99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB6199

Introduced , by Rep. Carol Ammons

SYNOPSIS AS INTRODUCED:

`410 ILCS 130/10`
`430 ILCS 65/1.1`	`from Ch. 38, par. 83-1.1`
`430 ILCS 65/8`	`from Ch. 38, par. 83-8`

Amends the Compassionate Use of Medical Cannabis Pilot Program Act. Includes in the definition of "debilitating medical condition", post-traumatic stress disorder. Amends the Firearm Owners Identification Card Act. Provides that whether a person is addicted to narcotics for purposes of the Act shall not be based on the status of the person as a registered qualifying patient or registered caregiver under the Compassionate Use of Medical Cannabis Pilot Program Act. Provides that the Department of State Police's authority to deny an application for or to revoke and seize a Firearm Owner's Identification Card based on any Illinois State statute or federal law does not include State statutes or federal laws that may prohibit the acquisition or possession of firearms or firearm ammunition based on a person's status as a registered qualifying patient under the Compassionate Use of Medical Cannabis Pilot Program Act.

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A BILL FOR

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1 AN ACT concerning medical cannabis.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Compassionate Use of Medical Cannabis Pilot

5 Program Act is amended by changing Section 10 as follows:

6 (410 ILCS 130/10)

7 (Section scheduled to be repealed on January 1, 2018)

8 Sec. 10. Definitions. The following terms, as used in this

9 Act, shall have the meanings set forth in this Section:

10 (a) "Adequate supply" means:

11 (1) 2.5 ounces of usable cannabis during a period of 14

12 days and that is derived solely from an intrastate source.

13 (2) Subject to the rules of the Department of Public

14 Health, a patient may apply for a waiver where a physician

15 provides a substantial medical basis in a signed, written

16 statement asserting that, based on the patient's medical

17 history, in the physician's professional judgment, 2.5

18 ounces is an insufficient adequate supply for a 14-day

19 period to properly alleviate the patient's debilitating

20 medical condition or symptoms associated with the

21 debilitating medical condition.

22 (3) This subsection may not be construed to authorize

23 the possession of more than 2.5 ounces at any time without

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1 authority from the Department of Public Health.

2 (4) The pre-mixed weight of medical cannabis used in

3 making a cannabis infused product shall apply toward the

4 limit on the total amount of medical cannabis a registered

5 qualifying patient may possess at any one time.

6 (b) "Cannabis" has the meaning given that term in Section 3

7 of the Cannabis Control Act.

8 (c) "Cannabis plant monitoring system" means a system that

9 includes, but is not limited to, testing and data collection

10 established and maintained by the registered cultivation

11 center and available to the Department for the purposes of

12 documenting each cannabis plant and for monitoring plant

13 development throughout the life cycle of a cannabis plant

14 cultivated for the intended use by a qualifying patient from

15 seed planting to final packaging.

16 (d) "Cardholder" means a qualifying patient or a designated

17 caregiver who has been issued and possesses a valid registry

18 identification card by the Department of Public Health.

19 (e) "Cultivation center" means a facility operated by an

20 organization or business that is registered by the Department

21 of Agriculture to perform necessary activities to provide only

22 registered medical cannabis dispensing organizations with

23 usable medical cannabis.

24 (f) "Cultivation center agent" means a principal officer,

25 board member, employee, or agent of a registered cultivation

26 center who is 21 years of age or older and has not been

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1 convicted of an excluded offense.

2 (g) "Cultivation center agent identification card" means a

3 document issued by the Department of Agriculture that

4 identifies a person as a cultivation center agent.

