Illinois General Assembly - Full Text of HB1157
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Full Text of HB1157  98th General Assembly


Rep. Michael J. Zalewski

Filed: 3/12/2013





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2    AMENDMENT NO. ______. Amend House Bill 1157, AS AMENDED, by
3inserting the following in its proper numeric sequence:
4    "Section 315. The Criminal Code of 2012 is amended by
5adding Section 24-9.3 as follows:
6    (720 ILCS 5/24-9.3 new)
7    Sec. 24-9.3. Prohibited person firearm access violation.
8    (a) A person commits prohibited person firearm access when
9he or she stores or leaves, within premises under his or her
10control, a firearm if the person knows or has reason to know
11that a person prohibited from possessing a firearm because of a
12felony conviction, domestic battery conviction, an outstanding
13order of protection or stalking no-contact order against him or
14her, adjudication as a mental defective, having been a patient
15in a mental institution within the past 5 years, or because he
16or she is otherwise prohibited from obtaining a Firearm Owner's



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1Identification Card is likely to gain access to the firearm,
2and the firearm:
3        (1) is not secured by a device or mechanism, other than
4    the firearm safety, designed to render a firearm
5    temporarily inoperable;
6        (2) is not placed in a securely locked box or
7    container; or
8        (3) is not placed in some other location that a
9    reasonable person would believe to be secure from a person.
10    (b) This Section does not apply:
11        (1) if the prohibited person gains access to a firearm
12    and uses it in a lawful act of self-defense or defense of
13    another;
14        (2) to any firearm obtained by a prohibited person
15    because of an unlawful entry of the premises by the
16    prohibited person or another person; or
17        (3) when the firearm is in the immediate possession or
18    control of the owner.
19    (c) For the purposes of this Section, "firearm" has the
20meaning ascribed to it in Section 1.1 of the Firearm Owners
21Identification Card Act.
22    (d) Sentence. A first violation of this Section is a Class
23C misdemeanor and the person shall be fined not less than
24$1,000. A second or subsequent violation is a Class A