97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB2045
 
Introduced , by Rep. Wayne Rosenthal
 
SYNOPSIS AS INTRODUCED:
 

 



720 ILCS 5/24-9

     Amends the Criminal Code of 1961 relating to the provision concerning a minor under 14 years of age's access to firearms.  Provides that this provision concerning the regulation of the storage of firearms is an
exclusive power and function of the State.  Provides that a unit of local government,
including a home rule unit, may not regulate the storage of firearms.  
  


LRB097 05967 RLC 46037 b

HOME RULE NOTE ACT MAY APPLY
 
 
A BILL FOR
 

  
HB2045LRB097 05967 RLC 46037 b


  
1    AN ACT concerning criminal law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Criminal Code of 1961 is amended  by changing 
5Section 24-9 as follows:
 



6    (720 ILCS 5/24-9)



7    Sec. 24-9. Firearms; Child Protection. 

8    (a) Except as provided in
subsection (c), it is unlawful

9for any person to
store or leave, within premises under his or 
10her control, a firearm if
the
person knows or has reason to 
11believe that a minor under the age of 14
years who does not 
12have  a Firearm Owners Identification Card is likely to gain

13access to the firearm without the lawful permission
of the 
14minor's parent, guardian, or person having charge of the minor, 
15and
the minor causes death or great bodily harm with the 
16firearm, unless
the firearm is:


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


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


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

 
 
HB2045- 2 -LRB097 05967 RLC 46037 b

1    (b) Sentence.  A person who violates this Section is guilty 
2of a Class C
misdemeanor and shall be fined not less than 
3$1,000.  A second or subsequent
violation of this Section is a 
4Class A misdemeanor.

5    (c) Subsection (a) does not apply:


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


9        (2) to any firearm obtained by a minor under the age of 
10    14 because of
an unlawful entry of the premises by the 
11    minor or another person.

12    (d) For the purposes of this Section, "firearm" has the 
13meaning ascribed
to it in Section 1.1 of the Firearm Owners 
14Identification Card Act.

15    (e) The regulation of the storage of firearms under this 
16Section is an
exclusive power and function of the State.  A unit 
17of local government,
including a home rule unit, may not 
18regulate the storage of firearms.  This
subsection (e) is a 
19denial and limitation of home rule powers and functions
under 
20subsection (h) of Section 6 of Article VII of the Illinois

21Constitution. 
22(Source: P.A. 91-18, eff. 1-1-00.)