102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4839
 
Introduced 1/27/2022, by Rep. Maura Hirschauer
 
SYNOPSIS AS INTRODUCED:
 

 



720 ILCS 5/24-9

     Amends the Criminal Code of 2012.  Provides that 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 18 (rather than 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.  Eliminates exception if the firearm is placed in some other location that a reasonable person would
believe to be secure from a minor.
  


LRB102 25203 RLC 34471 b

 
 
A BILL FOR
 

  
HB4839LRB102 25203 RLC 34471 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 2012 is amended  by 
5changing Section 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 18 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 
15minor, and
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) (blank). placed in some other location that a 
22    reasonable person would
believe to be secure from a minor 
23    under the age of 14 years.

 
 
HB4839- 2 -LRB102 25203 RLC 34471 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 18 14 years of age gains access 
7    to 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    18 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(Source: P.A. 91-18, eff. 1-1-00.)