Bill Text: IL HB2045 | 2011-2012 | 97th General Assembly | Engrossed
Bill Title: Amends the Criminal Code of 1961 relating to the provision concerning a minor under 14 years of age's access to firearms. Provides that this provision concerning the regulation of the storage of firearms is an exclusive power and function of the State. Provides that a unit of local government, including a home rule unit, may not regulate the storage of firearms.
Spectrum: Partisan Bill (Republican 12-0)
Status: (Introduced - Dead) 2011-04-06 - Added Co-Sponsor Rep. Jil Tracy [HB2045 Detail]
Download: Illinois-2011-HB2045-Engrossed.html
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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 1961 is amended by changing | ||||||
5 | 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.
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8 | (a) Except as provided in
subsection (c), it is unlawful
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9 | for any person to
store or leave, within premises under his or | ||||||
10 | her control, a firearm if
the
person knows or has reason to | ||||||
11 | believe that a minor under the age of 14
years who does not | ||||||
12 | have a Firearm Owners Identification Card is likely to gain
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13 | access to the firearm without the lawful permission
of the | ||||||
14 | minor's parent, guardian, or person having charge of the minor, | ||||||
15 | and
the minor causes death or great bodily harm with the | ||||||
16 | firearm, unless
the firearm is:
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17 | (1) secured by a device or mechanism, other than the | ||||||
18 | firearm safety,
designed to render a firearm temporarily | ||||||
19 | inoperable; or
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20 | (2) placed in a securely locked box or container; or
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21 | (3) placed in some other location that a reasonable | ||||||
22 | person would
believe to be secure from a minor under the | ||||||
23 | age of 14 years.
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1 | (b) Sentence. A person who violates this Section is guilty | ||||||
2 | of a Class C
misdemeanor and shall be fined not less than | ||||||
3 | $1,000. A second or subsequent
violation of this Section is a | ||||||
4 | Class A misdemeanor.
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5 | (c) Subsection (a) does not apply:
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6 | (1) if the minor under 14 years of age gains access to | ||||||
7 | a
firearm and uses it in a lawful act of self-defense or | ||||||
8 | defense of another; or
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9 | (2) to any firearm obtained by a minor under the age of | ||||||
10 | 14 because of
an unlawful entry of the premises by the | ||||||
11 | minor or another person.
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12 | (d) For the purposes of this Section, "firearm" has the | ||||||
13 | meaning ascribed
to it in Section 1.1 of the Firearm Owners | ||||||
14 | Identification Card Act.
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15 | (e) The regulation of the storage of firearms under this | ||||||
16 | Section is an
exclusive power and function of the State. A unit | ||||||
17 | of local government,
including a home rule unit, may not | ||||||
18 | regulate the storage of firearms. This
subsection (e) is a | ||||||
19 | denial and limitation of home rule powers and functions
under | ||||||
20 | subsection (h) of Section 6 of Article VII of the Illinois
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21 | Constitution. | ||||||
22 | (Source: P.A. 91-18, eff. 1-1-00.)
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