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91_HB0156ham001
LRB9100226RCksam04
1 AMENDMENT TO HOUSE BILL 156
2 AMENDMENT NO. . Amend House Bill 156 by replacing
3 the title with the following:
4 "AN ACT to amend the Criminal Code of 1961 by adding
5 Sections 24-9 and 24-9.1."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Criminal Code of 1961 is amended by
9 adding Sections 24-9 and 24-9.1 as follows:
10 (720 ILCS 5/24-9 new)
11 Sec. 24-9. Firearms; child protection.
12 (a) Definitions.
13 (1) "Child" means a person under the age of 14.
14 (2) "Loaded firearm" means a firearm in which (i)
15 there is an unexpended cartridge or shell, consisting of
16 a case that holds a charge of powder or a bullet or shot;
17 (ii) there is inserted in the cylinder or firing chamber
18 a bullet or shot; or (iii) there is inserted a magazine
19 or clip containing a bullet. A muzzle-loader firearm
20 shall be deemed loaded when it is capped or pinned and
21 has a powder charge and a ball or shot in the barrel or
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1 cylinder.
2 (3) "Locked container" means a secure container
3 that is fully enclosed and locked by a padlock, key lock,
4 combination lock, or similar locking device.
5 (4) "Locking device" means a device attached to a
6 firearm other than the safety that is intended to
7 substantially inhibit the discharge of a firearm.
8 (b) It is unlawful for any person to negligently keep
9 any loaded firearm within any premises or vehicle that is
10 under his or her custody or control so that a child who is
11 not supervised is likely to be able to gain access to the
12 firearm and the child gains access to the firearm and
13 possesses, uses, or exhibits the firearm either in a public
14 place or in a negligent, suicidal, threatening, or assaultive
15 manner. For the purposes of this Section, a child shall be
16 considered to be supervised only if he or she is in the
17 custody and immediate control of his or her parent or legal
18 guardian or other person in loco parentis to the child.
19 (c) There is a rebuttable presumption that a person did
20 not act negligently as set forth in subsection (b) if:
21 (1) The child obtained the firearm as a result of
22 the illegal entry to the premises, locked container, or
23 vehicle by any person;
24 (2) The firearm was kept in a secure location or a
25 locked container;
26 (3) The firearm was carried on the person or within
27 such close proximity to the person that the person could
28 have readily retrieved and used the firearm as if it had
29 been carried on his or her person;
30 (4) The firearm was equipped with a locking device;
31 (5) The child obtained, or obtained and discharged,
32 the firearm in a lawful act of self defense or defense of
33 another person; or
34 (6) The person who kept the loaded firearm had no
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1 reasonable expectation, based on objective facts and
2 circumstances, that a child would have been likely to be
3 present on the premises or in or on the vehicle.
4 (d) Unlawful storage of a firearm is a Class C
5 misdemeanor for a first violation and Class A misdemeanor for
6 a second or subsequent violation.
7 (720 ILCS 5/24-9.1 new)
8 Sec. 24-9.1. Sale of firearms and firearm ammunition;
9 required warnings; penalties.
10 (a) Upon the retail commercial sale of any firearm or
11 firearm ammunition by a person holding a license under the
12 federal "Gun Control Act of 1968", the seller shall deliver a
13 written warning to the purchaser, which warning shall state,
14 in block letters not less than one-fourth inch in height:
15 "IT IS UNLAWFUL, AND PUNISHABLE
16 BY IMPRISONMENT AND FINE, FOR ANY
17 PERSON TO STORE OR LEAVE A FIREARM
18 IN ANY PLACE WITHIN THE REACH
19 OR EASY ACCESS OF A MINOR UNDER
20 14 YEARS OF AGE. ADDITIONALLY,
21 THE NEGLIGENT STORAGE
22 OR OPERATION OF A FIREARM MAY REQUIRE
23 THE PERSON SO NEGLIGENT TO PAY SUBSTANTIAL
24 MONETARY DAMAGES IN A CIVIL SUIT TO ANY
25 INDIVIDUAL INJURED AS THE RESULT OF
26 SUCH NEGLIGENCE."
27 (b) Any retail or wholesale seller of firearms or
28 firearm ammunition holding a license under the federal "Gun
29 Control Act of 1968" must conspicuously post at each purchase
30 counter where such firearms are sold the following warning in
31 block letters not less than one inch in height:
32 "IT IS UNLAWFUL, AND PUNISHABLE
33 BY IMPRISONMENT AND FINE, FOR
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1 ANY PERSON TO STORE OR
2 LEAVE A FIREARM IN ANY PLACE
3 WITHIN THE REACH OR EASY ACCESS
4 OF A MINOR UNDER 14 YEARS OF AGE.
5 ADDITIONALLY, THE NEGLIGENT
6 STORAGE OR
7 OPERATION OF A FIREARM MAY REQUIRE
8 THE PERSON SO NEGLIGENT TO PAY SUBSTANTIAL
9 MONETARY DAMAGES IN A CIVIL SUIT TO ANY
10 INDIVIDUAL INJURED AS THE RESULT OF
11 SUCH NEGLIGENCE."
12 (c) Any person or business knowingly violating a
13 requirement to provide warning under this Section commits a
14 petty offense for which a fine not exceeding $500 shall be
15 imposed.
16 (d) The warnings required by this Section are not
17 intended to serve as the basis for civil liability. Rather,
18 they are intended only to alert purchasers of firearms of the
19 possible consequences of the negligent storage or operation
20 of a firearm that may exist under other statutes or the
21 common law.
22 (e) Retail commercial sellers of firearms required to
23 provide warnings under subsections (a) and (b) may comply
24 with the requirements by designing the form themselves or by
25 providing form warnings and posters designed and provided by
26 the Department of State Police.".