Bill Text: IL HB2254 | 2019-2020 | 101st 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 5-0)

Status: (Introduced) 2020-02-26 - Added Chief Co-Sponsor Rep. Jonathan "Yoni" Pizer [HB2254 Detail]

Download: Illinois-2019-HB2254-Introduced.html


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.)
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