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| [ Introduced ] | [ House Amendment 001 ] |
91_HB0156eng HB0156 Engrossed LRB9100226RCks 1 AN ACT to amend the Criminal Code of 1961 by adding 2 Sections 24-9 and 24-9.1. 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 Sections 24-9 and 24-9.1 as follows: 7 (720 ILCS 5/24-9 new) 8 Sec. 24-9. Firearms; child protection. 9 (a) Definitions. 10 (1) "Child" means a person under the age of 14. 11 (2) "Loaded firearm" means a firearm in which (i) 12 there is an unexpended cartridge or shell, consisting of 13 a case that holds a charge of powder or a bullet or shot; 14 (ii) there is inserted in the cylinder or firing chamber 15 a bullet or shot; or (iii) there is inserted a magazine 16 or clip containing a bullet. A muzzle-loader firearm 17 shall be deemed loaded when it is capped or pinned and 18 has a powder charge and a ball or shot in the barrel or 19 cylinder. 20 (3) "Locked container" means a secure container 21 that is fully enclosed and locked by a padlock, key lock, 22 combination lock, or similar locking device. 23 (4) "Locking device" means a device attached to a 24 firearm other than the safety that is intended to 25 substantially inhibit the discharge of a firearm. 26 (b) It is unlawful for any person to negligently keep 27 any loaded firearm within any premises or vehicle that is 28 under his or her custody or control so that a child who is 29 not supervised is likely to be able to gain access to the 30 firearm and the child gains access to the firearm and 31 possesses, uses, or exhibits the firearm either in a public HB0156 Engrossed -2- LRB9100226RCks 1 place or in a negligent, suicidal, threatening, or assaultive 2 manner. For the purposes of this Section, a child shall be 3 considered to be supervised only if he or she is in the 4 custody and immediate control of his or her parent or legal 5 guardian or other person in loco parentis to the child. 6 (c) There is a rebuttable presumption that a person did 7 not act negligently as set forth in subsection (b) if: 8 (1) The child obtained the firearm as a result of 9 the illegal entry to the premises, locked container, or 10 vehicle by any person; 11 (2) The firearm was kept in a secure location or a 12 locked container; 13 (3) The firearm was carried on the person or within 14 such close proximity to the person that the person could 15 have readily retrieved and used the firearm as if it had 16 been carried on his or her person; 17 (4) The firearm was equipped with a locking device; 18 (5) The child obtained, or obtained and discharged, 19 the firearm in a lawful act of self defense or defense of 20 another person; or 21 (6) The person who kept the loaded firearm had no 22 reasonable expectation, based on objective facts and 23 circumstances, that a child would have been likely to be 24 present on the premises or in or on the vehicle. 25 (d) Unlawful storage of a firearm is a Class C 26 misdemeanor for a first violation and Class A misdemeanor for 27 a second or subsequent violation. 28 (720 ILCS 5/24-9.1 new) 29 Sec. 24-9.1. Sale of firearms and firearm ammunition; 30 required warnings; penalties. 31 (a) Upon the retail commercial sale of any firearm or 32 firearm ammunition by a person holding a license under the 33 federal "Gun Control Act of 1968", the seller shall deliver a HB0156 Engrossed -3- LRB9100226RCks 1 written warning to the purchaser, which warning shall state, 2 in block letters not less than one-fourth inch in height: 3 "IT IS UNLAWFUL, AND PUNISHABLE 4 BY IMPRISONMENT AND FINE, FOR ANY 5 PERSON TO STORE OR LEAVE A FIREARM 6 IN ANY PLACE WITHIN THE REACH 7 OR EASY ACCESS OF A MINOR UNDER 8 14 YEARS OF AGE. ADDITIONALLY, 9 THE NEGLIGENT STORAGE 10 OR OPERATION OF A FIREARM MAY REQUIRE 11 THE PERSON SO NEGLIGENT TO PAY SUBSTANTIAL 12 MONETARY DAMAGES IN A CIVIL SUIT TO ANY 13 INDIVIDUAL INJURED AS THE RESULT OF 14 SUCH NEGLIGENCE." 15 (b) Any retail or wholesale seller of firearms or 16 firearm ammunition holding a license under the federal "Gun 17 Control Act of 1968" must conspicuously post at each purchase 18 counter where such firearms are sold the following warning in 19 block letters not less than one inch in height: 20 "IT IS UNLAWFUL, AND PUNISHABLE 21 BY IMPRISONMENT AND FINE, FOR 22 ANY PERSON TO STORE OR 23 LEAVE A FIREARM IN ANY PLACE 24 WITHIN THE REACH OR EASY ACCESS 25 OF A MINOR UNDER 14 YEARS OF AGE. 26 ADDITIONALLY, THE NEGLIGENT 27 STORAGE OR 28 OPERATION OF A FIREARM MAY REQUIRE 29 THE PERSON SO NEGLIGENT TO PAY SUBSTANTIAL 30 MONETARY DAMAGES IN A CIVIL SUIT TO ANY 31 INDIVIDUAL INJURED AS THE RESULT OF 32 SUCH NEGLIGENCE." 33 (c) Any person or business knowingly violating a 34 requirement to provide warning under this Section commits a HB0156 Engrossed -4- LRB9100226RCks 1 petty offense for which a fine not exceeding $500 shall be 2 imposed. 3 (d) The warnings required by this Section are not 4 intended to serve as the basis for civil liability. Rather, 5 they are intended only to alert purchasers of firearms of the 6 possible consequences of the negligent storage or operation 7 of a firearm that may exist under other statutes or the 8 common law. 9 (e) Retail commercial sellers of firearms required to 10 provide warnings under subsections (a) and (b) may comply 11 with the requirements by designing the form themselves or by 12 providing form warnings and posters designed and provided by 13 the Department of State Police.