5 (h) "Debilitating medical condition" means one or more of

6 the following:

7 (1) cancer, glaucoma, positive status for human

8 immunodeficiency virus, acquired immune deficiency

9 syndrome, hepatitis C, amyotrophic lateral sclerosis,

10 Crohn's disease, agitation of Alzheimer's disease,

11 cachexia/wasting syndrome, muscular dystrophy, severe

12 fibromyalgia, spinal cord disease, including but not

13 limited to arachnoiditis, Tarlov cysts, hydromyelia,

14 syringomyelia, Rheumatoid arthritis, fibrous dysplasia,

15 spinal cord injury, traumatic brain injury and

16 post-concussion syndrome, Multiple Sclerosis,

17 Arnold-Chiari malformation and Syringomyelia,

18 Spinocerebellar Ataxia (SCA), Parkinson's, Tourette's,

19 Myoclonus, Dystonia, Reflex Sympathetic Dystrophy, RSD

20 (Complex Regional Pain Syndromes Type I), Causalgia, CRPS

21 (Complex Regional Pain Syndromes Type II),

22 Neurofibromatosis, Chronic Inflammatory Demyelinating

23 Polyneuropathy, Sjogren's syndrome, Lupus, Interstitial

24 Cystitis, Myasthenia Gravis, Hydrocephalus, nail-patella

25 syndrome, residual limb pain, post-traumatic stress

26 disorder, seizures (including those characteristic of

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1 epilepsy), or the treatment of these conditions; or

2 (2) any other debilitating medical condition or its

3 treatment that is added by the Department of Public Health

4 by rule as provided in Section 45.

5 (i) "Designated caregiver" means a person who: (1) is at

6 least 21 years of age; (2) has agreed to assist with a

7 patient's medical use of cannabis; (3) has not been convicted

8 of an excluded offense; and (4) assists no more than one

9 registered qualifying patient with his or her medical use of

10 cannabis.

11 (j) "Dispensing organization agent identification card"

12 means a document issued by the Department of Financial and

13 Professional Regulation that identifies a person as a medical

14 cannabis dispensing organization agent.

15 (k) "Enclosed, locked facility" means a room, greenhouse,

16 building, or other enclosed area equipped with locks or other

17 security devices that permit access only by a cultivation

18 center's agents or a dispensing organization's agent working

19 for the registered cultivation center or the registered

20 dispensing organization to cultivate, store, and distribute

21 cannabis for registered qualifying patients.

22 (l) "Excluded offense" means:

23 (1) a violent crime defined in Section 3 of the Rights

24 of Crime Victims and Witnesses Act or a substantially

25 similar offense that was classified as a felony in the

26 jurisdiction where the person was convicted; or

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1 (2) a violation of a state or federal controlled

2 substance law that was classified as a felony in the

3 jurisdiction where the person was convicted, except that

4 the registering Department may waive this restriction if

5 the person demonstrates to the registering Department's

6 satisfaction that his or her conviction was for the

7 possession, cultivation, transfer, or delivery of a

8 reasonable amount of cannabis intended for medical use.

9 This exception does not apply if the conviction was under

10 state law and involved a violation of an existing medical

11 cannabis law.

12 (m) "Medical cannabis cultivation center registration"

13 means a registration issued by the Department of Agriculture.

14 (n) "Medical cannabis container" means a sealed,

15 traceable, food compliant, tamper resistant, tamper evident

16 container, or package used for the purpose of containment of

17 medical cannabis from a cultivation center to a dispensing

18 organization.

19 (o) "Medical cannabis dispensing organization", or

20 "dispensing organization", or "dispensary organization" means

21 a facility operated by an organization or business that is

22 registered by the Department of Financial and Professional

23 Regulation to acquire medical cannabis from a registered

24 cultivation center for the purpose of dispensing cannabis,

25 paraphernalia, or related supplies and educational materials

26 to registered qualifying patients.

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1 (p) "Medical cannabis dispensing organization agent" or

2 "dispensing organization agent" means a principal officer,

3 board member, employee, or agent of a registered medical

4 cannabis dispensing organization who is 21 years of age or

5 older and has not been convicted of an excluded offense.

6 (q) "Medical cannabis infused product" means food, oils,

7 ointments, or other products containing usable cannabis that

8 are not smoked.

