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|[ House Amendment 001 ]|
90_HB0395 (720 ILCS 5/24-3.5 new) Amends the Criminal Code of 1961. Prohibits storing a loaded firearm in a location and manner that makes the firearm accessible to a minor under 14 years of age. Provides exemptions. If the minor gains access to the firearm, the person responsible for storing the firearm is guilty of a Class C misdemeanor. If the minor causes death or great bodily harm using the firearm, the person responsible for storing the firearm is guilty of a Class A misdemeanor and is civilly liable for treble the amount of actual damages caused by use of the firearm. LRB9001370RCsb LRB9001370RCsb 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 1. 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. Access to firearms by minors. 9 (a) It is a Class C misdemeanor for any person to store, 10 or leave on premises under his or her control, a loaded 11 firearm if that person knows or has reason to believe that a 12 minor under the age of 14 years is likely to gain access to 13 the firearm without the lawful permission of the minor's 14 parent, guardian, or person having charge of the minor unless 15 the firearm is: 16 (1) secured by a trigger lock mechanism; 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 14 years. 21 (b) If a person violates subsection (a) and a minor under 22 14 years of age gains access to a loaded firearm and causes 23 death or great bodily injury with the firearm, the person 24 storing or leaving the firearm is guilty of a Class A 25 misdemeanor. In addition, that person shall be civilly 26 liable for treble the amount of any actual damages caused by 27 the use of the firearm. 28 A recovery of civil damages under this subsection may in 29 no case be less than $100 actual damages, plus attorney fees 30 and court costs for each person, partnership, corporation, 31 association, organization, or unit of government entitled to -2- LRB9001370RCsb 1 enforce liability for civil damages to that entity. 2 This subsection shall not affect the recovery of damages 3 in any other cause of action in which the liability of the 4 person is predicated on a common law basis. 5 (c) This Section does not apply to any firearm obtained 6 by a minor under the age of 14 because of an unlawful entry 7 of the premises by the minor or other person.
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