HB2254 101ST GENERAL ASSEMBLY

LRB101 08717 LNS 53804 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2254

Introduced , by Rep. Kathleen Willis

SYNOPSIS AS INTRODUCED:

New Act
720 ILCS 5/24-9

Creates the Safe Gun Storage Act. Provides that a firearm owner shall not store or keep any firearm in any premises unless the firearm is secured in a locked container, properly engaged so as to render the firearm inaccessible or unusable to any person other than the owner or other lawfully authorized user. Provides that if the firearm is carried by or under the control of the owner or other lawfully authorized user, then the firearm is deemed lawfully stored or kept. Provides that a violation is subject to a civil penalty not to exceed $500. Provides that a violation is subject to a civil penalty not to exceed $1,000 if any person knows or reasonably should know that a minor, an at-risk person, or a prohibited person is likely to gain access to a firearm belonging to or under the control of that person and a minor, an at-risk person, or a prohibited person obtains the firearm. Provides that a violation is subject to a civil penalty not to exceed $10,000 if a minor, an at-risk person, or a prohibited person obtains a firearm and uses it to injure or cause the death of a person or uses the firearm in connection with a crime. Provides that any money received from the collection of a civil penalty shall be deposited in the Mental Health Fund. Makes corresponding changes in the Criminal Code of 2012.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Safe Gun Storage Act.

Section 5. Storage of firearms. A firearm owner shall not store or keep any firearm in any premises unless the firearm is secured in a locked container, properly engaged so as to render the firearm inaccessible or unusable to any person other than the owner or other lawfully authorized user. If the firearm is carried by or under the control of the owner or other lawfully authorized user, then the firearm is deemed lawfully stored or kept.

Section 10. Penalties; violations.

(a) A violation of Section 5 constitutes a civil infraction subject to a civil penalty not to exceed $500.

(b) A violation of Section 5 constitutes a civil infraction subject to a civil penalty not to exceed $1,000 if any person knows or reasonably should know that a minor, an at-risk person, or a prohibited person is likely to gain access to a firearm belonging to or under the control of that person, and a minor, an at-risk person, or a prohibited person obtains the firearm.

For purposes of this Act, "at-risk person" means someone who has made statements or exhibited behavior that indicates to a reasonable person there is a likelihood that the person is at risk of attempting suicide or causing physical harm to oneself or others.

(c) A violation of Section 5 constitutes a civil infraction subject to a civil penalty not to exceed $10,000 if a minor, an at-risk person, or a prohibited person obtains a firearm and uses it to injure or cause the death of a person or uses the firearm in connection with a crime.

(d) The court may provide for the performance of community restitution in lieu of the civil penalties imposed under this Section if good cause is shown.

(e) Nothing in this Section is construed to preclude civil liabilities.

(f) A violation is prima facie evidence of negligence per se in any civil proceeding if a minor, an at-risk person, or a prohibited person obtains a firearm and causes personal injury to the death of oneself or another or uses the firearm in connection with a crime.

(g) An action to collect a civil penalty under this Act may be brought by the Attorney General or the State's Attorney of the county in which the violation occurred. Any money received from the collection of a civil penalty shall be deposited in the Mental Health Fund.

Section 15. The Criminal Code of 2012 is amended by changing Section 24-9 as follows:

(720 ILCS 5/24-9)

Sec. 24-9. Firearms; Child Protection.

(a) Except as provided in subsection (c), it is unlawful for any person to store or leave, within premises under his or her control, a firearm if the person knows or has reason to believe that a minor under the age of 14 years who does not have a Firearm Owners Identification Card is likely to gain access to the firearm without the lawful permission of the minor's parent, guardian, or person having charge of the minor, and the minor causes death or great bodily harm with the firearm, unless the firearm is:

(1) secured by a device or mechanism, other than the firearm safety, designed to render a firearm temporarily inoperable; or

(2) placed in a securely locked box or container; or

(3) placed in some other location that a reasonable person would believe to be secure from a minor under the age of 14 years.

(b) Sentence. A person who violates this Section is guilty of a Class C misdemeanor and shall be fined not less than $1,000. A second or subsequent violation of this Section is a Class A misdemeanor. A person who violates this Section also commits a civil infraction under the Safe Gun Storage Act and may be subject to a civil penalty under Section 10 of that Act.

(c) Subsection (a) does not apply:

(1) if the minor under 14 years of age gains access to a firearm and uses it in a lawful act of self-defense or defense of another; or

(2) to any firearm obtained by a minor under the age of 14 because of an unlawful entry of the premises by the minor or another person.

(d) For the purposes of this Section, "firearm" has the meaning ascribed to it in Section 1.1 of the Firearm Owners Identification Card Act.

(Source: P.A. 91-18, eff. 1-1-00.)