IL
Illinois House Bill HB2925

Illinois 2023-2024 Regular Session

Illinois House Bill HB2925 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2925 Introduced , by Rep. Dennis Tipsword, Jr. SYNOPSIS AS INTRODUCED: 430 ILCS 65/1.1 Amends the Firearm Owners Identification Card Act. In the definition of "firearm", deletes language excluding any pneumatic gun, spring gun, paint ball gun, or B-B gun which expels a single globular projectile not exceeding .18 inch in diameter or which has a maximum muzzle velocity of less than 700 feet per second. LRB103 27834 RLC 54212 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2925 Introduced , by Rep. Dennis Tipsword, Jr. SYNOPSIS AS INTRODUCED: 430 ILCS 65/1.1 430 ILCS 65/1.1 Amends the Firearm Owners Identification Card Act. In the definition of "firearm", deletes language excluding any pneumatic gun, spring gun, paint ball gun, or B-B gun which expels a single globular projectile not exceeding .18 inch in diameter or which has a maximum muzzle velocity of less than 700 feet per second. LRB103 27834 RLC 54212 b LRB103 27834 RLC 54212 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2925 Introduced , by Rep. Dennis Tipsword, Jr. SYNOPSIS AS INTRODUCED:
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55 Amends the Firearm Owners Identification Card Act. In the definition of "firearm", deletes language excluding any pneumatic gun, spring gun, paint ball gun, or B-B gun which expels a single globular projectile not exceeding .18 inch in diameter or which has a maximum muzzle velocity of less than 700 feet per second.
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1111 1 AN ACT concerning safety.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Firearm Owners Identification Card Act is
1515 5 amended by changing Section 1.1 as follows:
1616 6 (430 ILCS 65/1.1)
1717 7 Sec. 1.1. For purposes of this Act:
1818 8 "Addicted to narcotics" means a person who has been:
1919 9 (1) convicted of an offense involving the use or
2020 10 possession of cannabis, a controlled substance, or
2121 11 methamphetamine within the past year; or
2222 12 (2) determined by the Illinois State Police to be
2323 13 addicted to narcotics based upon federal law or federal
2424 14 guidelines.
2525 15 "Addicted to narcotics" does not include possession or use
2626 16 of a prescribed controlled substance under the direction and
2727 17 authority of a physician or other person authorized to
2828 18 prescribe the controlled substance when the controlled
2929 19 substance is used in the prescribed manner.
3030 20 "Adjudicated as a person with a mental disability" means
3131 21 the person is the subject of a determination by a court, board,
3232 22 commission or other lawful authority that the person, as a
3333 23 result of marked subnormal intelligence, or mental illness,
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3838 430 ILCS 65/1.1 430 ILCS 65/1.1
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4040 Amends the Firearm Owners Identification Card Act. In the definition of "firearm", deletes language excluding any pneumatic gun, spring gun, paint ball gun, or B-B gun which expels a single globular projectile not exceeding .18 inch in diameter or which has a maximum muzzle velocity of less than 700 feet per second.
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6868 1 mental impairment, incompetency, condition, or disease:
6969 2 (1) presents a clear and present danger to himself,
7070 3 herself, or to others;
7171 4 (2) lacks the mental capacity to manage his or her own
7272 5 affairs or is adjudicated a person with a disability as
7373 6 defined in Section 11a-2 of the Probate Act of 1975;
7474 7 (3) is not guilty in a criminal case by reason of
7575 8 insanity, mental disease or defect;
7676 9 (3.5) is guilty but mentally ill, as provided in
7777 10 Section 5-2-6 of the Unified Code of Corrections;
7878 11 (4) is incompetent to stand trial in a criminal case;
7979 12 (5) is not guilty by reason of lack of mental
8080 13 responsibility under Articles 50a and 72b of the Uniform
8181 14 Code of Military Justice, 10 U.S.C. 850a, 876b;
8282 15 (6) is a sexually violent person under subsection (f)
8383 16 of Section 5 of the Sexually Violent Persons Commitment
8484 17 Act;
8585 18 (7) is a sexually dangerous person under the Sexually
8686 19 Dangerous Persons Act;
8787 20 (8) is unfit to stand trial under the Juvenile Court
8888 21 Act of 1987;
8989 22 (9) is not guilty by reason of insanity under the
9090 23 Juvenile Court Act of 1987;
9191 24 (10) is subject to involuntary admission as an
9292 25 inpatient as defined in Section 1-119 of the Mental Health
9393 26 and Developmental Disabilities Code;
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104104 1 (11) is subject to involuntary admission as an
105105 2 outpatient as defined in Section 1-119.1 of the Mental
106106 3 Health and Developmental Disabilities Code;
107107 4 (12) is subject to judicial admission as set forth in
108108 5 Section 4-500 of the Mental Health and Developmental
109109 6 Disabilities Code; or
110110 7 (13) is subject to the provisions of the Interstate
111111 8 Agreements on Sexually Dangerous Persons Act.
