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1 | AN ACT concerning firearms. | |||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||||
3 | represented in the General Assembly: | |||||||||||||||||||||||
4 | Section 1. Short title. This Act may be cited as the Safe | |||||||||||||||||||||||
5 | Gun Storage Act. | |||||||||||||||||||||||
6 | Section 5. Definitions. In this Act: | |||||||||||||||||||||||
7 | "At-risk person" means a person who has made statements or | |||||||||||||||||||||||
8 | exhibited behavior that indicates to a reasonable person there | |||||||||||||||||||||||
9 | is a likelihood that the person is at risk of attempting | |||||||||||||||||||||||
10 | suicide or causing physical harm to oneself or others. | |||||||||||||||||||||||
11 | "Minor" means a person under 18 years of age. "Minor" does | |||||||||||||||||||||||
12 | not include a member of the Armed Forces of the United States | |||||||||||||||||||||||
13 | or the Illinois National Guard who is under 18 years of age and | |||||||||||||||||||||||
14 | who resides in the household of the owner or possessor of the | |||||||||||||||||||||||
15 | firearm. | |||||||||||||||||||||||
16 | "Prohibited person" means a person ineligible under | |||||||||||||||||||||||
17 | federal or State law to possess a firearm. | |||||||||||||||||||||||
18 | Section 10. Storage of firearms. A firearm owner shall not | |||||||||||||||||||||||
19 | store or keep any firearm in any premises where the firearm | |||||||||||||||||||||||
20 | owner knows or reasonably should know a minor, an at-risk | |||||||||||||||||||||||
21 | person, or a prohibited person is likely to gain access to the | |||||||||||||||||||||||
22 | firearm unless the firearm is secured in a locked container, |
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1 | properly engaged so as to render the firearm inaccessible or | ||||||
2 | unusable to any person other than the owner or other lawfully | ||||||
3 | authorized user. If the firearm is carried by or under the | ||||||
4 | control of the owner or other lawfully authorized user, then | ||||||
5 | the firearm is deemed lawfully stored or kept. | ||||||
6 | Section 15. Penalties; violations. | ||||||
7 | (a)(1) Except as otherwise provided in paragraphs (2) and | ||||||
8 | (3) of this subsection (a), a violation of Section 10 | ||||||
9 | constitutes a civil penalty not to exceed $500. | ||||||
10 | (2) If any person knows or reasonably should know that a | ||||||
11 | minor, an at-risk person, or a prohibited person is likely to | ||||||
12 | gain access to a firearm belonging to or under the control of | ||||||
13 | that person, and a minor, an at-risk person, or a prohibited | ||||||
14 | person obtains the firearm, the civil penalty shall not exceed | ||||||
15 | $1,000. | ||||||
16 | (3) If a minor, an at-risk person, or a prohibited person | ||||||
17 | obtains a firearm and uses it to injure or cause the death of a | ||||||
18 | person or uses the firearm in connection with a crime, the | ||||||
19 | civil penalty shall not exceed $10,000. | ||||||
20 | (b) The court may order a person who is found in violation | ||||||
21 | of Section 10 to perform community service or pay restitution | ||||||
22 | in lieu of the civil penalties imposed under this Section if | ||||||
23 | good cause is shown. | ||||||
24 | (c) Nothing in this Section shall be construed to preclude | ||||||
25 | civil liabilities for violations of this Act. |
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1 | (d) A violation of this Act is prima facie evidence of | ||||||
2 | negligence per se in any civil proceeding if a minor, an | ||||||
3 | at-risk person, or a prohibited person obtains a firearm and | ||||||
4 | causes personal injury to the death of oneself or another or | ||||||
5 | uses the firearm in the commission of a crime. | ||||||
6 | (e) An action to collect a civil penalty under this Act may | ||||||
7 | be brought by the Attorney General or the State's Attorney of | ||||||
8 | the county in which the violation occurred. Any money received | ||||||
9 | from the collection of a civil penalty under this Act shall be | ||||||
10 | deposited in the Mental Health Fund. | ||||||
11 | Section 90. The Illinois Income Tax Act is amended by | ||||||
12 | adding Section 241 as follows: | ||||||
13 | (35 ILCS 5/241 new) | ||||||
14 | Sec. 241. Firearm safety device tax credit. | ||||||
15 | (a) As used in this Section: | ||||||
16 | "Eligible transaction" means a transaction in which a | ||||||
17 | taxpayer purchases one or more firearm safety devices from a | ||||||
18 | dealer that is federally licensed pursuant to 18 U.S.C. 923. | ||||||
19 | "Eligible transaction" includes a transaction that | ||||||
20 | includes the purchase of a firearm. | ||||||
