103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5854

Introduced , by Rep. Maura Hirschauer

SYNOPSIS AS INTRODUCED:
New Act
35 ILCS 5/241 new
720 ILCS 5/24-9

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, 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. Establishes criminal and civil penalties. 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 "minor", "at-risk person", and a "prohibited person". Amends the Criminal Code of 2012 to make conforming changes. Amends the Illinois Income Tax Act. Creates an income tax credit for the eligible purchase of a firearm safety device. Effective immediately.
LRB103 40972 RLC 74043 b

A BILL FOR

HB5854LRB103 40972 RLC 74043 b
1 AN ACT concerning firearms.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the Safe
5Gun Storage Act.
6 Section 5. Definitions. In this Act:
7 "At-risk person" means a person who has made statements or
8exhibited behavior that indicates to a reasonable person there
9is a likelihood that the person is at risk of attempting
10suicide or causing physical harm to oneself or others.
11 "Minor" means a person under 18 years of age. "Minor" does
12not include a member of the Armed Forces of the United States
13or the Illinois National Guard who is under 18 years of age and
14who resides in the household of the owner or possessor of the
15firearm.
16 "Prohibited person" means a person ineligible under
17federal or State law to possess a firearm.
18 Section 10. Storage of firearms. A firearm owner shall not
19store or keep any firearm in any premises where the firearm
20owner knows or reasonably should know a minor, an at-risk
21person, or a prohibited person is likely to gain access to the
22firearm unless the firearm is secured in a locked container,

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1properly engaged so as to render the firearm inaccessible or
2unusable to any person other than the owner or other lawfully
3authorized user. If the firearm is carried by or under the
4control of the owner or other lawfully authorized user, then
5the firearm is deemed lawfully stored or kept.
6 Section 15. Penalties; violations.
7 (a)(1) Except as otherwise provided in paragraphs (2) and
8(3) of this subsection (a), a violation of Section 10
9constitutes a civil penalty not to exceed $500.
10 (2) If any person knows or reasonably should know that a
11minor, an at-risk person, or a prohibited person is likely to
12gain access to a firearm belonging to or under the control of
13that person, and a minor, an at-risk person, or a prohibited
14person obtains the firearm, the civil penalty shall not exceed
15$1,000.
16 (3) If a minor, an at-risk person, or a prohibited person
17obtains a firearm and uses it to injure or cause the death of a
18person or uses the firearm in connection with a crime, the
19civil penalty shall not exceed $10,000.
20 (b) The court may order a person who is found in violation
21of Section 10 to perform community service or pay restitution
22in lieu of the civil penalties imposed under this Section if
23good cause is shown.
24 (c) Nothing in this Section shall be construed to preclude
25civil liabilities for violations of this Act.

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1 (d) A violation of this Act is prima facie evidence of
2negligence per se in any civil proceeding if a minor, an
3at-risk person, or a prohibited person obtains a firearm and
4causes personal injury to the death of oneself or another or
5uses the firearm in the commission of a crime.
6 (e) An action to collect a civil penalty under this Act may
7be brought by the Attorney General or the State's Attorney of
8the county in which the violation occurred. Any money received
9from the collection of a civil penalty under this Act shall be
10deposited in the Mental Health Fund.
11 Section 90. The Illinois Income Tax Act is amended by
12adding Section 241 as follows:
13 (35 ILCS 5/241 new)
14 Sec. 241. Firearm safety device tax credit.
15 (a) As used in this Section:
16 "Eligible transaction" means a transaction in which a
17taxpayer purchases one or more firearm safety devices from a
18dealer that is federally licensed pursuant to 18 U.S.C. 923.
19 "Eligible transaction" includes a transaction that
20includes the purchase of a firearm.
21 "Firearm" means any handgun, shotgun, rifle, or other
22firearm that will, is designed to, or may be readily converted
23to expel single or multiple projectiles by action of an
24explosion of a combustible material.

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1 "Firearm safety device" means a safe, gun safe, gun case,
2lock box, or other device that is designed to be or can be used
3to store a firearm and that is designed to be unlocked only by
4means of a key, a combination, or other similar means.
5 (b) For taxable years that begin on and after January 1,
62025 and begin before January 1, 2030, a taxpayer who
7purchases one or more firearm safety devices in an eligible
8transaction during the taxable year may apply to the
9Department for a nonrefundable credit against the tax imposed
10by subsections (a) and (b) of Section 201. The credit shall be
11in the amount of the cost incurred by the taxpayer for the
12purchase of the firearm safety device but not to exceed $300
13per taxpayer in any taxable year. A taxpayer shall be allowed
14only one credit under this Section per taxable year. The
15taxpayer shall apply to the Department in the form and manner
16required by the Department. The aggregate amount of credits
17allowable under this Section shall not exceed $5,000,000 in
18any taxable year. Credits shall be allocated by the Department
19on a first-come, first-served basis.
20 (c) In no event shall a credit under this Section reduce
21the taxpayer's liability to less than zero. If the amount of
22the credit exceeds the tax liability for the year, the excess
23may be carried forward and applied to the tax liability of the
245 taxable years following the excess credit year. The tax
25credit shall be applied to the earliest year for which there is
26a tax liability. If there are credits for more than one year

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1that are available to offset a liability, the earlier credit
2shall be applied first.
3 (d) The Department shall adopt rules for the
4administration and implementation of the credit under this
5Section.
6 Section 95. The Criminal Code of 2012 is amended by
7changing Section 24-9 as follows:
8 (720 ILCS 5/24-9)
9 Sec. 24-9. Firearms; Child Protection.
10 (a) Except as provided in subsection (c), it is unlawful
11for any person to store or leave, within premises under his or
12her control, a firearm if the person knows or reasonably
13should know has reason to believe that a minor under the age of
1418 14 years who does not have a Firearm Owners Identification
15Card is likely to gain access to the firearm without the lawful
16permission of the minor's parent, guardian, or person having
17charge of the minor, and the minor causes death or great bodily
18harm with the firearm, unless the firearm is:
19 (1) secured by a device or mechanism, other than the
20 firearm safety, designed to render a firearm temporarily
21 inoperable; or
22 (2) placed in a securely locked box or container. ; or
23 (3) placed in some other location that a reasonable
24 person would believe to be secure from a minor under the

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