112112 9 "Clear and present danger" means a person who:
113113 10 (1) communicates a serious threat of physical violence
114114 11 against a reasonably identifiable victim or poses a clear
115115 12 and imminent risk of serious physical injury to himself,
116116 13 herself, or another person as determined by a physician,
117117 14 clinical psychologist, or qualified examiner; or
118118 15 (2) demonstrates threatening physical or verbal
119119 16 behavior, such as violent, suicidal, or assaultive
120120 17 threats, actions, or other behavior, as determined by a
121121 18 physician, clinical psychologist, qualified examiner,
122122 19 school administrator, or law enforcement official.
123123 20 "Clinical psychologist" has the meaning provided in
124124 21 Section 1-103 of the Mental Health and Developmental
125125 22 Disabilities Code.
126126 23 "Controlled substance" means a controlled substance or
127127 24 controlled substance analog as defined in the Illinois
128128 25 Controlled Substances Act.
129129 26 "Counterfeit" means to copy or imitate, without legal
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140140 1 authority, with intent to deceive.
141141 2 "Developmental disability" means a severe, chronic
142142 3 disability of an individual that:
143143 4 (1) is attributable to a mental or physical impairment
144144 5 or combination of mental and physical impairments;
145145 6 (2) is manifested before the individual attains age
146146 7 22;
147147 8 (3) is likely to continue indefinitely;
148148 9 (4) results in substantial functional limitations in 3
149149 10 or more of the following areas of major life activity:
150150 11 (A) Self-care.
151151 12 (B) Receptive and expressive language.
152152 13 (C) Learning.
153153 14 (D) Mobility.
154154 15 (E) Self-direction.
155155 16 (F) Capacity for independent living.
156156 17 (G) Economic self-sufficiency; and
157157 18 (5) reflects the individual's need for a combination
158158 19 and sequence of special, interdisciplinary, or generic
159159 20 services, individualized supports, or other forms of
160160 21 assistance that are of lifelong or extended duration and
161161 22 are individually planned and coordinated.
162162 23 "Federally licensed firearm dealer" means a person who is
163163 24 licensed as a federal firearms dealer under Section 923 of the
164164 25 federal Gun Control Act of 1968 (18 U.S.C. 923).
165165 26 "Firearm" means any device, by whatever name known, which
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176176 1 is designed to expel a projectile or projectiles by the action
177177 2 of an explosion, expansion of gas or escape of gas; excluding,
178178 3 however:
179179 4 (1) (blank); any pneumatic gun, spring gun, paint ball
180180 5 gun, or B-B gun which expels a single globular projectile
181181 6 not exceeding .18 inch in diameter or which has a maximum
182182 7 muzzle velocity of less than 700 feet per second;
183183 8 (1.1) any pneumatic gun, spring gun, paint ball gun,
184184 9 or B-B gun which expels breakable paint balls containing
185185 10 washable marking colors;
186186 11 (2) any device used exclusively for signaling or
187187 12 safety and required or recommended by the United States
188188 13 Coast Guard or the Interstate Commerce Commission;
189189 14 (3) any device used exclusively for the firing of stud
190190 15 cartridges, explosive rivets or similar industrial
191191 16 ammunition; and
192192 17 (4) an antique firearm (other than a machine-gun)
193193 18 which, although designed as a weapon, the Illinois State
194194 19 Police finds by reason of the date of its manufacture,
195195 20 value, design, and other characteristics is primarily a
196196 21 collector's item and is not likely to be used as a weapon.
197197 22 "Firearm ammunition" means any self-contained cartridge or
198198 23 shotgun shell, by whatever name known, which is designed to be
199199 24 used or adaptable to use in a firearm; excluding, however:
200200 25 (1) any ammunition exclusively designed for use with a
201201 26 device used exclusively for signaling or safety and
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212212 1 required or recommended by the United States Coast Guard
213213 2 or the Interstate Commerce Commission; and
214214 3 (2) any ammunition designed exclusively for use with a
215215 4 stud or rivet driver or other similar industrial
216216 5 ammunition.
217217 6 "Gun show" means an event or function:
218218 7 (1) at which the sale and transfer of firearms is the
219219 8 regular and normal course of business and where 50 or more
220220 9 firearms are displayed, offered, or exhibited for sale,
221221 10 transfer, or exchange; or
222222 11 (2) at which not less than 10 gun show vendors
223223 12 display, offer, or exhibit for sale, sell, transfer, or
224224 13 exchange firearms.
