Sen. Wm. Sam McCann
Filed: 4/2/2018
 
 


 




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1
AMENDMENT TO SENATE BILL 2583 




2 AMENDMENT NO. ______. Amend Senate Bill 2583 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 B-B, paint ball, pellet, or single 
18 globular projectile not exceeding .18 inch in
diameter or 
19 which has a maximum muzzle velocity of less than 700 feet

20 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 voluntarily receives mental health 
18 treatment as an in-patient or resident of any public or 
19 private mental health facility, unless the treatment was 
20 solely for an alcohol abuse disorder and no other secondary 
21 substance abuse disorder or mental illness; or 
22  (2) a person who voluntarily receives mental health 
23 treatment as an out-patient or is provided services by a 
24 public or private mental health facility, and who poses a 
25 clear and present danger to himself, herself, or to others. 
26 "Person with a developmental disability" means a person 
 
 
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1with a disability which is attributable to any other condition 
2which results in impairment similar to that caused by an 
3intellectual disability and which requires services similar to 
4those required by persons with intellectual disabilities. The 
5disability must originate before the age of 18
years, be 
6expected to continue indefinitely, and constitute a 
7substantial disability. This disability results, in the 
8professional opinion of a physician, clinical psychologist, or 
9qualified examiner, in significant functional limitations in 3 
10or more of the following areas of major life activity:
11  (i) self-care;
12  (ii) receptive and expressive language;
13  (iii) learning;
14  (iv) mobility; or
15  (v) self-direction. 
16 "Person with an intellectual disability" means a person 
17with a significantly subaverage general intellectual 
18functioning which exists concurrently with impairment in 
19adaptive behavior and which originates before the age of 18 
20years. 
21 "Physician" has the meaning as defined in Section 1-120 of 
22the Mental Health and Developmental Disabilities Code.
23 "Qualified examiner" has the meaning provided in Section 
241-122 of the Mental Health and Developmental Disabilities Code.
25 "Sanctioned competitive shooting event" means a shooting 
26contest officially recognized by a national or state shooting 
 
 
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1sport association, and includes any sight-in or practice 
2conducted in conjunction with the event.


3 "School administrator" means the person required to report 
4under the School Administrator Reporting of Mental Health Clear 
5and Present Danger Determinations Law.
6 "Stun gun or taser" has the meaning ascribed to it in 
7Section 24-1 of the Criminal Code of 2012.
8(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143, 
9eff. 7-27-15; 99-642, eff. 7-28-16.)


10 Section 99. Effective date. This Act takes effect upon 
11becoming law.".