100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB2583

Introduced 2/7/2018, by Sen. Wm. Sam McCann

SYNOPSIS AS INTRODUCED:
430 ILCS 65/1.1 from Ch. 38, par. 83-1.1

Amends the Firearm Owners Identification Card Act. Alters an exemption in the definition of "firearm" to exempt a pneumatic gun, spring gun, paint ball gun, or B-B gun which expels a single globular projectile from the requirement of a Firearm Owner's Identification Card to possess the pneumatic gun, spring gun, paint ball gun, or B-B gun (currently the exemption only covers those that expel a single globular projectile not exceeding .18 inch in diameter or which have a maximum muzzle velocity of less than 700 feet per second). Effective immediately.
LRB100 19551 MRW 34819 b

A BILL FOR

SB2583LRB100 19551 MRW 34819 b
1 AN ACT concerning safety.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
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
17authority of a physician or other person authorized to
18prescribe the controlled substance when the controlled
19substance is used in the prescribed manner.
20 "Adjudicated as a person with a mental disability" means
21the person is the subject of a determination by a court, board,
22commission or other lawful authority that the person, as a
23result of marked subnormal intelligence, or mental illness,

SB2583- 2 -LRB100 19551 MRW 34819 b
1mental impairment, incompetency, condition, or disease:
2 (1) presents a clear and present danger to himself,
3 herself, or to others;
4 (2) lacks the mental capacity to manage his or her own
5 affairs or is adjudicated a person with a disability as
6 defined in Section 11a-2 of the Probate Act of 1975;
7 (3) is not guilty in a criminal case by reason of
8 insanity, mental disease or defect;
9 (3.5) is guilty but mentally ill, as provided in
10 Section 5-2-6 of the Unified Code of Corrections;
11 (4) is incompetent to stand trial in a criminal case;
12 (5) is not guilty by reason of lack of mental
13 responsibility under Articles 50a and 72b of the Uniform
14 Code of Military Justice, 10 U.S.C. 850a, 876b;
15 (6) is a sexually violent person under subsection (f)
16 of Section 5 of the Sexually Violent Persons Commitment
17 Act;
18 (7) is a sexually dangerous person under the Sexually
19 Dangerous Persons Act;
20 (8) is unfit to stand trial under the Juvenile Court
21 Act of 1987;
22 (9) is not guilty by reason of insanity under the
23 Juvenile Court Act of 1987;
24 (10) is subject to involuntary admission as an
25 inpatient as defined in Section 1-119 of the Mental Health
26 and Developmental Disabilities Code;

SB2583- 3 -LRB100 19551 MRW 34819 b
1 (11) is subject to involuntary admission as an
2 outpatient as defined in Section 1-119.1 of the Mental
3 Health and Developmental Disabilities Code;
4 (12) is subject to judicial admission as set forth in
5 Section 4-500 of the Mental Health and Developmental
6 Disabilities Code; or
7 (13) is subject to the provisions of the Interstate
8 Agreements on Sexually Dangerous Persons Act.
9 "Clear and present danger" means a person who:
10 (1) communicates a serious threat of physical violence
11 against a reasonably identifiable victim or poses a clear
12 and imminent risk of serious physical injury to himself,
13 herself, or another person as determined by a physician,
14 clinical psychologist, or qualified examiner; or
15 (2) demonstrates threatening physical or verbal
16 behavior, such as violent, suicidal, or assaultive
17 threats, actions, or other behavior, as determined by a
18 physician, clinical psychologist, qualified examiner,
19 school administrator, or law enforcement official.
20 "Clinical psychologist" has the meaning provided in
21Section 1-103 of the Mental Health and Developmental
22Disabilities Code.
23 "Controlled substance" means a controlled substance or
24controlled substance analog as defined in the Illinois
25Controlled Substances Act.
26 "Counterfeit" means to copy or imitate, without legal

SB2583- 4 -LRB100 19551 MRW 34819 b
1authority, with intent to deceive.
2 "Federally licensed firearm dealer" means a person who is
3licensed as a federal firearms dealer under Section 923 of the
4federal Gun Control Act of 1968 (18 U.S.C. 923).
5 "Firearm" means any device, by whatever name known, which
6is designed to expel a projectile or projectiles by the action
7of an explosion, expansion of gas or escape of gas; excluding,
8however:
9 (1) any pneumatic gun, spring gun, paint ball gun, or
10 B-B gun which expels a single globular projectile not
11 exceeding .18 inch in diameter or which has a maximum
12 muzzle velocity of less than 700 feet per second;
13 (1.1) any pneumatic gun, spring gun, paint ball gun, or
14 B-B gun which expels breakable paint balls containing
15 washable marking colors;
16 (2) any device used exclusively for signalling or
17 safety and required or recommended by the United States
18 Coast Guard or the Interstate Commerce Commission;
19 (3) any device used exclusively for the firing of stud
20 cartridges, explosive rivets or similar industrial
21 ammunition; and
22 (4) an antique firearm (other than a machine-gun)
23 which, although designed as a weapon, the Department of
24 State Police finds by reason of the date of its
25 manufacture, value, design, and other characteristics is
26 primarily a collector's item and is not likely to be used

