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| 1 | AMENDMENT TO HOUSE BILL 1157
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| 2 | AMENDMENT NO. ______. Amend House Bill 1157, AS AMENDED, by | ||||||
| 3 | inserting the following in its proper numeric sequence:
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| 4 | "Section 315. The Criminal Code of 2012 is amended by | ||||||
| 5 | adding Section 24-9.3 as follows: | ||||||
| 6 | (720 ILCS 5/24-9.3 new) | ||||||
| 7 | Sec. 24-9.3. Prohibited person firearm access violation. | ||||||
| 8 | (a) A person commits prohibited person firearm access when | ||||||
| 9 | he or she stores or leaves, within premises under his or her | ||||||
| 10 | control, a firearm if the person knows or has reason to know | ||||||
| 11 | that a person prohibited from possessing a firearm because of a | ||||||
| 12 | felony conviction, domestic battery conviction, an outstanding | ||||||
| 13 | order of protection or stalking no-contact order against him or | ||||||
| 14 | her, adjudication as a mental defective, having been a patient | ||||||
| 15 | in a mental institution within
the past 5 years, or because he | ||||||
| 16 | or she is otherwise prohibited from obtaining a Firearm Owner's | ||||||
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| 1 | Identification Card is likely to gain access to the firearm, | ||||||
| 2 | and the firearm: | ||||||
| 3 | (1) is not secured by a device or mechanism, other than | ||||||
| 4 | the firearm safety, designed to render a firearm | ||||||
| 5 | temporarily inoperable; | ||||||
| 6 | (2) is not placed in a securely locked box or | ||||||
| 7 | container; or | ||||||
| 8 | (3) is not placed in some other location that a | ||||||
| 9 | reasonable person would believe to be secure from a person. | ||||||
| 10 | (b) This Section does not apply: | ||||||
| 11 | (1) if the prohibited person gains access to a
firearm | ||||||
| 12 | and uses it in a lawful act of self-defense or defense of | ||||||
| 13 | another; | ||||||
| 14 | (2) to any firearm obtained by a prohibited person | ||||||
| 15 | because of
an unlawful entry of the premises by the | ||||||
| 16 | prohibited person or another person; or | ||||||
| 17 | (3) when the firearm is in the immediate possession or | ||||||
| 18 | control of the owner. | ||||||
| 19 | (c) For the purposes of this Section, "firearm" has the | ||||||
| 20 | meaning ascribed
to it in Section 1.1 of the Firearm Owners | ||||||
| 21 | Identification Card Act. | ||||||
| 22 | (d) Sentence. A first violation of this Section is a Class | ||||||
| 23 | C misdemeanor and the person shall be fined not less than | ||||||
| 24 | $1,000. A second or subsequent violation is a Class A | ||||||
| 25 | misdemeanor.".
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