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90_SB0440
720 ILCS 5/24-3.5 new
Amends the Criminal Code of 1961. Makes keeping a loaded
firearm accessible to a child under 14 years a Class C
misdemeanor if the child gains access to the firearm and
causes death or great bodily injury using the firearm.
Establishes exceptions. Provides for civil damages.
LRB9002441RCks
LRB9002441RCks
1 AN ACT to amend the Criminal Code of 1961 by adding
2 Section 24-3.5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 adding Section 24-3.5 as follows:
7 (720 ILCS 5/24-3.5 new)
8 Sec. 24-3.5. Loaded firearms; responsibility.
9 (a) Except as provided in subsection (c), it is a Class C
10 misdemeanor for any person to store or leave, within premises
11 under his or her control, a loaded firearm if the person
12 knows or has reason to believe that a minor under the age of
13 14 years is likely to gain access to the firearm without the
14 lawful permission of the minor's parent, guardian, or person
15 having charge of the minor, and the minor causes death or
16 great bodily injury with the firearm, unless the firearm is:
17 (1) secured by a trigger lock mechanism;
18 (2) placed in a securely locked box or container; or
19 (3) placed in some other location that a reasonable
20 person would believe to be secure from a minor under the
21 age of 14 years.
22 (b) In addition, a person violating subsection (a) shall
23 be civilly liable for the amount of any actual damages caused
24 by the use of the firearm. A recovery of damages under this
25 subsection may in no case be less than $100 actual damages,
26 plus attorney fees and court costs for each person,
27 partnership, corporation, association, organization, or unit
28 of government entitled to enforce liability for damages to
29 that entity. This subsection shall not affect the recovery
30 of damages in any other cause of action in which the
31 liability of the person is predicated on a common law basis.
-2- LRB9002441RCks
1 (c) Subsections (a) and (b) shall not apply:
2 (1) if the minor under 14 years of age gains access
3 to a loaded firearm and uses it in a lawful act of
4 self-defense or defense of another; or
5 (2) to any firearm obtained by a minor under the
6 age of 14 because of an unlawful entry of the premises by
7 the minor or another person.