Sen. Antonio Muņoz

Filed: 2/28/2013

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1
AMENDMENT TO SENATE BILL 1935
2 AMENDMENT NO. ______. Amend Senate Bill 1935 by replacing
3everything after the enacting clause with the following:
4 "Section 5. The Criminal Code of 2012 is amended by
5changing Section 24-9 as follows:
6 (720 ILCS 5/24-9)
7 Sec. 24-9. Firearms; Child Protection; Ownership
8Requirements.
9 (a) Except as provided in subsection (c), it is unlawful
10for any person to store or leave, within premises under his or
11her control, a firearm if the person knows or has reason to
12believe that a minor under the age of 14 years who does not
13have a Firearm Owners Identification Card is likely to gain
14access to the firearm without the lawful permission of the
15minor's parent, guardian, or person having charge of the minor,
16and the minor causes death or great bodily harm with the

09800SB1935sam001- 2 -LRB098 08968 RLC 41455 a
1firearm, unless the firearm is:
2 (1) secured by a device or mechanism, other than the
3 firearm safety, designed to render a firearm temporarily
4 inoperable; or
5 (2) placed in a securely locked box or container; or
6 (3) placed in some other location that a reasonable
7 person would believe to be secure from a minor under the
8 age of 14 years.
9 (a-5) It is unlawful for any person to store or leave,
10within premises under his or her control, a firearm if the
11person knows or has reason to know that a person who is
12otherwise prohibited from obtaining a Firearm Owner's
13Identification Card is likely to gain access to the firearm,
14unless the firearm is:
15 (1) secured by a device or mechanism, other than the
16 firearm safety, designed to render a firearm temporarily
17 inoperable;
18 (2) placed in a securely locked box or container; or
19 (3) placed in some other location that a reasonable
20 person would believe to be secure from a person.
21 (b) Sentence. A first violation of this Section is person
22who violates this Section is guilty of a Class C misdemeanor
23and the person shall be fined not less than $1,000. A second or
24subsequent violation of this Section is a Class A misdemeanor.
25 (c) Subsection (a) and (a-5) do does not apply:
26 (1) if the minor or prohibited person under 14 years of

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1 age gains access to a firearm and uses it in a lawful act
2 of self-defense or defense of another; or
3 (2) to any firearm obtained by a minor or prohibited
4 person under the age of 14 because of an unlawful entry of
5 the premises by the minor or another person.
6 (d) For the purposes of this Section, "firearm" has the
7meaning ascribed to it in Section 1.1 of the Firearm Owners
8Identification Card Act.
9(Source: P.A. 91-18, eff. 1-1-00.)
10 Section 999. Effective date. This Act takes effect January
111, 2014.".