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Sen. Laura Ellman
Filed: 5/24/2024
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| 1 | | AMENDMENT TO SENATE BILL 3527
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| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3527 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 1. Short title. This Act may be cited as the Safe |
| 5 | | Gun Storage Act.
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| 6 | | Section 5. Storage of firearms. A firearm owner shall not |
| 7 | | store or keep any firearm in any premises where the firearm |
| 8 | | owner knows or reasonably should know a minor without the |
| 9 | | lawful permission of the minor's parent, guardian, or person |
| 10 | | having charge of the minor, an at-risk person, or a prohibited |
| 11 | | person is likely to gain access to the firearm unless the |
| 12 | | firearm is secured in a locked container, properly engaged so |
| 13 | | as to render the firearm inaccessible or unusable to any |
| 14 | | person other than the owner or other lawfully authorized user. |
| 15 | | If the firearm is carried by or under the control of the owner |
| 16 | | or other lawfully authorized user, then the firearm is deemed |
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| 1 | | lawfully stored or kept.
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| 2 | | Section 10. Penalties; violations. |
| 3 | | (a) In this Act: |
| 4 | | "At-risk person" means a person who has made statements or |
| 5 | | exhibited behavior that indicates to a reasonable person there |
| 6 | | is a likelihood that the person is at risk of attempting |
| 7 | | suicide or causing physical harm to oneself or others. |
| 8 | | "Minor" means a person under 18 years of age; however, |
| 9 | | "minor" does not include a member of the United States Armed |
| 10 | | Forces or the Illinois National Guard. |
| 11 | | "Premises" includes any land, building, structure, |
| 12 | | vehicle, or place directly or indirectly under the control of |
| 13 | | the firearm owner. |
| 14 | | "Prohibited person" means a person ineligible under |
| 15 | | federal or State law to possess a firearm. |
| 16 | | (b)(1) Except as otherwise provided in paragraphs (2) and |
| 17 | | (3) of this subsection (b), a violation of Section 5 is subject |
| 18 | | to a civil penalty not to exceed $500. |
| 19 | | (2) If any person knows or reasonably should know that a |
| 20 | | minor, an at-risk person, or a prohibited person is likely to |
| 21 | | gain access to a firearm belonging to or under the control of |
| 22 | | that person, and a minor, an at-risk person, or a prohibited |
| 23 | | person obtains the firearm, the civil penalty shall not exceed |
| 24 | | $1,000. |
| 25 | | (3) If a minor, an at-risk person, or a prohibited person |
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| 1 | | obtains a firearm and uses it to injure or cause the death of a |
| 2 | | person or uses the firearm in connection with a crime, the |
| 3 | | civil penalty shall not exceed $10,000. |
| 4 | | (c) The court may order a person who is found in violation |
| 5 | | of Section 5 to perform community service or pay restitution |
| 6 | | in lieu of the civil penalties imposed under this Section if |
| 7 | | good cause is shown. |
| 8 | | (d) Nothing in this Act shall be construed to preclude |
| 9 | | civil liabilities for violations of this Act. |
| 10 | | (e) A violation of this Act is prima facie evidence of |
| 11 | | negligence per se in any civil proceeding if a minor, an |
| 12 | | at-risk person, or a prohibited person obtains a firearm and |
| 13 | | causes personal injury or the death of oneself or another or |
| 14 | | uses the firearm in the commission of a crime. |
| 15 | | (f) An action to collect a civil penalty under this Act may |
| 16 | | be brought by the Attorney General or the State's Attorney of |
| 17 | | the county in which the violation occurred. Any money received |
| 18 | | from the collection of a civil penalty under this Act shall be |
| 19 | | deposited in the Mental Health Fund.
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| 20 | | Section 90. The Criminal Code of 2012 is amended by |
| 21 | | changing Section 24-9 as follows:
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| 22 | | (720 ILCS 5/24-9) |
| 23 | | Sec. 24-9. Firearms; Child Protection. |
| 24 | | (a) Except as provided in subsection (c), it is unlawful |
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| 1 | | for any person to store or leave, within premises under his or |
| 2 | | her control, a firearm if the person knows or reasonably |
| 3 | | should know has reason to believe that a minor under the age of |
| 4 | | 18 14 years who does not have a Firearm Owners Identification |
| 5 | | Card is likely to gain access to the firearm without the lawful |
| 6 | | permission of the minor's parent, guardian, or person having |
| 7 | | charge of the minor, and the minor causes death or great bodily |
| 8 | | harm with the firearm, unless the firearm is: |
| 9 | | (1) secured by a device or mechanism, other than the |
| 10 | | firearm safety, designed to render a firearm temporarily |
| 11 | | inoperable; or |
| 12 | | (2) placed in a securely locked box or container. ; or |
| 13 | | (3) placed in some other location that a reasonable |
| 14 | | person would believe to be secure from a minor under the |
| 15 | | age of 14 years. |
| 16 | | (b) Sentence. A person who violates this Section is guilty |
| 17 | | of a Class C misdemeanor and shall be fined not less than |
| 18 | | $1,000. A second or subsequent violation of this Section is a |
| 19 | | Class A misdemeanor. |
| 20 | | (c) Subsection (a) does not apply: |
| 21 | | (1) if the minor under 18 14 years of age gains access |
| 22 | | to a firearm and uses it in a lawful act of self-defense or |
| 23 | | defense of another; or |
| 24 | | (2) to any firearm obtained by a minor under the age of |
| 25 | | 18 14 because of an unlawful entry of the premises by the |
| 26 | | minor or another person. |