Full Text of HB2723 103rd General Assembly
HB2723 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB2723 Introduced 2/16/2023___________, by SYNOPSIS AS INTRODUCED: |
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Creates the Safe Gun Storage Act. Provides that a firearm owner shall not store or keep any firearm in any premises 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. Provides that a violation is subject to a civil penalty not to exceed $500. Provides that a violation is subject to a civil penalty not to exceed $1,000 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. Provides that a violation is subject to a civil penalty not to exceed $10,000 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. Provides that any money received from the collection of a civil penalty shall be deposited in the Mental Health Fund. Amends the Criminal Code of 2012. Changes the age of a minor from under 14 to under 18 years of age for which it is unlawful, with certain exception,
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 who does not have a Firearm Owner's 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.
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| | A BILL FOR |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the Safe | 5 | | Gun Storage Act. | 6 | | Section 5. Storage of firearms. A firearm owner shall not | 7 | | store or keep any firearm in any premises unless the firearm is | 8 | | secured in a locked container, properly engaged so as to | 9 | | render the firearm inaccessible or unusable to any person | 10 | | other than the owner or other lawfully authorized user. If the | 11 | | firearm is carried by or under the control of the owner or | 12 | | other lawfully authorized user, then the firearm is deemed | 13 | | lawfully stored or kept. | 14 | | Section 10. Penalties; violations. | 15 | | (a) A violation of Section 5 constitutes a civil | 16 | | infraction subject to a civil penalty not to exceed $500. | 17 | | (b) A violation of Section 5 constitutes a civil | 18 | | infraction subject to a civil penalty not to exceed $1,000 if | 19 | | any person knows or reasonably should know that a minor, an | 20 | | at-risk person, or a prohibited person is likely to gain | 21 | | access to a firearm belonging to or under the control of that | 22 | | person, and a minor, an at-risk person, or a prohibited person |
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| 1 | | obtains the firearm. | 2 | | As used in this Act, "at-risk person" means someone who | 3 | | has made statements or exhibited behavior that indicates to a | 4 | | reasonable person there is a likelihood that the person is at | 5 | | risk of attempting suicide or causing physical harm to oneself | 6 | | or others. | 7 | | (c) A violation of Section 5 constitutes a civil | 8 | | infraction subject to a civil penalty not to exceed $10,000 if | 9 | | a minor, an at-risk person, or a prohibited person obtains a | 10 | | firearm and uses it to injure or cause the death of a person or | 11 | | uses the firearm in connection with a crime. | 12 | | (d) The court may provide for the performance of community | 13 | | restitution in lieu of the civil penalties imposed under this | 14 | | Section if good cause is shown. | 15 | | (e) Nothing in this Section is construed to preclude civil | 16 | | liabilities. | 17 | | (f) A violation is prima facie evidence of negligence per | 18 | | se in any civil proceeding if a minor, an at-risk person, or a | 19 | | prohibited person obtains a firearm and causes personal injury | 20 | | to the death of oneself or another or uses the firearm in | 21 | | connection with a crime. | 22 | | (g) An action to collect a civil penalty under this Act may | 23 | | be brought by the Attorney General or the State's Attorney of | 24 | | the county in which the violation occurred. Any money received | 25 | | from the collection of a civil penalty shall be deposited in | 26 | | the Mental Health Fund. |
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| 1 | | Section 15. The Criminal Code of 2012 is amended by | 2 | | changing Section 24-9 as follows:
| 3 | | (720 ILCS 5/24-9)
| 4 | | Sec. 24-9. Firearms; Child Protection.
| 5 | | (a) Except as provided in
subsection (c), it is unlawful
| 6 | | for any person to
store or leave, within premises under his or | 7 | | her control, a firearm if
the
person knows or has reason to | 8 | | believe that a minor under the age of 18 14
years who does not | 9 | | have a Firearm Owner's Owners Identification Card is likely to | 10 | | gain
access to the firearm without the lawful permission
of | 11 | | the minor's parent, guardian, or person having charge of the | 12 | | minor, and
the minor causes death or great bodily harm with the | 13 | | firearm, unless
the firearm is:
| 14 | | (1) secured by a device or mechanism, other than the | 15 | | firearm safety,
designed to render a firearm temporarily | 16 | | inoperable; or
| 17 | | (2) placed in a securely locked box or container; or
| 18 | | (3) placed in some other location that a reasonable | 19 | | person would
believe to be secure from a minor under the | 20 | | age of 18 14 years.
| 21 | | (b) Sentence. A person who violates this Section is guilty | 22 | | of a Class C
misdemeanor and shall be fined not less than | 23 | | $1,000. A second or subsequent
violation of this Section is a | 24 | | Class A misdemeanor. A person who violates this Section also |
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| 1 | | commits a civil infraction under the Safe Gun Storage Act and | 2 | | may be subject to a civil penalty under Section 10 of that Act.
| 3 | | (c) Subsection (a) does not apply:
| 4 | | (1) if the minor under 18 14 years of age gains access | 5 | | to a
firearm and uses it in a lawful act of self-defense or | 6 | | defense of another; or
| 7 | | (2) to any firearm obtained by a minor under the age of | 8 | | 18 14 because of
an unlawful entry of the premises by the | 9 | | minor or another person.
| 10 | | (d) For the purposes of this Section, "firearm" has the | 11 | | meaning ascribed
to it in Section 1.1 of the Firearm Owners | 12 | | Identification Card Act.
| 13 | | (Source: P.A. 91-18, eff. 1-1-00.)
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