Sen. Antonio Muñoz
Filed: 2/28/2013
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| 1 | AMENDMENT TO SENATE BILL 1935
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| 2 | AMENDMENT NO. ______. Amend Senate Bill 1935 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 4 | "Section 5. The Criminal Code of 2012 is amended by | ||||||
| 5 | changing 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; Ownership | ||||||
| 8 | Requirements.
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| 9 | (a) Except as provided in
subsection (c), it is unlawful
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| 10 | for any person to
store or leave, within premises under his or | ||||||
| 11 | her control, a firearm if
the
person knows or has reason to | ||||||
| 12 | believe that a minor under the age of 14
years who does not | ||||||
| 13 | have a Firearm Owners Identification Card is likely to gain
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| 14 | access to the firearm without the lawful permission
of the | ||||||
| 15 | minor's parent, guardian, or person having charge of the minor, | ||||||
| 16 | and
the minor causes death or great bodily harm with the | ||||||
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| 1 | firearm, unless
the firearm is:
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| 2 | (1) secured by a device or mechanism, other than the | ||||||
| 3 | firearm safety,
designed to render a firearm temporarily | ||||||
| 4 | inoperable; or
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| 5 | (2) placed in a securely locked box or container; or
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| 6 | (3) placed in some other location that a reasonable | ||||||
| 7 | person would
believe to be secure from a minor under the | ||||||
| 8 | age of 14 years.
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| 9 | (a-5) It is unlawful for any person to store or leave, | ||||||
| 10 | within premises under his or her control, a firearm if the | ||||||
| 11 | person knows or has reason to know that a person who is | ||||||
| 12 | otherwise prohibited from obtaining a Firearm Owner's | ||||||
| 13 | Identification Card is likely to gain access to the firearm, | ||||||
| 14 | unless the firearm is: | ||||||
| 15 | (1) secured by a device or mechanism, other than the | ||||||
| 16 | firearm safety, designed to render a firearm temporarily | ||||||
| 17 | inoperable; | ||||||
| 18 | (2) placed in a securely locked box or container; or | ||||||
| 19 | (3) placed in some other location that a reasonable | ||||||
| 20 | person would believe to be secure from a person. | ||||||
| 21 | (b) Sentence. A first violation of this Section is person | ||||||
| 22 | who violates this Section is guilty of a Class C
misdemeanor | ||||||
| 23 | and the person shall be fined not less than $1,000. A second or | ||||||
| 24 | subsequent
violation of this Section is a Class A misdemeanor.
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| 25 | (c) Subsection (a) and (a-5) do does not apply:
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| 26 | (1) if the minor or prohibited person under 14 years of | ||||||
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| 1 | age gains access to a
firearm and uses it in a lawful act | ||||||
| 2 | of self-defense or defense of another; or
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| 3 | (2) to any firearm obtained by a minor or prohibited | ||||||
| 4 | person under the age of 14 because of
an unlawful entry of | ||||||
| 5 | the premises by the minor or another person.
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| 6 | (d) For the purposes of this Section, "firearm" has the | ||||||
| 7 | meaning ascribed
to it in Section 1.1 of the Firearm Owners | ||||||
| 8 | Identification Card Act.
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| 9 | (Source: P.A. 91-18, eff. 1-1-00.)
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| 10 | Section 999. Effective date. This Act takes effect January | ||||||
| 11 | 1, 2014.".
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