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.



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A BILL FOR
 


HB2925LRB103 27834 RLC 54212 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)



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 Illinois 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, 
 
 
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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; 
 
 
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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 
 
 
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1authority, with
intent
to deceive.
2 "Developmental disability" means a severe, chronic 
3disability of an individual that: 
4  (1) is attributable to a mental or physical impairment 
5 or combination of mental and physical impairments; 
6  (2) is manifested before the individual attains age 
7 22; 
8  (3) is likely to continue indefinitely; 
9  (4) results in substantial functional limitations in 3 
10 or more of the following areas of major life activity: 
11   (A) Self-care. 
12   (B) Receptive and expressive language. 
13   (C) Learning. 
14   (D) Mobility. 
15   (E) Self-direction. 
16   (F) Capacity for independent living. 
17   (G) Economic self-sufficiency; and 
18  (5) reflects the individual's need for a combination 
19 and sequence of special, interdisciplinary, or generic 
20 services, individualized supports, or other forms of 
21 assistance that are of lifelong or extended duration and 
22 are individually planned and coordinated.
23 "Federally licensed firearm dealer" means a person who is 
24licensed as a federal firearms dealer under Section 923 of the 
25federal Gun Control Act of 1968 (18 U.S.C. 923).


26 "Firearm" means any device, by
whatever name known, which 
 
 
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1is designed to expel a projectile or projectiles
by the action 
2of an explosion, expansion of gas or escape of gas; excluding,

3however:

4  (1) (blank); any pneumatic gun, spring gun, paint ball 
5 gun, or B-B gun which
expels a single globular projectile 
6 not exceeding .18 inch in
diameter or which has a maximum 
7 muzzle velocity of less than 700 feet
per second;

8  (1.1) any pneumatic gun, spring gun, paint ball gun, 
9 or B-B gun which expels breakable paint balls containing 
10 washable marking colors; 
11  (2) any device used exclusively for signaling or 
12 safety and required or
recommended by the United States 
13 Coast Guard or the Interstate Commerce
Commission;

14  (3) any device used exclusively for the firing of stud 
15 cartridges,
explosive rivets or similar industrial 
16 ammunition; and

17  (4) an antique firearm (other than a machine-gun) 
18 which, although
designed as a weapon, the Illinois State 
19 Police finds by reason of
the date of its manufacture, 
20 value, design, and other characteristics is
primarily a 
21 collector's item and is not likely to be used as a weapon.

22 "Firearm ammunition" means any self-contained cartridge or 
23shotgun
shell, by whatever name known, which is designed to be 
24used or adaptable to
use in a firearm; excluding, however:

25  (1) any ammunition exclusively designed for use with a 
26 device used
exclusively for signaling or safety and 
 
 
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1 required or recommended by the
United States Coast Guard 
2 or the Interstate Commerce Commission; and

3  (2) any ammunition designed exclusively for use with a 
4 stud or rivet
driver or other similar industrial 
5 ammunition.
6 "Gun show" means an event or function:
7  (1) at which the sale and transfer of firearms is the 
8 regular and normal course of business and where 50 or more 
9 firearms are displayed, offered, or exhibited for sale, 
10 transfer, or exchange; or
11  (2) at which not less than 10 gun show vendors 
12 display, offer, or exhibit for sale, sell, transfer, or 
13 exchange firearms.

