103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3527
 
Introduced 2/9/2024, by Sen. Laura Ellman
 
SYNOPSIS AS INTRODUCED:

720 ILCS 5/24-9
 Amends the Criminal Code of 2012. Provides that it is unlawful for any person to store or leave a firearm outside of that person's immediate possession or control unless the firearm is unloaded and secured in a lock box or container in a manner that renders it inaccessible to anyone but the owner or another lawfully authorized user. Eliminates provisions that the offense only is applicable if the person knows or has reason to believe that a minor under the age of 14 years who does not have a Firearm Owner's Identification Card is likely to gain access to the firearm without the lawful permission of the minor's parent, guardian, or person having charge of the minor, and the minor causes death or great bodily harm with the firearm. Eliminates that the provisions concerning storage of firearms do not apply: (1) if the minor under 14 years of age gains access to a firearm and uses it in a lawful act of self-defense or defense of another; or (2) to any firearm obtained by a minor under the age of 14 because of an unlawful entry of the premises by the minor or another person. Defines "immediate possession or control". Effective January 1, 2025.


LRB103 38358 RLC 68493 b


 
 
A BILL FOR
 
SB3527LRB103 38358 RLC 68493 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 2012 is amended by 
5changing Section 24-9 as follows:

6 (720 ILCS 5/24-9)
7 Sec. 24-9. Firearms; Child Protection. 
8 (a) It Except as provided in subsection (c), it is 
9unlawful for any person to store or leave, within premises 
10under his or her control, a firearm outside of that person's 
11immediate possession or control if the person knows or has 
12reason to believe that a minor under the age of 14 years who 
13does not have a Firearm Owners Identification Card is likely 
14to gain access to the firearm without the lawful permission of 
15the minor's parent, guardian, or person having charge of the 
16minor, and the minor causes death or great bodily harm with the 
17firearm, unless the firearm is unloaded and secured in a lock 
18box or container in a manner that renders it inaccessible to 
19anyone but the owner or another lawfully authorized user. : 
20  (1) secured by a device or mechanism, other than the 
21 firearm safety, designed to render a firearm temporarily 
22 inoperable; or 
23  (2) placed in a securely locked box or container; or 
 
 
SB3527- 2 -LRB103 38358 RLC 68493 b


1  (3) placed in some other location that a reasonable 
2 person would believe to be secure from a minor under the 
3 age of 14 years.
4 (b) Sentence. A person who violates this Section is guilty 
5of a Class C misdemeanor and shall be fined not less than 
6$1,000. A second or subsequent violation of this Section is a 
7Class A misdemeanor.
8 (c) (Blank). Subsection (a) does not apply: 
9  (1) if the minor under 14 years of age gains access to 
10 a firearm and uses it in a lawful act of self-defense or 
11 defense of another; or 
12  (2) to any firearm obtained by a minor under the age of 
13 14 because of an unlawful entry of the premises by the 
14 minor or another person.
15 (d) For the purposes of this Section:
16 "Firearm" , "firearm" has the meaning ascribed to it in 
17Section 1.1 of the Firearm Owners Identification Card Act.
18 "Immediate possession or control" means carried on the 
19person or within close enough proximity thereto that the 
20individual can readily retrieve and use the firearm as if 
21carried on the person. 
22(Source: P.A. 91-18, eff. 1-1-00.)