Bill Text: IL SB3971 | 2023-2024 | 103rd General Assembly | Introduced

---

Bill Title: Creates the Safe Gun Storage Act. Provides that a firearm owner shall not store or keep any firearm in any premises where the firearm owner knows or reasonably should know a minor without the lawful permission of the minor's parent, guardian, or person having charge of the minor, an at-risk person, or a prohibited person is likely to gain access to the firearm unless the firearm is secured in a locked container, properly engaged so as to render the firearm inaccessible or unusable to any person other than the owner or other lawfully authorized user. Provides that if the firearm is carried by or under the control of the owner or other lawfully authorized user, then the firearm is deemed lawfully stored or kept. Provides that a violation of the Act is subject to a civil penalty not to exceed $500, except (i) if any person knows or reasonably should know that a minor, an at-risk person, or a prohibited person is likely to gain access to a firearm belonging to or under the control of that person, and a minor, an at-risk person, or a prohibited person obtains the firearm, the civil penalty shall not exceed $1,000 and (ii) if a minor, an at-risk person, or a prohibited person obtains a firearm and uses it to injure or cause the death of a person or uses the firearm in connection with a crime, the civil penalty shall not exceed $10,000. Provides that the court may order a person who is found in violation of the Act may be ordered by the court to perform community service or pay restitution in lieu of the civil penalties imposed under this Section if good cause is shown. Provides that nothing in the Act shall be construed to preclude civil liabilities for violations of the Act. Provides that a violation of the Act is prima facie evidence of negligence per se in any civil proceeding if a minor, an at-risk person, or a prohibited person obtains a firearm and causes personal injury to the death of oneself or another or uses the firearm in the commission of a crime. Provides that an action to collect a civil penalty under the Act may be brought by the Attorney General or the State's Attorney of the county in which the violation occurred. Provides that any money received from the collection of a civil penalty under the Act shall be deposited in the Mental Health Fund. Defines terms. Amends the Criminal Code of 2012 to make conforming changes.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2024-11-14 - Added as Co-Sponsor Sen. Mary Edly-Allen [SB3971 Detail]

Download: Illinois-2023-SB3971-Introduced.html

---

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3971 Introduced 10/11/2024, by Sen. Laura Ellman SYNOPSIS AS INTRODUCED:
See Index
Creates the Safe Gun Storage Act. Provides that a firearm owner shall not store or keep any firearm in any premises where the firearm owner knows or reasonably should know a minor without the lawful permission of the minor's parent, guardian, or person having charge of the minor, an at-risk person, or a prohibited person is likely to gain access to the firearm unless the firearm is secured in a locked container, properly engaged so as to render the firearm inaccessible or unusable to any person other than the owner or other lawfully authorized user. Provides that if the firearm is carried by or under the control of the owner or other lawfully authorized user, then the firearm is deemed lawfully stored or kept. Provides that a violation of the Act is subject to a civil penalty not to exceed $500, except (i) if any person knows or reasonably should know that a minor, an at-risk person, or a prohibited person is likely to gain access to a firearm belonging to or under the control of that person, and a minor, an at-risk person, or a prohibited person obtains the firearm, the civil penalty shall not exceed $1,000 and (ii) if a minor, an at-risk person, or a prohibited person obtains a firearm and uses it to injure or cause the death of a person or uses the firearm in connection with a crime, the civil penalty shall not exceed $10,000. Provides that the court may order a person who is found in violation of the Act may be ordered by the court to perform community service or pay restitution in lieu of the civil penalties imposed under this Section if good cause is shown. Provides that nothing in the Act shall be construed to preclude civil liabilities for violations of the Act. Provides that a violation of the Act is prima facie evidence of negligence per se in any civil proceeding if a minor, an at-risk person, or a prohibited person obtains a firearm and causes personal injury to the death of oneself or another or uses the firearm in the commission of a crime. Provides that an action to collect a civil penalty under the Act may be brought by the Attorney General or the State's Attorney of the county in which the violation occurred. Provides that any money received from the collection of a civil penalty under the Act shall be deposited in the Mental Health Fund. Defines terms. Amends the Criminal Code of 2012 to make conforming changes.
LRB103 42783 RLC 76025 b
A BILL FOR
SB3971 LRB103 42783 RLC 76025 b
AN ACT concerning firearms.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the Safe
Gun Storage Act.
Section 5. Storage of firearms. A firearm owner shall not
store or keep any firearm in any premises where the firearm
owner knows or reasonably should know a minor without the
lawful permission of the minor's parent, guardian, or person
having charge of the minor, an at-risk person, or a prohibited
person is likely to gain access to the firearm unless the
firearm is secured in a locked container, properly engaged so
as to render the firearm inaccessible or unusable to any
person other than the owner or other lawfully authorized user.
If the firearm is carried by or under the control of the owner
or other lawfully authorized user, then the firearm is deemed
lawfully stored or kept.
Section 10. Penalties; violations.
(a) In this Act:
"At-risk person" means a person who has made statements or
exhibited behavior that indicates to a reasonable person there
is a likelihood that the person is at risk of attempting

SB3971 - 2 - LRB103 42783 RLC 76025 b
suicide or causing physical harm to oneself or others.
"Minor" means a person under 18 years of age; however,
"minor" does not include a member of the United States Armed
Forces or the Illinois National Guard.
"Premises" includes any land, building, structure,
vehicle, or place directly or indirectly under the control of
the firearm owner.
"Prohibited person" means a person ineligible under
federal or State law to possess a firearm.
(b)(1) Except as otherwise provided in paragraphs (2) and
(3) of this subsection (b), a violation of Section 5 is subject
to a civil penalty not to exceed $500.
(2) If any person knows or reasonably should know that a
minor, an at-risk person, or a prohibited person is likely to
gain access to a firearm belonging to or under the control of
that person, and a minor, an at-risk person, or a prohibited
person obtains the firearm, the civil penalty shall not exceed
$1,000.
(3) If a minor, an at-risk person, or a prohibited person
obtains a firearm and uses it to injure or cause the death of a
person or uses the firearm in connection with a crime, the
civil penalty shall not exceed $10,000.
(c) The court may order a person who is found in violation
of Section 5 to perform community service or pay restitution
in lieu of the civil penalties imposed under this Section if
good cause is shown.

SB3971 - 3 - LRB103 42783 RLC 76025 b
(d) Nothing in this Act shall be construed to preclude
civil liabilities for violations of this Act.
(e) A violation of this Act is prima facie evidence of
negligence per se in any civil proceeding if a minor, an
at-risk person, or a prohibited person obtains a firearm and
causes personal injury or the death of oneself or another or
uses the firearm in the commission of a crime.
(f) An action to collect a civil penalty under this Act may
be brought by the Attorney General or the State's Attorney of
the county in which the violation occurred. Any money received
from the collection of a civil penalty under this Act shall be
deposited in the Mental Health Fund.
Section 90. The Criminal Code of 2012 is amended by
changing Section 24-9 as follows:
(720 ILCS 5/24-9)
Sec. 24-9. Firearms; 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 reasonably
should know has reason to believe that a minor under the age of
18 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

SB3971 - 4 - LRB103 42783 RLC 76025 b
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) placed in some other location that a reasonable
person would believe to be secure from a minor under the
age of 14 years.
(b) Sentence. 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.
(c) 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.)
SB3971 - 5 - LRB103 42783 RLC 76025 b
INDEX
Statutes amended in order of appearance