21 | "Firearm" means any handgun, shotgun, rifle, or other | ||||||
22 | firearm that will, is designed to, or may be readily converted | ||||||
23 | to expel single or multiple projectiles by action of an | ||||||
24 | explosion of a combustible material. |
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1 | "Firearm safety device" means a safe, gun safe, gun case, | ||||||
2 | lock box, or other device that is designed to be or can be used | ||||||
3 | to store a firearm and that is designed to be unlocked only by | ||||||
4 | means of a key, a combination, or other similar means. | ||||||
5 | (b) For taxable years that begin on and after January 1, | ||||||
6 | 2025 and begin before January 1, 2030, a taxpayer who | ||||||
7 | purchases one or more firearm safety devices in an eligible | ||||||
8 | transaction during the taxable year may apply to the | ||||||
9 | Department for a nonrefundable credit against the tax imposed | ||||||
10 | by subsections (a) and (b) of Section 201. The credit shall be | ||||||
11 | in the amount of the cost incurred by the taxpayer for the | ||||||
12 | purchase of the firearm safety device but not to exceed $300 | ||||||
13 | per taxpayer in any taxable year. A taxpayer shall be allowed | ||||||
14 | only one credit under this Section per taxable year. The | ||||||
15 | taxpayer shall apply to the Department in the form and manner | ||||||
16 | required by the Department. The aggregate amount of credits | ||||||
17 | allowable under this Section shall not exceed $5,000,000 in | ||||||
18 | any taxable year. Credits shall be allocated by the Department | ||||||
19 | on a first-come, first-served basis. | ||||||
20 | (c) In no event shall a credit under this Section reduce | ||||||
21 | the taxpayer's liability to less than zero. If the amount of | ||||||
22 | the credit exceeds the tax liability for the year, the excess | ||||||
23 | may be carried forward and applied to the tax liability of the | ||||||
24 | 5 taxable years following the excess credit year. The tax | ||||||
25 | credit shall be applied to the earliest year for which there is | ||||||
26 | a tax liability. If there are credits for more than one year |
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1 | that are available to offset a liability, the earlier credit | ||||||
2 | shall be applied first. | ||||||
3 | (d) The Department shall adopt rules for the | ||||||
4 | administration and implementation of the credit under this | ||||||
5 | Section. | ||||||
6 | Section 95. The Criminal Code of 2012 is amended by | ||||||
7 | changing Section 24-9 as follows: | ||||||
8 | (720 ILCS 5/24-9) | ||||||
9 | Sec. 24-9. Firearms; Child Protection. | ||||||
10 | (a) Except as provided in subsection (c), it is unlawful | ||||||
11 | for any person to store or leave, within premises under his or | ||||||
12 | her control, a firearm if the person knows or reasonably | ||||||
13 | should know has reason to believe that a minor under the age of | ||||||
14 | 18 14 years who does not have a Firearm Owners Identification | ||||||
15 | Card is likely to gain access to the firearm without the lawful | ||||||
16 | permission of the minor's parent, guardian, or person having | ||||||
17 | charge of the minor, and the minor causes death or great bodily | ||||||
18 | harm with the firearm, unless the firearm is: | ||||||
19 | (1) secured by a device or mechanism, other than the | ||||||
20 | firearm safety, designed to render a firearm temporarily | ||||||
21 | inoperable; or | ||||||
22 | (2) placed in a securely locked box or container . ; or | ||||||
23 | (3) placed in some other location that a reasonable | ||||||
24 | person would believe to be secure from a minor under the |
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1 | age of 14 years. | ||||||
2 | (b) Sentence. A person who violates this Section is guilty | ||||||
3 | of a Class C misdemeanor and shall be fined not less than | ||||||
4 | $1,000. A second or subsequent violation of this Section is a | ||||||
5 | Class A misdemeanor. | ||||||
6 | (c) Subsection (a) does not apply: | ||||||
7 | (1) if the minor under 18 14 years of age gains access | ||||||
8 | to a firearm and uses it in a lawful act of self-defense or | ||||||
9 | defense of another; or | ||||||
10 | (2) to any firearm obtained by a minor under the age of | ||||||
11 | 14 because of an unlawful entry of the premises by the | ||||||
12 | minor or another person. | ||||||
13 | (d) For the purposes of this Section, "firearm" has the | ||||||
14 | meaning ascribed to it in Section 1.1 of the Firearm Owners | ||||||
15 | Identification Card Act. | ||||||
16 | (Source: P.A. 91-18, eff. 1-1-00.)". | ||||||
17 | Section 99. Effective date. This Act takes effect upon | ||||||
18 | becoming law. |