Bill Text: IL HB0552 | 2021-2022 | 102nd General Assembly | Introduced

---

Bill Title: 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.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2021-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB0552 Detail]

Download: Illinois-2021-HB0552-Introduced.html

---

102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB0552 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.
LRB102 05102 RLC 15122 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB0552 LRB102 05102 RLC 15122 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the Safe
Gun Storage Act.
Section 5. Storage of firearms. 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. 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.
Section 10. Penalties; violations.
(a) A violation of Section 5 constitutes a civil
infraction subject to a civil penalty not to exceed $500.
(b) A violation of Section 5 constitutes a civil
infraction 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

HB0552 - 2 - LRB102 05102 RLC 15122 b
obtains the firearm.
For purposes of this Act, "at-risk person" means someone
who has made statements or exhibited behavior that indicates
to a reasonable person there is a likelihood that the person is
at risk of attempting suicide or causing physical harm to
oneself or others.
(c) A violation of Section 5 constitutes a civil
infraction 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.
(d) The court may provide for the performance of community
restitution in lieu of the civil penalties imposed under this
Section if good cause is shown.
(e) Nothing in this Section is construed to preclude civil
liabilities.
(f) A violation is prima facie evidence of negligence per
se in any civil proceeding if a minor, an at-risk person, or a
prohibited person obtains a firearm and causes personal injury
to the death of oneself or another or uses the firearm in
connection with a crime.
(g) An action to collect a civil penalty under this Act may
be brought by the Attorney General or the State's Attorney of
the county in which the violation occurred. Any money received
from the collection of a civil penalty shall be deposited in
the Mental Health Fund.

HB0552 - 3 - LRB102 05102 RLC 15122 b
Section 15. The Criminal Code of 2012 is amended by
changing Section 24-9 as follows:
(720 ILCS 5/24-9)
Sec. 24-9. Firearms; Child Protection.
(a) Except as provided in subsection (c), it is unlawful
for any person to store or leave, within premises under his or
her control, a firearm if the person knows or has reason to
believe that a minor under the age of 14 years who does not
have a Firearm Owners 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, unless the firearm is:
(1) secured by a device or mechanism, other than the
firearm safety, designed to render a firearm temporarily
inoperable; or
(2) placed in a securely locked box or container; or
(3) placed in some other location that a reasonable
person would believe to be secure from a minor under the
age of 14 years.
(b) Sentence. A person who violates this Section is guilty
of a Class C misdemeanor and shall be fined not less than
$1,000. A second or subsequent violation of this Section is a
Class A misdemeanor. A person who violates this Section also

HB0552 - 4 - LRB102 05102 RLC 15122 b
commits a civil infraction under the Safe Gun Storage Act and
may be subject to a civil penalty under Section 10 of that Act.
(c) Subsection (a) does 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.
(d) For the purposes of this Section, "firearm" has the
meaning ascribed to it in Section 1.1 of the Firearm Owners
Identification Card Act.
(Source: P.A. 91-18, eff. 1-1-00.)