225225 14 "Gun show" includes the entire premises provided for an
226226 15 event or function, including parking areas for the event or
227227 16 function, that is sponsored to facilitate the purchase, sale,
228228 17 transfer, or exchange of firearms as described in this
229229 18 Section. Nothing in this definition shall be construed to
230230 19 exclude a gun show held in conjunction with competitive
231231 20 shooting events at the World Shooting Complex sanctioned by a
232232 21 national governing body in which the sale or transfer of
233233 22 firearms is authorized under subparagraph (5) of paragraph (g)
234234 23 of subsection (A) of Section 24-3 of the Criminal Code of 2012.
235235 24 Unless otherwise expressly stated, "gun show" does not
236236 25 include training or safety classes, competitive shooting
237237 26 events, such as rifle, shotgun, or handgun matches, trap,
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248248 1 skeet, or sporting clays shoots, dinners, banquets, raffles,
249249 2 or any other event where the sale or transfer of firearms is
250250 3 not the primary course of business.
251251 4 "Gun show promoter" means a person who organizes or
252252 5 operates a gun show.
253253 6 "Gun show vendor" means a person who exhibits, sells,
254254 7 offers for sale, transfers, or exchanges any firearms at a gun
255255 8 show, regardless of whether the person arranges with a gun
256256 9 show promoter for a fixed location from which to exhibit,
257257 10 sell, offer for sale, transfer, or exchange any firearm.
258258 11 "Intellectual disability" means significantly subaverage
259259 12 general intellectual functioning, existing concurrently with
260260 13 deficits in adaptive behavior and manifested during the
261261 14 developmental period, which is defined as before the age of
262262 15 22, that adversely affects a child's educational performance.
263263 16 "Involuntarily admitted" has the meaning as prescribed in
264264 17 Sections 1-119 and 1-119.1 of the Mental Health and
265265 18 Developmental Disabilities Code.
266266 19 "Mental health facility" means any licensed private
267267 20 hospital or hospital affiliate, institution, or facility, or
268268 21 part thereof, and any facility, or part thereof, operated by
269269 22 the State or a political subdivision thereof which provides
270270 23 treatment of persons with mental illness and includes all
271271 24 hospitals, institutions, clinics, evaluation facilities,
272272 25 mental health centers, colleges, universities, long-term care
273273 26 facilities, and nursing homes, or parts thereof, which provide
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284284 1 treatment of persons with mental illness whether or not the
285285 2 primary purpose is to provide treatment of persons with mental
286286 3 illness.
287287 4 "National governing body" means a group of persons who
288288 5 adopt rules and formulate policy on behalf of a national
289289 6 firearm sporting organization.
290290 7 "Noncitizen" means a person who is not a citizen of the
291291 8 United States, but is a person who is a foreign-born person who
292292 9 lives in the United States, has not been naturalized, and is
293293 10 still a citizen of a foreign country.
294294 11 "Patient" means:
295295 12 (1) a person who is admitted as an inpatient or
296296 13 resident of a public or private mental health facility for
297297 14 mental health treatment under Chapter III of the Mental
298298 15 Health and Developmental Disabilities Code as an informal
299299 16 admission, a voluntary admission, a minor admission, an
300300 17 emergency admission, or an involuntary admission, unless
301301 18 the treatment was solely for an alcohol abuse disorder; or
302302 19 (2) a person who voluntarily or involuntarily receives
303303 20 mental health treatment as an out-patient or is otherwise
304304 21 provided services by a public or private mental health
305305 22 facility and who poses a clear and present danger to
306306 23 himself, herself, or others.
307307 24 "Physician" has the meaning as defined in Section 1-120 of
308308 25 the Mental Health and Developmental Disabilities Code.
309309 26 "Protective order" means any orders of protection issued
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320320 1 under the Illinois Domestic Violence Act of 1986, stalking no
321321 2 contact orders issued under the Stalking No Contact Order Act,
322322 3 civil no contact orders issued under the Civil No Contact
323323 4 Order Act, and firearms restraining orders issued under the
324324 5 Firearms Restraining Order Act or a substantially similar
325325 6 order issued by the court of another state, tribe, or United
326326 7 States territory or military tribunal.
327327 8 "Qualified examiner" has the meaning provided in Section
328328 9 1-122 of the Mental Health and Developmental Disabilities
329329 10 Code.
330330 11 "Sanctioned competitive shooting event" means a shooting
331331 12 contest officially recognized by a national or state shooting
332332 13 sport association, and includes any sight-in or practice
333333 14 conducted in conjunction with the event.
334334 15 "School administrator" means the person required to report
335335 16 under the School Administrator Reporting of Mental Health
336336 17 Clear and Present Danger Determinations Law.
337337 18 "Stun gun or taser" has the meaning ascribed to it in
338338 19 Section 24-1 of the Criminal Code of 2012.
339339 20 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
340340 21 102-813, eff. 5-13-22; 102-890, eff. 5-19-22; 102-972, eff.
341341 22 1-1-23; 102-1030, eff. 5-27-22; revised 12-14-22.)
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