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
 

  
SB3711LRB101 20203 RLC 69743 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 1. This Act may be referred to as Ethan's Law. 
 
5    Section 5. The Criminal Code of 2012 is amended  by adding 
6Section 24-9.1 as follows:
 
7    (720 ILCS 5/24-9.1 new)
8    Sec. 24-9.1. Secure firearm storage by owners.
9    (a)  Except as provided in subsection (b), it is unlawful 
10for a person to store or keep any firearm that has moved in, or 
11that has otherwise affected, interstate or foreign commerce on 
12the premises of a residence under the control of the person if 
13the person knows, or reasonably should know, that:
14        (1) a minor is likely to gain access to the firearm 
15    without the permission of the parent or guardian of the 
16    minor; or
17        (2) a resident of the residence is ineligible to 
18    possess a firearm under federal, State, or local law.
19    (b) This Section does not apply to a person if the person:
20        (1) keeps the firearm:
21            (A) secure using a secure gun storage or safety 
22        device; or
 
 
SB3711- 2 -LRB101 20203 RLC 69743 b

1            (B) in a location that a reasonable person would 
2        believe to be secure; or
3        (2) carries the firearms on his or her person or within 
4    such close proximity thereto that the person can readily 
5    retrieve and use the firearm as if the person carried the 
6    firearm on his or her person.
7    (c) Any person who violates subsection (a) is guilty of a 
8petty offense and shall  be fined $500 per violation.
  If a 
9person violates subsection (a) and a minor or a resident who is 
10ineligible to possess a firearm under federal, State, or local 
11law obtains the firearm and causes injury or death to the 
12minor, resident, or any other individual, the person is guilty 
13of  a Class 2 felony.
14    (d) Any firearm stored in violation of subsection (a) is 
15subject to seizure and forfeiture. 
  
 
16    (720 ILCS 5/24-9 rep.)
17    Section 10. The Criminal Code of 2012 is amended  by 
18repealing Section 24-9.