9 (r) "Medical use" means the acquisition; administration;

10 delivery; possession; transfer; transportation; or use of

11 cannabis to treat or alleviate a registered qualifying

12 patient's debilitating medical condition or symptoms

13 associated with the patient's debilitating medical condition.

14 (s) "Physician" means a doctor of medicine or doctor of

15 osteopathy licensed under the Medical Practice Act of 1987 to

16 practice medicine and who has a controlled substances license

17 under Article III of the Illinois Controlled Substances Act. It

18 does not include a licensed practitioner under any other Act

19 including but not limited to the Illinois Dental Practice Act.

20 (t) "Qualifying patient" means a person who has been

21 diagnosed by a physician as having a debilitating medical

22 condition.

23 (u) "Registered" means licensed, permitted, or otherwise

24 certified by the Department of Agriculture, Department of

25 Public Health, or Department of Financial and Professional

26 Regulation.

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1 (v) "Registry identification card" means a document issued

2 by the Department of Public Health that identifies a person as

3 a registered qualifying patient or registered designated

4 caregiver.

5 (w) "Usable cannabis" means the seeds, leaves, buds, and

6 flowers of the cannabis plant and any mixture or preparation

7 thereof, but does not include the stalks, and roots of the

8 plant. It does not include the weight of any non-cannabis

9 ingredients combined with cannabis, such as ingredients added

10 to prepare a topical administration, food, or drink.

11 (x) "Verification system" means a Web-based system

12 established and maintained by the Department of Public Health

13 that is available to the Department of Agriculture, the

14 Department of Financial and Professional Regulation, law

15 enforcement personnel, and registered medical cannabis

16 dispensing organization agents on a 24-hour basis for the

17 verification of registry identification cards, the tracking of

18 delivery of medical cannabis to medical cannabis dispensing

19 organizations, and the tracking of the date of sale, amount,

20 and price of medical cannabis purchased by a registered

21 qualifying patient.

22 (y) "Written certification" means a document dated and

23 signed by a physician, stating (1) that in the physician's

24 professional opinion the patient is likely to receive

25 therapeutic or palliative benefit from the medical use of

26 cannabis to treat or alleviate the patient's debilitating

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1 medical condition or symptoms associated with the debilitating

2 medical condition; (2) that the qualifying patient has a

3 debilitating medical condition and specifying the debilitating

4 medical condition the qualifying patient has; and (3) that the

5 patient is under the physician's care for the debilitating

6 medical condition. A written certification shall be made only

7 in the course of a bona fide physician-patient relationship,

8 after the physician has completed an assessment of the

9 qualifying patient's medical history, reviewed relevant

10 records related to the patient's debilitating condition, and

11 conducted a physical examination.

12 A veteran who has received treatment at a VA hospital shall

13 be deemed to have a bona fide physician-patient relationship

14 with a VA physician if the patient has been seen for his or her

15 debilitating medical condition at the VA Hospital in accordance

16 with VA Hospital protocols.

17 A bona fide physician-patient relationship under this

18 subsection is a privileged communication within the meaning of

19 Section 8-802 of the Code of Civil Procedure.

20 (Source: P.A. 98-122, eff. 1-1-14; 98-775, eff. 1-1-15.)

21 Section 10. The Firearm Owners Identification Card Act is

22 amended by changing Sections 1.1 and 8 as follows:

23 (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)

24 Sec. 1.1. For purposes of this Act:

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1 "Addicted to narcotics" means a person who has been:

2 (1) convicted of an offense involving the use or

3 possession of cannabis, a controlled substance, or

4 methamphetamine within the past year; or

5 (2) determined by the Department of State Police to be

6 addicted to narcotics based upon federal law or federal

7 guidelines.

8 "Addicted to narcotics" does not include possession or use

9 of a prescribed controlled substance under the direction and

10 authority of a physician or other person authorized to

11 prescribe the controlled substance when the controlled

12 substance is used in the prescribed manner.