14 "Gun show" includes the entire premises provided for an 
15event or function, including parking areas for the event or 
16function, that is sponsored to facilitate the purchase, sale, 
17transfer, or exchange of firearms as described in this 
18Section.
Nothing in this definition shall be construed to 
19exclude a gun show held in conjunction with competitive 
20shooting events at the World Shooting Complex sanctioned by a 
21national governing body in which the sale or transfer of 
22firearms is authorized under subparagraph (5) of paragraph (g) 
23of subsection (A) of Section 24-3 of the Criminal Code of 2012. 
24 Unless otherwise expressly stated, "gun show" does not 
25include training or safety classes, competitive shooting 
26events, such as rifle, shotgun, or handgun matches, trap, 
 
 
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1skeet, or sporting clays shoots, dinners, banquets, raffles, 
2or
any other event where the sale or transfer of firearms is 
3not the primary course of business.
4 "Gun show promoter" means a person who organizes or 
5operates a gun show.
6 "Gun show vendor" means a person who exhibits, sells, 
7offers for sale, transfers, or exchanges any firearms at a gun 
8show, regardless of whether the person arranges with a gun 
9show promoter for a fixed location from which to exhibit, 
10sell, offer for sale, transfer, or exchange any firearm.
11 "Intellectual disability" means significantly subaverage 
12general intellectual functioning, existing concurrently with 
13deficits in adaptive behavior and manifested during the 
14developmental period, which is defined as before the age of 
1522, that adversely affects a child's educational performance.
16 "Involuntarily admitted" has the meaning as prescribed in 
17Sections 1-119 and 1-119.1 of the Mental Health and 
18Developmental Disabilities Code. 
19 "Mental health facility" means any licensed private 
20hospital or hospital affiliate, institution, or facility, or 
21part thereof, and any facility, or part thereof, operated by 
22the State or a political subdivision thereof which provides 
23treatment of persons with mental illness and includes all 
24hospitals, institutions, clinics, evaluation facilities, 
25mental health centers, colleges, universities, long-term care 
26facilities, and nursing homes, or parts thereof, which provide 
 
 
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1treatment of persons with mental illness whether or not the 
2primary purpose is to provide treatment of persons with mental 
3illness. 
4 "National governing body" means a group of persons who 
5adopt rules and formulate policy on behalf of a national 
6firearm sporting organization. 
7 "Noncitizen" means a person who is not a citizen of the 
8United States, but is a person who is a foreign-born person who 
9lives in the United States, has not been naturalized, and is 
10still a citizen of a foreign country. 
11 "Patient" means: 
12  (1) a person who is admitted as an inpatient or 
13 resident of a public or private mental health facility for 
14 mental health treatment under Chapter III of the Mental 
15 Health and Developmental Disabilities Code as an informal 
16 admission, a voluntary admission, a minor admission, an 
17 emergency admission, or an involuntary admission, unless 
18 the treatment was solely for an alcohol abuse disorder; or 
19  (2) a person who voluntarily or involuntarily receives 
20 mental health treatment as an out-patient or is otherwise 
21 provided services by a public or private mental health 
22 facility and who poses a clear and present danger to 
23 himself, herself, or others. 
24 "Physician" has the meaning as defined in Section 1-120 of 
25the Mental Health and Developmental Disabilities Code.
26 "Protective order" means any orders of protection issued 
 
 
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1under the Illinois Domestic Violence Act of 1986, stalking no 
2contact orders issued under the Stalking No Contact Order Act, 
3civil no contact orders issued under the Civil No Contact 
4Order Act, and firearms restraining orders issued under the 
5Firearms Restraining Order Act or a substantially similar 
6order issued by the court of another state, tribe, or United 
7States territory or military tribunal.
8 "Qualified examiner" has the meaning provided in Section 
91-122 of the Mental Health and Developmental Disabilities 
10Code.
11 "Sanctioned competitive shooting event" means a shooting 
12contest officially recognized by a national or state shooting 
13sport association, and includes any sight-in or practice 
14conducted in conjunction with the event.


15 "School administrator" means the person required to report 
16under the School Administrator Reporting of Mental Health 
17Clear and Present Danger Determinations Law.
18 "Stun gun or taser" has the meaning ascribed to it in 
19Section 24-1 of the Criminal Code of 2012.
20(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
21102-813, eff. 5-13-22; 102-890, eff. 5-19-22; 102-972, eff. 
221-1-23; 102-1030, eff. 5-27-22; revised 12-14-22.)