Bill Text: IL HB4063 | 2011-2012 | 97th General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Firearm Owners Identification Card Act. Excludes from the definition of "firearm", 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 (rather than and) which has a maximum muzzle velocity of less than 700 feet per second. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Passed) 2012-07-13 - Public Act . . . . . . . . . 97-0776 [HB4063 Detail]

Download: Illinois-2011-HB4063-Enrolled.html



HB4063 EnrolledLRB097 14944 RLC 59976 b
1 AN ACT concerning firearms.
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 "Has been adjudicated as a mental defective" means the
9person is the subject of a determination by a court, board,
10commission or other lawful authority that a person, as a result
11of marked subnormal intelligence, or mental illness, mental
12impairment, incompetency, condition, or disease:
13 (1) is a danger to himself, herself, or to others;
14 (2) lacks the mental capacity to manage his or her own
15 affairs;
16 (3) is not guilty in a criminal case by reason of
17 insanity, mental disease or defect;
18 (4) is incompetent to stand trial in a criminal case;
19 (5) is not guilty by reason of lack of mental
20 responsibility pursuant to Articles 50a and 72b of the
21 Uniform Code of Military Justice, 10 U.S.C. 850a, 876b.
22 "Counterfeit" means to copy or imitate, without legal
23authority, with intent to deceive.

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1 "Federally licensed firearm dealer" means a person who is
2licensed as a federal firearms dealer under Section 923 of the
3federal Gun Control Act of 1968 (18 U.S.C. 923).
4 "Firearm" means any device, by whatever name known, which
5is designed to expel a projectile or projectiles by the action
6of an explosion, expansion of gas or escape of gas; excluding,
7however:
8 (1) any pneumatic gun, spring gun, paint ball gun, or
9 B-B gun which either expels a single globular projectile
10 not exceeding .18 inch in diameter or and which has a
11 maximum muzzle velocity of less than 700 feet per second or
12 breakable paint balls containing washable marking colors;
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

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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.
24 "Gun show" does not include training or safety classes,
25competitive shooting events, such as rifle, shotgun, or handgun
26matches, trap, skeet, or sporting clays shoots, dinners,

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1banquets, raffles, or any other event where the sale or
2transfer of firearms is not the primary course of business.
3 "Gun show promoter" means a person who organizes or
4operates a gun show.
5 "Gun show vendor" means a person who exhibits, sells,
6offers for sale, transfers, or exchanges any firearms at a gun
7show, regardless of whether the person arranges with a gun show
8promoter for a fixed location from which to exhibit, sell,
9offer for sale, transfer, or exchange any firearm.
10 "Sanctioned competitive shooting event" means a shooting
11contest officially recognized by a national or state shooting
12sport association, and includes any sight-in or practice
13conducted in conjunction with the event.
14 "Stun gun or taser" has the meaning ascribed to it in
15Section 24-1 of the Criminal Code of 1961.
16(Source: P.A. 94-6, eff. 1-1-06; 94-353, eff. 7-29-05; 95-331,
17eff. 8-21-07; 95-581, eff. 6-1-08.)
18 Section 99. Effective date. This Act takes effect upon
19becoming law.
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