13 Notwithstanding any other provision of this Act, federal

14 law, or federal guidelines, the determination of whether a

15 person is addicted to narcotics shall not be based on the

16 status of the person as a registered qualifying patient or

17 registered caregiver under the Compassionate Use of Medical

18 Cannabis Pilot Program Act.

19 "Adjudicated as a person with a mental disability" means

20 the person is the subject of a determination by a court, board,

21 commission or other lawful authority that the person, as a

22 result of marked subnormal intelligence, or mental illness,

23 mental impairment, incompetency, condition, or disease:

24 (1) presents a clear and present danger to himself,

25 herself, or to others;

26 (2) lacks the mental capacity to manage his or her own

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1 affairs or is adjudicated a person with a disability as

2 defined in Section 11a-2 of the Probate Act of 1975;

3 (3) is not guilty in a criminal case by reason of

4 insanity, mental disease or defect;

5 (3.5) is guilty but mentally ill, as provided in

6 Section 5-2-6 of the Unified Code of Corrections;

7 (4) is incompetent to stand trial in a criminal case;

8 (5) is not guilty by reason of lack of mental

9 responsibility under Articles 50a and 72b of the Uniform

10 Code of Military Justice, 10 U.S.C. 850a, 876b;

11 (6) is a sexually violent person under subsection (f)

12 of Section 5 of the Sexually Violent Persons Commitment

13 Act;

14 (7) is a sexually dangerous person under the Sexually

15 Dangerous Persons Act;

16 (8) is unfit to stand trial under the Juvenile Court

17 Act of 1987;

18 (9) is not guilty by reason of insanity under the

19 Juvenile Court Act of 1987;

20 (10) is subject to involuntary admission as an

21 inpatient as defined in Section 1-119 of the Mental Health

22 and Developmental Disabilities Code;

23 (11) is subject to involuntary admission as an

24 outpatient as defined in Section 1-119.1 of the Mental

25 Health and Developmental Disabilities Code;

26 (12) is subject to judicial admission as set forth in

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1 Section 4-500 of the Mental Health and Developmental

2 Disabilities Code; or

3 (13) is subject to the provisions of the Interstate

4 Agreements on Sexually Dangerous Persons Act.

5 "Clear and present danger" means a person who:

6 (1) communicates a serious threat of physical violence

7 against a reasonably identifiable victim or poses a clear

8 and imminent risk of serious physical injury to himself,

9 herself, or another person as determined by a physician,

10 clinical psychologist, or qualified examiner; or

11 (2) demonstrates threatening physical or verbal

12 behavior, such as violent, suicidal, or assaultive

13 threats, actions, or other behavior, as determined by a

14 physician, clinical psychologist, qualified examiner,

15 school administrator, or law enforcement official.

16 "Clinical psychologist" has the meaning provided in

17 Section 1-103 of the Mental Health and Developmental

18 Disabilities Code.

19 "Controlled substance" means a controlled substance or

20 controlled substance analog as defined in the Illinois

21 Controlled Substances Act.

22 "Counterfeit" means to copy or imitate, without legal

23 authority, with intent to deceive.

24 ~~disability~~

25 ~~This disability results in the professional opinion of a~~

26 ~~physician, clinical psychologist, or qualified examiner, in~~

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1 ~~significant functional limitations in 3 or more of the~~

2 ~~following areas of major life activity:~~

3 ~~(i) self-care;~~

4 ~~(ii) receptive and expressive language;~~

5 ~~(iii) learning;~~

6 ~~(iv) mobility; or~~

7 ~~(v) self-direction.~~

8 "Federally licensed firearm dealer" means a person who is

9 licensed as a federal firearms dealer under Section 923 of the

10 federal Gun Control Act of 1968 (18 U.S.C. 923).

