Bill Text: IL SB1285 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 2012 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. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2015-01-13 - Session Sine Die [SB1285 Detail]

Download: Illinois-2013-SB1285-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 SB1285 Introduced 2/5/2013, by Sen. Gary Forby SYNOPSIS AS INTRODUCED:
720 ILCS 5/24-9
Amends the Criminal Code of 2012 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. Effective immediately.
LRB098 05503 RLC 35538 b
HOME RULE NOTE ACT MAY APPLY
A BILL FOR
SB1285 LRB098 05503 RLC 35538 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. 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.

SB1285 - 2 - LRB098 05503 RLC 35538 b
(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.
(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.
(e) The regulation of the storage of firearms under this
Section is an exclusive power and function of the State. A unit
of local government, including a home rule unit, may not
regulate the storage of firearms. This subsection (e) is a
denial and limitation of home rule powers and functions under
subsection (h) of Section 6 of Article VII of the Illinois
Constitution.
(Source: P.A. 91-18, eff. 1-1-00.)
Section 99. Effective date. This Act takes effect upon
becoming law.