103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1521

 

Introduced 2/8/2023, by Sen. Laura Ellman

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/24-9.1 new
720 ILCS 5/24-9 rep.

    Provides that the Act may be referred to as Ethan's Law. Amends the Criminal Code of 2012. Provides that it is unlawful for a person to store or keep any firearm 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 of the Code relating to firearms and child protection.


LRB103 27002 RLC 53369 b

 

 

A BILL FOR

 

SB1521LRB103 27002 RLC 53369 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 on the premises of a
11residence under the control of the person if the person knows,
12or reasonably should know, that:
13        (1) a minor is likely to gain access to the firearm
14    without the permission of the parent or guardian of the
15    minor; or
16        (2) a resident of the residence is ineligible to
17    possess a firearm under federal, State, or local law.
18    (b) This Section does not apply to a person if the person:
19        (1) keeps the firearm:
20            (A) secure using a secure gun storage or safety
21        device; or
22            (B) in a location that a reasonable person would

 

 

SB1521- 2 -LRB103 27002 RLC 53369 b

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