SB1935sam001 98TH GENERAL ASSEMBLY

Sen. Antonio Muñoz

Filed: 2/28/2013

09800SB1935sam001 LRB098 08968 RLC 41455 a

AMENDMENT TO SENATE BILL 1935

AMENDMENT NO. ______. Amend Senate Bill 1935 by replacing everything after the enacting clause with the following:

"Section 5. 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; Ownership Requirements.

(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 has reason to believe that a minor under the age of 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.

(a-5) It is unlawful for any person to store or leave, within premises under his or her control, a firearm if the person knows or has reason to know that a person who is otherwise prohibited from obtaining a Firearm Owner's Identification Card is likely to gain access to 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;

(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 person.

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

(c) Subsection (a) and (a-5) do does not apply:

(1) if the minor or prohibited person under 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 or prohibited person 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 999. Effective date. This Act takes effect January 1, 2014.".