Bill Text: IL SB3711 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 2012. Provides that it is unlawful for a person to store or keep any firearm that has moved in, or that has otherwise affected, interstate or foreign commerce on the premises of a residence under the control of the person if the person knows, or reasonably should know, that: (1) a minor is likely to gain access to the firearm without the permission of the parent or guardian of the minor; or (2) a resident of the residence is ineligible to possess a firearm under federal, State, or local law. Provides exemptions for safe storage of the firearm. Provides that a person who commits a violation is guilty of a petty offense and shall be fined $500 per violation. Provides that if a person violates this provision and a minor or a resident who is ineligible to possess a firearm under federal, State, or local law obtains the firearm and causes injury or death to the minor, resident, or any other individual, the person is guilty of a Class 2 felony. Provides that any firearm stored in violation of this provision is subject to seizure and forfeiture. Repeals provisions relating to child protection.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB3711 Detail]

Download: Illinois-2019-SB3711-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB3711 Introduced 2/14/2020, by Sen. Laura Ellman SYNOPSIS AS INTRODUCED:
720 ILCS 5/24-9.1 new
720 ILCS 5/24-9 rep.
Amends the Criminal Code of 2012. Provides that it is unlawful for a person to store or keep any firearm that has moved in, or that has otherwise affected, interstate or foreign commerce on the premises of a residence under the control of the person if the person knows, or reasonably should know, that: (1) a minor is likely to gain access to the firearm without the permission of the parent or guardian of the minor; or (2) a resident of the residence is ineligible to possess a firearm under federal, State, or local law. Provides exemptions for safe storage of the firearm. Provides that a person who commits a violation is guilty of a petty offense and shall be fined $500 per violation. Provides that if a person violates this provision and a minor or a resident who is ineligible to possess a firearm under federal, State, or local law obtains the firearm and causes injury or death to the minor, resident, or any other individual, the person is guilty of a Class 2 felony. Provides that any firearm stored in violation of this provision is subject to seizure and forfeiture. Repeals provisions relating to child protection.
LRB101 20203 RLC 69743 b
CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
SB3711 LRB101 20203 RLC 69743 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. This Act may be referred to as Ethan's Law.
Section 5. The Criminal Code of 2012 is amended by adding
Section 24-9.1 as follows:
(720 ILCS 5/24-9.1 new)
Sec. 24-9.1. Secure firearm storage by owners.
(a) Except as provided in subsection (b), it is unlawful
for a person to store or keep any firearm that has moved in, or
that has otherwise affected, interstate or foreign commerce on
the premises of a residence under the control of the person if
the person knows, or reasonably should know, that:
(1) a minor is likely to gain access to the firearm
without the permission of the parent or guardian of the
minor; or
(2) a resident of the residence is ineligible to
possess a firearm under federal, State, or local law.
(b) This Section does not apply to a person if the person:
(1) keeps the firearm:
(A) secure using a secure gun storage or safety
device; or

SB3711 - 2 - LRB101 20203 RLC 69743 b
(B) in a location that a reasonable person would
believe to be secure; or
(2) carries the firearms on his or her person or within
such close proximity thereto that the person can readily
retrieve and use the firearm as if the person carried the
firearm on his or her person.
(c) Any person who violates subsection (a) is guilty of a
petty offense and shall be fined $500 per violation. If a
person violates subsection (a) and a minor or a resident who is
ineligible to possess a firearm under federal, State, or local
law obtains the firearm and causes injury or death to the
minor, resident, or any other individual, the person is guilty
of a Class 2 felony.
(d) Any firearm stored in violation of subsection (a) is
subject to seizure and forfeiture.
(720 ILCS 5/24-9 rep.)
Section 10. The Criminal Code of 2012 is amended by
repealing Section 24-9.