102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4839

 

Introduced 1/27/2022, by Rep. Maura Hirschauer

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/24-9

    Amends the Criminal Code of 2012. Provides that 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 18 (rather than 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. Eliminates exception if the firearm is placed in some other location that a reasonable person would believe to be secure from a minor.


LRB102 25203 RLC 34471 b

 

 

A BILL FOR

 

HB4839LRB102 25203 RLC 34471 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 5. The Criminal Code of 2012 is amended by
5changing Section 24-9 as follows:
 
6    (720 ILCS 5/24-9)
7    Sec. 24-9. Firearms; Child Protection.
8    (a) Except as provided in subsection (c), it is unlawful
9for any person to store or leave, within premises under his or
10her control, a firearm if the person knows or has reason to
11believe that a minor under the age of 18 14 years who does not
12have a Firearm Owners Identification Card is likely to gain
13access to the firearm without the lawful permission of the
14minor's parent, guardian, or person having charge of the
15minor, and the minor causes death or great bodily harm with the
16firearm, unless the firearm is:
17        (1) secured by a device or mechanism, other than the
18    firearm safety, designed to render a firearm temporarily
19    inoperable; or
20        (2) placed in a securely locked box or container; or
21        (3) (blank). placed in some other location that a
22    reasonable person would believe to be secure from a minor
23    under the age of 14 years.

 

 

HB4839- 2 -LRB102 25203 RLC 34471 b

1    (b) Sentence. A person who violates this Section is guilty
2of a Class C misdemeanor and shall be fined not less than
3$1,000. A second or subsequent violation of this Section is a
4Class A misdemeanor.
5    (c) Subsection (a) does not apply:
6        (1) if the minor under 18 14 years of age gains access
7    to a firearm and uses it in a lawful act of self-defense or
8    defense of another; or
9        (2) to any firearm obtained by a minor under the age of
10    18 14 because of an unlawful entry of the premises by the
11    minor or another person.
12    (d) For the purposes of this Section, "firearm" has the
13meaning ascribed to it in Section 1.1 of the Firearm Owners
14Identification Card Act.
15(Source: P.A. 91-18, eff. 1-1-00.)