signs shall be of a uniform 
13design as established by the Department and shall be 4 inches 
14by 6 inches in size. The Department shall adopt rules for 
15standardized signs to be used under this subsection.

16(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)".