11 "Firearm" means any device, by whatever name known, which

12 is designed to expel a projectile or projectiles by the action

13 of an explosion, expansion of gas or escape of gas; excluding,

14 however:

15 (1) any pneumatic gun, spring gun, paint ball gun, or

16 B-B gun which expels a single globular projectile not

17 exceeding .18 inch in diameter or which has a maximum

18 muzzle velocity of less than 700 feet per second;

19 (1.1) any pneumatic gun, spring gun, paint ball gun, or

20 B-B gun which expels breakable paint balls containing

21 washable marking colors;

22 (2) any device used exclusively for signalling or

23 safety and required or recommended by the United States

24 Coast Guard or the Interstate Commerce Commission;

25 (3) any device used exclusively for the firing of stud

26 cartridges, explosive rivets or similar industrial

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1 ammunition; and

2 (4) an antique firearm (other than a machine-gun)

3 which, although designed as a weapon, the Department of

4 State Police finds by reason of the date of its

5 manufacture, value, design, and other characteristics is

6 primarily a collector's item and is not likely to be used

7 as a weapon.

8 "Firearm ammunition" means any self-contained cartridge or

9 shotgun shell, by whatever name known, which is designed to be

10 used or adaptable to use in a firearm; excluding, however:

11 (1) any ammunition exclusively designed for use with a

12 device used exclusively for signalling or safety and

13 required or recommended by the United States Coast Guard or

14 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 display,

24 offer, or exhibit for sale, sell, transfer, or exchange

25 firearms.

26 "Gun show" includes the entire premises provided for an

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1 event or function, including parking areas for the event or

2 function, that is sponsored to facilitate the purchase, sale,

3 transfer, or exchange of firearms as described in this Section.

4 Nothing in this definition shall be construed to exclude a gun

5 show held in conjunction with competitive shooting events at

6 the World Shooting Complex sanctioned by a national governing

7 body in which the sale or transfer of firearms is authorized

8 under subparagraph (5) of paragraph (g) of subsection (A) of

9 Section 24-3 of the Criminal Code of 2012.

10 Unless otherwise expressly stated, "gun show" does not

11 include training or safety classes, competitive shooting

12 events, such as rifle, shotgun, or handgun matches, trap,

13 skeet, or sporting clays shoots, dinners, banquets, raffles, or

14 any other event where the sale or transfer of firearms is not

15 the primary course of business.

16 "Gun show promoter" means a person who organizes or

17 operates a gun show.

18 "Gun show vendor" means a person who exhibits, sells,

19 offers for sale, transfers, or exchanges any firearms at a gun

20 show, regardless of whether the person arranges with a gun show

21 promoter for a fixed location from which to exhibit, sell,

22 offer for sale, transfer, or exchange any firearm.

23 "Involuntarily admitted" has the meaning as prescribed in

24 Sections 1-119 and 1-119.1 of the Mental Health and

25 Developmental Disabilities Code.

26 "Mental health facility" means any licensed private

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1 hospital or hospital affiliate, institution, or facility, or

2 part thereof, and any facility, or part thereof, operated by

3 the State or a political subdivision thereof which provide

4 treatment of persons with mental illness and includes all

5 hospitals, institutions, clinics, evaluation facilities,

6 mental health centers, colleges, universities, long-term care

7 facilities, and nursing homes, or parts thereof, which provide

8 treatment of persons with mental illness whether or not the

9 primary purpose is to provide treatment of persons with mental

10 illness.

11 "National governing body" means a group of persons who

12 adopt rules and formulate policy on behalf of a national

13 firearm sporting organization.

14 "Patient" means:

15 (1) a person who voluntarily receives mental health

16 treatment as an in-patient or resident of any public or

17 private mental health facility, unless the treatment was

18 solely for an alcohol abuse disorder and no other secondary

19 substance abuse disorder or mental illness; or

20 (2) a person who voluntarily receives mental health

21 treatment as an out-patient or is provided services by a

22 public or private mental health facility, and who poses a

23 clear and present danger to himself, herself, or to others.

24 "Person with a developmental disability" means a person

25 with a disability which is attributable to any other condition

26 which results in impairment similar to that caused by an

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1 intellectual disability and which requires services similar to

2 those required by persons with intellectual disabilities. The

3 disability must originate before the age of 18 years, be

4 expected to continue indefinitely, and constitute a

5 substantial disability. This disability results, in the

6 professional opinion of a physician, clinical psychologist, or

7 qualified examiner, in significant functional limitations in 3

8 or more of the following areas of major life activity:

9 (i) self-care;

10 (ii) receptive and expressive language;

11 (iii) learning;

12 (iv) mobility; or

13 (v) self-direction.

