Sen. Laura Ellman

Filed: 5/24/2024

 

 


 

 


 
10300SB3527sam004LRB103 38358 RLC 74059 a

1
AMENDMENT TO SENATE BILL 3527

2    AMENDMENT NO. ______. Amend Senate Bill 3527 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the Safe
5Gun Storage Act.
 
6    Section 5. Storage of firearms. A firearm owner shall not
7store or keep any firearm in any premises where the firearm
8owner knows or reasonably should know a minor without the
9lawful permission of the minor's parent, guardian, or person
10having charge of the minor, an at-risk person, or a prohibited
11person is likely to gain access to the firearm unless the
12firearm is secured in a locked container, properly engaged so
13as to render the firearm inaccessible or unusable to any
14person other than the owner or other lawfully authorized user.
15If the firearm is carried by or under the control of the owner
16or other lawfully authorized user, then the firearm is deemed

 

 

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1lawfully stored or kept.
 
2    Section 10. Penalties; violations.
3    (a) In this Act:
4    "At-risk person" means a person who has made statements or
5exhibited behavior that indicates to a reasonable person there
6is a likelihood that the person is at risk of attempting
7suicide or causing physical harm to oneself or others.
8    "Minor" means a person under 18 years of age; however,
9"minor" does not include a member of the United States Armed
10Forces or the Illinois National Guard.
11    "Premises" includes any land, building, structure,
12vehicle, or place directly or indirectly under the control of
13the firearm owner.
14    "Prohibited person" means a person ineligible under
15federal or State law to possess a firearm.
16    (b)(1) Except as otherwise provided in paragraphs (2) and
17(3) of this subsection (b), a violation of Section 5 is subject
18to a civil penalty not to exceed $500.
19    (2) If any person knows or reasonably should know that a
20minor, an at-risk person, or a prohibited person is likely to
21gain access to a firearm belonging to or under the control of
22that person, and a minor, an at-risk person, or a prohibited
23person obtains the firearm, the civil penalty shall not exceed
24$1,000.
25    (3) If a minor, an at-risk person, or a prohibited person

 

 

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1obtains a firearm and uses it to injure or cause the death of a
2person or uses the firearm in connection with a crime, the
3civil penalty shall not exceed $10,000.
4    (c) The court may order a person who is found in violation
5of Section 5 to perform community service or pay restitution
6in lieu of the civil penalties imposed under this Section if
7good cause is shown.
8    (d) Nothing in this Act shall be construed to preclude
9civil liabilities for violations of this Act.
10    (e) A violation of this Act is prima facie evidence of
11negligence per se in any civil proceeding if a minor, an
12at-risk person, or a prohibited person obtains a firearm and
13causes personal injury or the death of oneself or another or
14uses the firearm in the commission of a crime.
15    (f) An action to collect a civil penalty under this Act may
16be brought by the Attorney General or the State's Attorney of
17the county in which the violation occurred. Any money received
18from the collection of a civil penalty under this Act shall be
19deposited in the Mental Health Fund.
 
20    Section 90. The Criminal Code of 2012 is amended by
21changing Section 24-9 as follows:
 
22    (720 ILCS 5/24-9)
23    Sec. 24-9. Firearms; Child Protection.
24    (a) Except as provided in subsection (c), it is unlawful

 

 

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1for any person to store or leave, within premises under his or
2her control, a firearm if the person knows or reasonably
3should know has reason to believe that a minor under the age of
418 14 years who does not have a Firearm Owners Identification
5Card is likely to gain access to the firearm without the lawful
6permission of the minor's parent, guardian, or person having
7charge of the minor, and the minor causes death or great bodily
8harm with the firearm, unless the firearm is:
9        (1) secured by a device or mechanism, other than the
10    firearm safety, designed to render a firearm temporarily
11    inoperable; or
12        (2) placed in a securely locked box or container. ; or
13        (3) placed in some other location that a reasonable
14    person would believe to be secure from a minor under the
15    age of 14 years.
16    (b) Sentence. A person who violates this Section is guilty
17of a Class C misdemeanor and shall be fined not less than
18$1,000. A second or subsequent violation of this Section is a
19Class A misdemeanor.
20    (c) Subsection (a) does not apply:
21        (1) if the minor under 18 14 years of age gains access
22    to a firearm and uses it in a lawful act of self-defense or
23    defense of another; or
24        (2) to any firearm obtained by a minor under the age of
25    18 14 because of an unlawful entry of the premises by the
26    minor or another person.

 

 

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1    (d) For the purposes of this Section, "firearm" has the
2meaning ascribed to it in Section 1.1 of the Firearm Owners
3Identification Card Act.
4(Source: P.A. 91-18, eff. 1-1-00.)".