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| 1 | AN ACT concerning criminal law.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Criminal Code of 1961 is amended by changing | ||||||
| 5 | Section 24-9 as follows:
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| 6 | (720 ILCS 5/24-9)
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| 7 | Sec. 24-9. Firearms; Child Protection.
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| 8 | (a) Except as provided in
subsection (c), it is unlawful
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| 9 | for any person to
store or leave, within premises under his or | ||||||
| 10 | her control, a firearm if
the
person knows or has reason to | ||||||
| 11 | believe that a minor under the age of 14
years who does not | ||||||
| 12 | have a Firearm Owners Identification Card is likely to gain
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| 13 | access to the firearm without the lawful permission
of the | ||||||
| 14 | minor's parent, guardian, or person having charge of the minor, | ||||||
| 15 | and
the minor causes death or great bodily harm with the | ||||||
| 16 | firearm, unless
the firearm is:
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| 17 | (1) secured by a device or mechanism, other than the | ||||||
| 18 | firearm safety,
designed to render a firearm temporarily | ||||||
| 19 | inoperable; or
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| 20 | (2) placed in a securely locked box or container; or
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| 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.
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| 1 | (b) Sentence. A person who violates this Section is guilty | ||||||
| 2 | of a Class C
misdemeanor and shall be fined not less than | ||||||
| 3 | $1,000. A second or subsequent
violation of this Section is a | ||||||
| 4 | Class A misdemeanor.
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| 5 | (c) Subsection (a) does not apply:
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| 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
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| 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.
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| 12 | (d) For the purposes of this Section, "firearm" has the | ||||||
| 13 | meaning ascribed
to it in Section 1.1 of the Firearm Owners | ||||||
| 14 | Identification Card Act.
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| 15 | (e) The regulation of the storage of firearms under this | ||||||
| 16 | Section is an
exclusive power and function of the State. A unit | ||||||
| 17 | of local government,
including a home rule unit, may not | ||||||
| 18 | regulate the storage of firearms. This
subsection (e) is a | ||||||
| 19 | denial and limitation of home rule powers and functions
under | ||||||
| 20 | subsection (h) of Section 6 of Article VII of the Illinois
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| 21 | Constitution. | ||||||
| 22 | (Source: P.A. 91-18, eff. 1-1-00.)
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