14 "Person with an intellectual disability" means a person

15 with a significantly subaverage general intellectual

16 functioning which exists concurrently with impairment in

17 adaptive behavior and which originates before the age of 18

18 years.

19 "Physician" has the meaning as defined in Section 1-120 of

20 the Mental Health and Developmental Disabilities Code.

21 "Qualified examiner" has the meaning provided in Section

22 1-122 of the Mental Health and Developmental Disabilities Code.

23 "Sanctioned competitive shooting event" means a shooting

24 contest officially recognized by a national or state shooting

25 sport association, and includes any sight-in or practice

26 conducted in conjunction with the event.

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1 "School administrator" means the person required to report

2 under the School Administrator Reporting of Mental Health Clear

3 and Present Danger Determinations Law.

4 "Stun gun or taser" has the meaning ascribed to it in

5 Section 24-1 of the Criminal Code of 2012.

6 (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143,

7 eff. 7-27-15; revised 10-20-15.)

8 (430 ILCS 65/8) (from Ch. 38, par. 83-8)

9 Sec. 8. Grounds for denial and revocation. The Department

10 of State Police has authority to deny an application for or to

11 revoke and seize a Firearm Owner's Identification Card

12 previously issued under this Act only if the Department finds

13 that the applicant or the person to whom such card was issued

14 is or was at the time of issuance:

15 (a) A person under 21 years of age who has been

16 convicted of a misdemeanor other than a traffic offense or

17 adjudged delinquent;

18 (b) A person under 21 years of age who does not have

19 the written consent of his parent or guardian to acquire

20 and possess firearms and firearm ammunition, or whose

21 parent or guardian has revoked such written consent, or

22 where such parent or guardian does not qualify to have a

23 Firearm Owner's Identification Card;

24 (c) A person convicted of a felony under the laws of

25 this or any other jurisdiction;

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1 (d) A person addicted to narcotics;

2 (e) A person who has been a patient of a mental health

3 facility within the past 5 years or a person who has been a

4 patient in a mental health facility more than 5 years ago

5 who has not received the certification required under

6 subsection (u) of this Section. An active law enforcement

7 officer employed by a unit of government who is denied,

8 revoked, or has his or her Firearm Owner's Identification

9 Card seized under this subsection (e) may obtain relief as

10 described in subsection (c-5) of Section 10 of this Act if

11 the officer did not act in a manner threatening to the

12 officer, another person, or the public as determined by the

13 treating clinical psychologist or physician, and the

14 officer seeks mental health treatment;

15 (f) A person whose mental condition is of such a nature

16 that it poses a clear and present danger to the applicant,

17 any other person or persons or the community;

18 (g) A person who has an intellectual disability;

19 (h) A person who intentionally makes a false statement

20 in the Firearm Owner's Identification Card application;

21 (i) An alien who is unlawfully present in the United

22 States under the laws of the United States;

23 (i-5) An alien who has been admitted to the United

24 States under a non-immigrant visa (as that term is defined

25 in Section 101(a)(26) of the Immigration and Nationality

26 Act (8 U.S.C. 1101(a)(26))), except that this subsection

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1 (i-5) does not apply to any alien who has been lawfully

2 admitted to the United States under a non-immigrant visa if

3 that alien is:

4 (1) admitted to the United States for lawful

5 hunting or sporting purposes;

6 (2) an official representative of a foreign

7 government who is:

8 (A) accredited to the United States Government

9 or the Government's mission to an international

10 organization having its headquarters in the United

11 States; or

12 (B) en route to or from another country to

13 which that alien is accredited;

14 (3) an official of a foreign government or

15 distinguished foreign visitor who has been so

16 designated by the Department of State;

