101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2254
 
Introduced , by Rep. Kathleen Willis
 
SYNOPSIS AS INTRODUCED:



  
New Act
720 ILCS 5/24-9

 Creates the Safe Gun Storage Act. Provides that a firearm owner shall not store or keep any firearm in any premises unless the firearm is secured in a locked container, properly engaged so as to render the firearm inaccessible or unusable to any person other than the owner or other lawfully authorized user. Provides that if the firearm is carried by or under the control of the owner or other lawfully authorized user, then the firearm is deemed lawfully stored or kept. Provides that a violation is subject to a civil penalty not to exceed $500. Provides that a violation is subject to a civil penalty not to exceed $1,000 if any person knows or reasonably should know that a minor, an at-risk person, or a prohibited person is likely to gain access to a firearm belonging to or under the control of that person and a minor, an at-risk person, or a prohibited person obtains the firearm. Provides that a violation is subject to a civil penalty not to exceed $10,000 if a minor, an at-risk person, or a prohibited person obtains a firearm and uses it to injure or cause the death of a person or uses the firearm in connection with a crime. Provides that any money received from the collection of a civil penalty shall be deposited in the Mental Health Fund. Makes corresponding changes in the Criminal Code of 2012.



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A BILL FOR
 


HB2254LRB101 08717 LNS 53804 b



1 AN ACT concerning civil law.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



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 unless the firearm is 
8secured in a locked container, properly engaged so as to render 
9the firearm inaccessible or unusable to any person other than 
10the owner or other lawfully authorized user. If the firearm is 
11carried by or under the control of the owner or other lawfully 
12authorized user, then the firearm is deemed lawfully stored or 
13kept.

14 Section 10. Penalties; violations.
15 (a) A violation of Section 5 constitutes a civil infraction 
16subject to a civil penalty not to exceed $500.
17 (b) A violation of Section 5 constitutes a civil infraction 
18subject to a civil penalty not to exceed $1,000 if any person 
19knows or reasonably should know that a minor, an at-risk 
20person, or a prohibited person is likely to gain access to a 
21firearm belonging to or under the control of that person, and a 
22minor, an at-risk person, or a prohibited person obtains the 
 
 
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1firearm.
2 For purposes of this Act, "at-risk person" means someone 
3who has made statements or exhibited behavior that indicates to 
4a reasonable person there is a likelihood that the person is at 
5risk of attempting suicide or causing physical harm to oneself 
6or others.
7 (c) A violation of Section 5 constitutes a civil infraction 
8subject to a civil penalty not to exceed $10,000 if a minor, an 
9at-risk person, or a prohibited person obtains a firearm and 
10uses it to injure or cause the death of a person or uses the 
11firearm in connection with a crime.
12 (d) The court may provide for the performance of community 
13restitution in lieu of the civil penalties imposed under this 
14Section if good cause is shown.
15 (e) Nothing in this Section is construed to preclude civil 
16liabilities.
17 (f) A violation is prima facie evidence of negligence per 
18se in any civil proceeding if a minor, an at-risk person, or a 
19prohibited person obtains a firearm and causes personal injury 
20to the death of oneself or another or uses the firearm in 
21connection with a crime.
22 (g) An action to collect a civil penalty under this Act may 
23be brought by the Attorney General or the State's Attorney of 
24the county in which the violation occurred. Any money received 
25from the collection of a civil penalty shall be deposited in 
26the Mental Health Fund.

 
 
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1 Section 15. The Criminal Code of 2012 is amended by 
2changing Section 24-9 as follows:




3 (720 ILCS 5/24-9)



4 Sec. 24-9. Firearms; Child Protection. 

5 (a) Except as provided in
subsection (c), it is unlawful

6for any person to
store or leave, within premises under his or 
7her control, a firearm if
the
person knows or has reason to 
8believe that a minor under the age of 14
years who does not 
9have a Firearm Owners Identification Card is likely to gain

10access to the firearm without the lawful permission
of the 
11minor's parent, guardian, or person having charge of the minor, 
12and
the minor causes death or great bodily harm with the 
13firearm, unless
the firearm is:


14  (1) secured by a device or mechanism, other than the 
15 firearm safety,
designed to render a firearm temporarily 
16 inoperable; or


17  (2) placed in a securely locked box or container; or


18  (3) placed in some other location that a reasonable 
19 person would
believe to be secure from a minor under the 
20 age of 14 years.

21 (b) Sentence. A person who violates this Section is guilty 
22of a Class C
misdemeanor and shall be fined not less than 
23$1,000. A second or subsequent
violation of this Section is a 
24Class A misdemeanor. A person who violates this Section also 
 
 
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1commits a civil infraction under the Safe Gun Storage Act and 
2may be subject to a civil penalty under Section 10 of that Act.

3 (c) Subsection (a) does not apply:


4  (1) if the minor under 14 years of age gains access to 
5 a
firearm and uses it in a lawful act of self-defense or 
6 defense of another; or


7  (2) to any firearm obtained by a minor under the age of 
8 14 because of
an unlawful entry of the premises by the 
9 minor or another person.

10 (d) For the purposes of this Section, "firearm" has the 
11meaning ascribed
to it in Section 1.1 of the Firearm Owners 
12Identification Card Act.

13(Source: P.A. 91-18, eff. 1-1-00.)