HB2045 97TH GENERAL ASSEMBLY

  
  

 


 
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB2045

 

Introduced , by Rep. Wayne Rosenthal

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/24-9

    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.


LRB097 05967 RLC 46037 b

HOME RULE NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2045LRB097 05967 RLC 46037 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 1961 is amended by changing
5Section 24-9 as follows:
 
6    (720 ILCS 5/24-9)
7    Sec. 24-9. Firearms; Child Protection.
8    (a) Except as provided in subsection (c), it is unlawful
9for any person to store or leave, within premises under his or
10her control, a firearm if the person knows or has reason to
11believe that a minor under the age of 14 years who does not
12have a Firearm Owners Identification Card is likely to gain
13access to the firearm without the lawful permission of the
14minor's parent, guardian, or person having charge of the minor,
15and the minor causes death or great bodily harm with the
16firearm, unless the firearm is:
17        (1) secured by a device or mechanism, other than the
18    firearm safety, designed to render a firearm temporarily
19    inoperable; or
20        (2) placed in a securely locked box or container; or
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.

 

 

HB2045- 2 -LRB097 05967 RLC 46037 b

1    (b) Sentence. A person who violates this Section is guilty
2of a Class C misdemeanor and shall be fined not less than
3$1,000. A second or subsequent violation of this Section is a
4Class A misdemeanor.
5    (c) Subsection (a) does not apply:
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
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.
12    (d) For the purposes of this Section, "firearm" has the
13meaning ascribed to it in Section 1.1 of the Firearm Owners
14Identification Card Act.
15    (e) The regulation of the storage of firearms under this
16Section is an exclusive power and function of the State. A unit
17of local government, including a home rule unit, may not
18regulate the storage of firearms. This subsection (e) is a
19denial and limitation of home rule powers and functions under
20subsection (h) of Section 6 of Article VII of the Illinois
21Constitution.
22(Source: P.A. 91-18, eff. 1-1-00.)