Bill Text: IL HB0179 | 2009-2010 | 96th General Assembly | Engrossed

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Bill Title: Amends the Criminal Code of 1961. 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 or who is not serving in the military 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 unless the firearm is secured. Eliminates the provision that the person who stores or leaves the firearm is criminally liable only if the minor causes death or great bodily harm with the firearm. Provides that if the minor causes death or great bodily harm with the unlawfully stored firearm, the penalty is a Class A misdemeanor (rather than a Class C misdemeanor). Eliminates the provision that the firearm may be placed in some location that a reasonable person would believe would be secure from a minor.

Spectrum: Strong Partisan Bill (Democrat 19-1)

Status: (Introduced - Dead) 2009-03-26 - Added Co-Sponsor Rep. Susana A. Mendoza [HB0179 Detail]

Download: Illinois-2009-HB0179-Engrossed.html

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HB0179 Engrossed LRB096 03294 RLC 13312 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 1961 is amended by changing
Section 24-9 as follows:
(720 ILCS 5/24-9)
Sec. 24-9. Firearms; minor protection Child Protection.
(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 18 14 years who does not
have a Firearm Owners Identification Card or who is not serving
in the military 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) (blank) placed in some other location that a
reasonable person would believe to be secure from a minor
under the age of 14 years.

HB0179 Engrossed - 2 - LRB096 03294 RLC 13312 b
(b) Sentence.
(1) Except as otherwise provided in paragraph (2) of
this subsection (b), a A person who violates this Section
is guilty of a Class C misdemeanor and shall be fined not
less than $1,000. A second or subsequent violation of this
Section is a Class A misdemeanor.
(2) Except as provided in subsection (c), a person who
violates subsection (a) is guilty of a Class A misdemeanor
if a minor under the age of 18 causes death or great bodily
harm with the firearm stored or left in violation of this
Section.
(c) Paragraph (2) of subsection (b) Subsection (a) does not
apply:
(1) if the minor under 18 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 under the age of
18 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.)