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Sen. Antonio Muņoz
Filed: 2/28/2013
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| 1 | | AMENDMENT TO SENATE BILL 1935
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| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1935 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Criminal Code of 2012 is amended by |
| 5 | | changing 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; Ownership |
| 8 | | Requirements.
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| 9 | | (a) Except as provided in
subsection (c), it is unlawful
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| 10 | | for any person to
store or leave, within premises under his or |
| 11 | | her control, a firearm if
the
person knows or has reason to |
| 12 | | believe that a minor under the age of 14
years who does not |
| 13 | | have a Firearm Owners Identification Card is likely to gain
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| 14 | | access to the firearm without the lawful permission
of the |
| 15 | | minor's parent, guardian, or person having charge of the minor, |
| 16 | | and
the minor causes death or great bodily harm with the |
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| 1 | | firearm, unless
the firearm is:
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| 2 | | (1) secured by a device or mechanism, other than the |
| 3 | | firearm safety,
designed to render a firearm temporarily |
| 4 | | inoperable; or
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| 5 | | (2) placed in a securely locked box or container; or
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| 6 | | (3) placed in some other location that a reasonable |
| 7 | | person would
believe to be secure from a minor under the |
| 8 | | age of 14 years.
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| 9 | | (a-5) It is unlawful for any person to store or leave, |
| 10 | | within premises under his or her control, a firearm if the |
| 11 | | person knows or has reason to know that a person who is |
| 12 | | otherwise prohibited from obtaining a Firearm Owner's |
| 13 | | Identification Card is likely to gain access to the firearm, |
| 14 | | unless the firearm is: |
| 15 | | (1) secured by a device or mechanism, other than the |
| 16 | | firearm safety, designed to render a firearm temporarily |
| 17 | | inoperable; |
| 18 | | (2) placed in a securely locked box or container; or |
| 19 | | (3) placed in some other location that a reasonable |
| 20 | | person would believe to be secure from a person. |
| 21 | | (b) Sentence. A first violation of this Section is person |
| 22 | | who violates this Section is guilty of a Class C
misdemeanor |
| 23 | | and the person shall be fined not less than $1,000. A second or |
| 24 | | subsequent
violation of this Section is a Class A misdemeanor.
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| 25 | | (c) Subsection (a) and (a-5) do does not apply:
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| 26 | | (1) if the minor or prohibited person under 14 years of |
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| 1 | | age gains access to a
firearm and uses it in a lawful act |
| 2 | | of self-defense or defense of another; or
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| 3 | | (2) to any firearm obtained by a minor or prohibited |
| 4 | | person under the age of 14 because of
an unlawful entry of |
| 5 | | the premises by the minor or another person.
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| 6 | | (d) For the purposes of this Section, "firearm" has the |
| 7 | | meaning ascribed
to it in Section 1.1 of the Firearm Owners |
| 8 | | Identification Card Act.
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| 9 | | (Source: P.A. 91-18, eff. 1-1-00.)
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| 10 | | Section 999. Effective date. This Act takes effect January |
| 11 | | 1, 2014.".
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