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1 | | Section 10. Penalties; violations. |
2 | | (a) In this Act: |
3 | | "At-risk person" means a person who has made statements or |
4 | | exhibited behavior that indicates to a reasonable person there |
5 | | is a likelihood that the person is at risk of attempting |
6 | | suicide or causing physical harm to oneself or others. |
7 | | "Minor" means a person under 18 years of age; however, |
8 | | "minor" does not include a member of the United States Armed |
9 | | Forces or the Illinois National Guard. |
10 | | "Prohibited person" means a person ineligible under |
11 | | federal or State law to possess a firearm. |
12 | | (b)(1) Except as otherwise provided in paragraphs (2) and |
13 | | (3) of this subsection (b), a violation of Section 5 is subject |
14 | | to a civil penalty not to exceed $500. |
15 | | (2) If any person knows or reasonably should know that a |
16 | | minor, an at-risk person, or a prohibited person is likely to |
17 | | gain access to a firearm belonging to or under the control of |
18 | | that person, and a minor, an at-risk person, or a prohibited |
19 | | person obtains the firearm, the civil penalty shall not exceed |
20 | | $1,000. |
21 | | (3) If a minor, an at-risk person, or a prohibited person |
22 | | obtains a firearm and uses it to injure or cause the death of a |
23 | | person or uses the firearm in connection with a crime, the |
24 | | civil penalty shall not exceed $10,000. |
25 | | (c) The court may order a person who is found in violation |
26 | | of Section 5 to perform community service or pay restitution |
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1 | | in lieu of the civil penalties imposed under this Section if |
2 | | good cause is shown. |
3 | | (d) Nothing in this Act shall be construed to preclude |
4 | | civil liabilities for violations of this Act. |
5 | | (e) A violation of this Act is prima facie evidence of |
6 | | negligence per se in any civil proceeding if a minor, an |
7 | | at-risk person, or a prohibited person obtains a firearm and |
8 | | causes personal injury or the death of oneself or another or |
9 | | uses the firearm in the commission of a crime. |
10 | | (f) An action to collect a civil penalty under this Act may |
11 | | be brought by the Attorney General or the State's Attorney of |
12 | | the county in which the violation occurred. Any money received |
13 | | from the collection of a civil penalty under this Act shall be |
14 | | deposited in the Mental Health Fund. |
15 | | Section 90. The Criminal Code of 2012 is amended by |
16 | | changing Section 24-9 as follows: |
17 | | (720 ILCS 5/24-9) |
18 | | Sec. 24-9. Firearms; Child Protection. |
19 | | (a) Except as provided in subsection (c), it is unlawful |
20 | | for any person to store or leave, within premises under his or |
21 | | her control, a firearm if the person knows or reasonably |
22 | | should know has reason to believe that a minor under the age of |
23 | | 18 14 years who does not have a Firearm Owners Identification |
24 | | Card is likely to gain access to the firearm without the lawful |
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1 | | permission of the minor's parent, guardian, or person having |
2 | | charge of the minor, and the minor causes death or great bodily |
3 | | harm with the firearm, unless the firearm is: |
4 | | (1) secured by a device or mechanism, other than the |
5 | | firearm safety, designed to render a firearm temporarily |
6 | | inoperable; or |
7 | | (2) placed in a securely locked box or container . ; or |
8 | | (3) placed in some other location that a reasonable |
9 | | person would believe to be secure from a minor under the |
10 | | age of 14 years. |
11 | | (b) Sentence. A person who violates this Section is guilty |
12 | | of a Class C misdemeanor and shall be fined not less than |
13 | | $1,000. A second or subsequent violation of this Section is a |
14 | | Class A misdemeanor. |
15 | | (c) Subsection (a) does not apply: |
16 | | (1) if the minor under 18 14 years of age gains access |
17 | | to a firearm and uses it in a lawful act of self-defense or |
18 | | defense of another; or |
19 | | (2) to any firearm obtained by a minor under the age of |
20 | | 18 14 because of an unlawful entry of the premises by the |
21 | | minor or another person. |
22 | | (d) For the purposes of this Section, "firearm" has the |
23 | | meaning ascribed to it in Section 1.1 of the Firearm Owners |
24 | | Identification Card Act. |
25 | | (Source: P.A. 91-18, eff. 1-1-00.)". |