94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2557

 

Introduced 1/20/2006, by Sen. Kwame Raoul

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/24-9

    Amends the Criminal Code of 1961. 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 unless the firearm is secured. Eliminates the provision that the person who stores or leaves the firearm is criminally liable only if the minor causes death or great bodily harm with the firearm. Provides that if the minor causes death or great bodily harm with the unlawfully stored firearm, the penalty is a Class A misdemeanor (rather than a Class C misdemeanor). Eliminates the provision that the firearm may be placed in some location that a reasonable person would believe would be secure from a minor. Provides that if the firearm is placed in a securely locked box or container, it must be unloaded and disassembled.


LRB094 18702 RLC 54066 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2557 LRB094 18702 RLC 54066 b

1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Criminal Code of 1961 is amended by changing
5 Section 24-9 as follows:
 
6     (720 ILCS 5/24-9)
7     Sec. 24-9. Firearms; minor protection Child Protection.
8     (a) Except as provided in subsection (c), it is unlawful
9 for any person to store or leave, within premises under his or
10 her control, a firearm if the person knows or has reason to
11 believe that a minor under the age of 18 14 years who does not
12 have a Firearm Owners Identification Card is likely to gain
13 access to the firearm without the lawful permission of the
14 minor's parent, guardian, or person having charge of the minor,
15 and the minor causes death or great bodily harm with the
16 firearm, 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) unloaded and disassembled and placed in a securely
21     locked box or container; or
22         (3) (blank) placed in some other location that a
23     reasonable person would believe to be secure from a minor
24     under the age of 14 years.
25     (b) Sentence.
26         (1) Except as otherwise provided in paragraph (2) of
27     this subsection (b), a A person who violates this Section
28     is guilty of a Class C misdemeanor and shall be fined not
29     less than $1,000. A second or subsequent violation of this
30     Section is a Class A misdemeanor.
31         (2) Except as provided in subsection (c), a person who
32     violates this Section, and a minor under the age of 18

 

 

SB2557 - 2 - LRB094 18702 RLC 54066 b

1     causes death or great bodily harm with the firearm stored
2     or left in violation of this Section, is guilty of a Class
3     A misdemeanor.
4     (c) Paragraph (2) of subsection (b) Subsection (a) does not
5 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
13 meaning ascribed to it in Section 1.1 of the Firearm Owners
14 Identification Card Act.
15 (Source: P.A. 91-18, eff. 1-1-00.)