HB5854 103RD GENERAL ASSEMBLY

LRB103 40972 RLC 74043 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5854

Introduced 5/23/2024, by Rep. Maura Hirschauer

SYNOPSIS AS INTRODUCED:

New Act
35 ILCS 5/241 new
720 ILCS 5/24-9

Creates the Safe Gun Storage Act. Provides that a firearm owner shall not store or keep any firearm in any premises where the firearm owner knows or reasonably should know a minor, an at-risk person, or a prohibited person is likely to gain access to the firearm unless the firearm is secured in a locked container, properly engaged so as to render the firearm inaccessible or unusable to any person other than the owner or other lawfully authorized user. Provides that if the firearm is carried by or under the control of the owner or other lawfully authorized user, then the firearm is deemed lawfully stored or kept. Establishes criminal and civil penalties. Provides that a violation of the Act is prima facie evidence of negligence per se in any civil proceeding if a minor, an at-risk person, or a prohibited person obtains a firearm and causes personal injury to the death of oneself or another or uses the firearm in the commission of a crime. Provides that an action to collect a civil penalty under the Act may be brought by the Attorney General or the State's Attorney of the county in which the violation occurred. Provides that any money received from the collection of a civil penalty under the Act shall be deposited in the Mental Health Fund. Defines "minor", "at-risk person", and a "prohibited person". Amends the Criminal Code of 2012 to make conforming changes. Amends the Illinois Income Tax Act. Creates an income tax credit for the eligible purchase of a firearm safety device. Effective immediately.

A BILL FOR

AN ACT concerning firearms.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Safe Gun Storage Act.

Section 5. Definitions. In this Act:

"At-risk person" means a person who has made statements or exhibited behavior that indicates to a reasonable person there is a likelihood that the person is at risk of attempting suicide or causing physical harm to oneself or others.

"Minor" means a person under 18 years of age. "Minor" does not include a member of the Armed Forces of the United States or the Illinois National Guard who is under 18 years of age and who resides in the household of the owner or possessor of the firearm.

"Prohibited person" means a person ineligible under federal or State law to possess a firearm.

Section 10. Storage of firearms. A firearm owner shall not store or keep any firearm in any premises where the firearm owner knows or reasonably should know a minor, an at-risk person, or a prohibited person is likely to gain access to the firearm unless the firearm is secured in a locked container, properly engaged so as to render the firearm inaccessible or unusable to any person other than the owner or other lawfully authorized user. If the firearm is carried by or under the control of the owner or other lawfully authorized user, then the firearm is deemed lawfully stored or kept.

Section 15. Penalties; violations.

(a)(1) Except as otherwise provided in paragraphs (2) and (3) of this subsection (a), a violation of Section 10 constitutes a civil penalty not to exceed $500.

(2) If any person knows or reasonably should know that a minor, an at-risk person, or a prohibited person is likely to gain access to a firearm belonging to or under the control of that person, and a minor, an at-risk person, or a prohibited person obtains the firearm, the civil penalty shall not exceed $1,000.

(3) If a minor, an at-risk person, or a prohibited person obtains a firearm and uses it to injure or cause the death of a person or uses the firearm in connection with a crime, the civil penalty shall not exceed $10,000.

(b) The court may order a person who is found in violation of Section 10 to perform community service or pay restitution in lieu of the civil penalties imposed under this Section if good cause is shown.

(c) Nothing in this Section shall be construed to preclude civil liabilities for violations of this Act.

(d) A violation of this Act is prima facie evidence of negligence per se in any civil proceeding if a minor, an at-risk person, or a prohibited person obtains a firearm and causes personal injury to the death of oneself or another or uses the firearm in the commission of a crime.

(e) An action to collect a civil penalty under this Act may be brought by the Attorney General or the State's Attorney of the county in which the violation occurred. Any money received from the collection of a civil penalty under this Act shall be deposited in the Mental Health Fund.

Section 90. The Illinois Income Tax Act is amended by adding Section 241 as follows:

(35 ILCS 5/241 new)

Sec. 241. Firearm safety device tax credit.

(a) As used in this Section:

"Eligible transaction" means a transaction in which a taxpayer purchases one or more firearm safety devices from a dealer that is federally licensed pursuant to 18 U.S.C. 923.

"Eligible transaction" includes a transaction that includes the purchase of a firearm.

"Firearm" means any handgun, shotgun, rifle, or other firearm that will, is designed to, or may be readily converted to expel single or multiple projectiles by action of an explosion of a combustible material.

"Firearm safety device" means a safe, gun safe, gun case, lock box, or other device that is designed to be or can be used to store a firearm and that is designed to be unlocked only by means of a key, a combination, or other similar means.

(b) For taxable years that begin on and after January 1, 2025 and begin before January 1, 2030, a taxpayer who purchases one or more firearm safety devices in an eligible transaction during the taxable year may apply to the Department for a nonrefundable credit against the tax imposed by subsections (a) and (b) of Section 201. The credit shall be in the amount of the cost incurred by the taxpayer for the purchase of the firearm safety device but not to exceed $300 per taxpayer in any taxable year. A taxpayer shall be allowed only one credit under this Section per taxable year. The taxpayer shall apply to the Department in the form and manner required by the Department. The aggregate amount of credits allowable under this Section shall not exceed $5,000,000 in any taxable year. Credits shall be allocated by the Department on a first-come, first-served basis.

(c) In no event shall a credit under this Section reduce the taxpayer's liability to less than zero. If the amount of the credit exceeds the tax liability for the year, the excess may be carried forward and applied to the tax liability of the 5 taxable years following the excess credit year. The tax credit shall be applied to the earliest year for which there is a tax liability. If there are credits for more than one year that are available to offset a liability, the earlier credit shall be applied first.

(d) The Department shall adopt rules for the administration and implementation of the credit under this Section.

Section 95. The Criminal Code of 2012 is amended by changing Section 24-9 as follows:

(720 ILCS 5/24-9)

Sec. 24-9. Firearms; Child Protection.

(a) Except as provided in subsection (c), it is unlawful for any person to store or leave, within premises under his or her control, a firearm if the person knows or reasonably should know has reason to believe that a minor under the age of 18 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, unless the firearm is:

(1) secured by a device or mechanism, other than the firearm safety, designed to render a firearm temporarily inoperable; or

(2) placed in a securely locked box or container. ; or

(3) placed in some other location that a reasonable person would believe to be secure from a minor under the age of 14 years.

(b) Sentence. A person who violates this Section is guilty of a Class C misdemeanor and shall be fined not less than $1,000. A second or subsequent violation of this Section is a Class A misdemeanor.

(c) Subsection (a) does not apply:

(1) if the minor under 18 14 years of age gains access to a firearm and uses it in a lawful act of self-defense or defense of another; or

(2) to any firearm obtained by a minor under the age of 14 because of an unlawful entry of the premises by the minor or another person.

(d) For the purposes of this Section, "firearm" has the meaning ascribed to it in Section 1.1 of the Firearm Owners Identification Card Act.

(Source: P.A. 91-18, eff. 1-1-00.)".

Section 99. Effective date. This Act takes effect upon becoming law.