17 (4) a foreign law enforcement officer of a friendly

18 foreign government entering the United States on

19 official business; or

20 (5) one who has received a waiver from the Attorney

21 General of the United States pursuant to 18 U.S.C.

22 922(y)(3);

23 (j) (Blank);

24 (k) A person who has been convicted within the past 5

25 years of battery, assault, aggravated assault, violation

26 of an order of protection, or a substantially similar

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1 offense in another jurisdiction, in which a firearm was

2 used or possessed;

3 (l) A person who has been convicted of domestic

4 battery, aggravated domestic battery, or a substantially

5 similar offense in another jurisdiction committed before,

6 on or after January 1, 2012 (the effective date of Public

7 Act 97-158). If the applicant or person who has been

8 previously issued a Firearm Owner's Identification Card

9 under this Act knowingly and intelligently waives the right

10 to have an offense described in this paragraph (l) tried by

11 a jury, and by guilty plea or otherwise, results in a

12 conviction for an offense in which a domestic relationship

13 is not a required element of the offense but in which a

14 determination of the applicability of 18 U.S.C. 922(g)(9)

15 is made under Section 112A-11.1 of the Code of Criminal

16 Procedure of 1963, an entry by the court of a judgment of

17 conviction for that offense shall be grounds for denying an

18 application for and for revoking and seizing a Firearm

19 Owner's Identification Card previously issued to the

20 person under this Act;

21 (m) (Blank);

22 (n) A person who is prohibited from acquiring or

23 possessing firearms or firearm ammunition by~~any~~ Illinois

24 State statute or by federal law, other than State statutes

25 and federal laws that may prohibit the acquisition or

26 possession of firearms or firearm ammunition based on a

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1 person's status as a registered qualifying patient under

2 the Compassionate Use of Medical Cannabis Pilot Program

3 Act;

4 (o) A minor subject to a petition filed under Section

5 5-520 of the Juvenile Court Act of 1987 alleging that the

6 minor is a delinquent minor for the commission of an

7 offense that if committed by an adult would be a felony;

8 (p) An adult who had been adjudicated a delinquent

9 minor under the Juvenile Court Act of 1987 for the

10 commission of an offense that if committed by an adult

11 would be a felony;

12 (q) A person who is not a resident of the State of

13 Illinois, except as provided in subsection (a-10) of

14 Section 4;

15 (r) A person who has been adjudicated as a person with

16 a mental disability;

17 (s) A person who has been found to have a developmental

18 disability;

19 (t) A person involuntarily admitted into a mental

20 health facility; or

21 (u) A person who has had his or her Firearm Owner's

22 Identification Card revoked or denied under subsection (e)

23 of this Section or item (iv) of paragraph (2) of subsection

24 (a) of Section 4 of this Act because he or she was a

25 patient in a mental health facility as provided in

26 subsection (e) of this Section, shall not be permitted to

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1 obtain a Firearm Owner's Identification Card, after the

2 5-year period has lapsed, unless he or she has received a

3 mental health evaluation by a physician, clinical

4 psychologist, or qualified examiner as those terms are

5 defined in the Mental Health and Developmental

6 Disabilities Code, and has received a certification that he

7 or she is not a clear and present danger to himself,

8 herself, or others. The physician, clinical psychologist,

9 or qualified examiner making the certification and his or

10 her employer shall not be held criminally, civilly, or

11 professionally liable for making or not making the

12 certification required under this subsection, except for

13 willful or wanton misconduct. This subsection does not

14 apply to a person whose firearm possession rights have been

15 restored through administrative or judicial action under

16 Section 10 or 11 of this Act.

17 Upon revocation of a person's Firearm Owner's

18 Identification Card, the Department of State Police shall

19 provide notice to the person and the person shall comply with

20 Section 9.5 of this Act.

21 (Source: P.A. 98-63, eff. 7-9-13; 98-508, eff. 8-19-13; 98-756,

22 eff. 7-16-14; 99-143, eff. 7-27-15.)