SB1855 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1855

 

Introduced 2/26/2021, by Sen. Laura Ellman

 

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

    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 relating to child protection.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1855LRB102 15889 KMF 21258 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

 

 

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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.