SB2583- 5 -LRB100 19551 MRW 34819 b
1 as a weapon.
2 "Firearm ammunition" means any self-contained cartridge or
3shotgun shell, by whatever name known, which is designed to be
4used or adaptable to use in a firearm; excluding, however:
5 (1) any ammunition exclusively designed for use with a
6 device used exclusively for signalling or safety and
7 required or recommended by the United States Coast Guard or
8 the Interstate Commerce Commission; and
9 (2) any ammunition designed exclusively for use with a
10 stud or rivet driver or other similar industrial
11 ammunition.
12 "Gun show" means an event or function:
13 (1) at which the sale and transfer of firearms is the
14 regular and normal course of business and where 50 or more
15 firearms are displayed, offered, or exhibited for sale,
16 transfer, or exchange; or
17 (2) at which not less than 10 gun show vendors display,
18 offer, or exhibit for sale, sell, transfer, or exchange
19 firearms.
20 "Gun show" includes the entire premises provided for an
21event or function, including parking areas for the event or
22function, that is sponsored to facilitate the purchase, sale,
23transfer, or exchange of firearms as described in this Section.
24Nothing in this definition shall be construed to exclude a gun
25show held in conjunction with competitive shooting events at
26the World Shooting Complex sanctioned by a national governing

SB2583- 6 -LRB100 19551 MRW 34819 b
1body in which the sale or transfer of firearms is authorized
2under subparagraph (5) of paragraph (g) of subsection (A) of
3Section 24-3 of the Criminal Code of 2012.
4 Unless otherwise expressly stated, "gun show" does not
5include training or safety classes, competitive shooting
6events, such as rifle, shotgun, or handgun matches, trap,
7skeet, or sporting clays shoots, dinners, banquets, raffles, or
8any other event where the sale or transfer of firearms is not
9the primary course of business.
10 "Gun show promoter" means a person who organizes or
11operates a gun show.
12 "Gun show vendor" means a person who exhibits, sells,
13offers for sale, transfers, or exchanges any firearms at a gun
14show, regardless of whether the person arranges with a gun show
15promoter for a fixed location from which to exhibit, sell,
16offer for sale, transfer, or exchange any firearm.
17 "Involuntarily admitted" has the meaning as prescribed in
18Sections 1-119 and 1-119.1 of the Mental Health and
19Developmental Disabilities Code.
20 "Mental health facility" means any licensed private
21hospital or hospital affiliate, institution, or facility, or
22part thereof, and any facility, or part thereof, operated by
23the State or a political subdivision thereof which provide
24treatment of persons with mental illness and includes all
25hospitals, institutions, clinics, evaluation facilities,
26mental health centers, colleges, universities, long-term care

SB2583- 7 -LRB100 19551 MRW 34819 b
1facilities, and nursing homes, or parts thereof, which provide
2treatment of persons with mental illness whether or not the
3primary purpose is to provide treatment of persons with mental
4illness.
5 "National governing body" means a group of persons who
6adopt rules and formulate policy on behalf of a national
7firearm sporting organization.
8 "Patient" means:
9 (1) a person who voluntarily receives mental health
10 treatment as an in-patient or resident of any public or
11 private mental health facility, unless the treatment was
12 solely for an alcohol abuse disorder and no other secondary
13 substance abuse disorder or mental illness; or
14 (2) a person who voluntarily receives mental health
15 treatment as an out-patient or is provided services by a
16 public or private mental health facility, and who poses a
17 clear and present danger to himself, herself, or to others.
18 "Person with a developmental disability" means a person
19with a disability which is attributable to any other condition
20which results in impairment similar to that caused by an
21intellectual disability and which requires services similar to
22those required by persons with intellectual disabilities. The
23disability must originate before the age of 18 years, be
24expected to continue indefinitely, and constitute a
25substantial disability. This disability results, in the
26professional opinion of a physician, clinical psychologist, or

SB2583- 8 -LRB100 19551 MRW 34819 b
1qualified examiner, in significant functional limitations in 3
2or more of the 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 "Person with an intellectual disability" means a person
9with a significantly subaverage general intellectual
10functioning which exists concurrently with impairment in
11adaptive behavior and which originates before the age of 18
12years.
13 "Physician" has the meaning as defined in Section 1-120 of
14the Mental Health and Developmental Disabilities Code.
15 "Qualified examiner" has the meaning provided in Section
161-122 of the Mental Health and Developmental Disabilities Code.
17 "Sanctioned competitive shooting event" means a shooting
18contest officially recognized by a national or state shooting
19sport association, and includes any sight-in or practice
20conducted in conjunction with the event.
21 "School administrator" means the person required to report
22under the School Administrator Reporting of Mental Health Clear
23and Present Danger Determinations Law.
24 "Stun gun or taser" has the meaning ascribed to it in
25Section 24-1 of the Criminal Code of 2012.
26(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143,

SB2583- 9 -LRB100 19551 MRW 34819 b
1eff. 7-27-15; 99-642, eff. 7-28-16.)
2 Section 99. Effective date. This Act takes effect upon
3becoming law.