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91_SB0756ham001
LRB9101848RCksam
1 AMENDMENT TO SENATE BILL 756
2 AMENDMENT NO. . Amend Senate Bill 756 on page 1, by
3 replacing line 1 with the following:
4 "AN ACT in relation to child protection."; and
5 on page 5, by inserting between lines 24 and 25 the
6 following:
7 "Section 11. The Criminal Code of 1961 is amended by
8 adding Sections 24-9 and 24-9.1 as follows:
9 (720 ILCS 5/24-9 new)
10 Sec. 24-9. Firearms; child protection.
11 (a) Definitions.
12 (1) "Child" means a person under the age of 14.
13 (2) "Loaded firearm" means a firearm in which (i)
14 there is an unexpended cartridge or shell, consisting of
15 a case that holds a charge of powder or a bullet or shot;
16 (ii) there is inserted in the cylinder or firing chamber
17 a bullet or shot; or (iii) there is inserted a magazine
18 or clip containing a bullet. A muzzle-loader firearm
19 shall be deemed loaded when it is capped or pinned and
20 has a powder charge and a ball or shot in the barrel or
21 cylinder.
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1 (3) "Locked container" means a secure container
2 that is fully enclosed and locked by a padlock, key lock,
3 combination lock, or similar locking device.
4 (4) "Locking device" means a device attached to a
5 firearm other than the safety that is intended to
6 substantially inhibit the discharge of a firearm.
7 (b) It is unlawful for any person to negligently keep
8 any loaded firearm within any premises or vehicle that is
9 under his or her custody or control so that a child who is
10 not supervised is likely to be able to gain access to the
11 firearm and the child gains access to the firearm and
12 possesses, uses, or exhibits the firearm either in a public
13 place or in a negligent, suicidal, threatening, or assaultive
14 manner. For the purposes of this Section, a child shall be
15 considered to be supervised only if he or she is in the
16 custody and immediate control of his or her parent or legal
17 guardian or other person in loco parentis to the child.
18 (c) There is a rebuttable presumption that a person did
19 not act negligently as set forth in subsection (b) if:
20 (1) The child obtained the firearm as a result of
21 the illegal entry to the premises, locked container, or
22 vehicle by any person;
23 (2) The firearm was kept in a secure location or a
24 locked container;
25 (3) The firearm was carried on the person or within
26 such close proximity to the person that the person could
27 have readily retrieved and used the firearm as if it had
28 been carried on his or her person;
29 (4) The firearm was equipped with a locking device;
30 (5) The child obtained, or obtained and discharged,
31 the firearm in a lawful act of self defense or defense of
32 another person; or
33 (6) The person who kept the loaded firearm had no
34 reasonable expectation, based on objective facts and
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1 circumstances, that a child would have been likely to be
2 present on the premises or in or on the vehicle.
3 (d) Unlawful storage of a firearm is a Class C
4 misdemeanor for a first violation and Class A misdemeanor for
5 a second or subsequent violation.
6 (720 ILCS 5/24-9.1 new)
7 Sec. 24-9.1. Sale of firearms and firearm ammunition;
8 required warnings; penalties.
9 (a) Upon the retail commercial sale of any firearm or
10 firearm ammunition by a person holding a license under the
11 federal "Gun Control Act of 1968", the seller shall deliver a
12 written warning to the purchaser, which warning shall state,
13 in block letters not less than one-fourth inch in height:
14 "IT IS UNLAWFUL, AND PUNISHABLE
15 BY IMPRISONMENT AND FINE, FOR ANY
16 PERSON TO STORE OR LEAVE A FIREARM
17 IN ANY PLACE WITHIN THE REACH
18 OR EASY ACCESS OF A MINOR UNDER
19 14 YEARS OF AGE. ADDITIONALLY,
20 THE NEGLIGENT STORAGE
21 OR OPERATION OF A FIREARM MAY REQUIRE
22 THE PERSON SO NEGLIGENT TO PAY SUBSTANTIAL
23 MONETARY DAMAGES IN A CIVIL SUIT TO ANY
24 INDIVIDUAL INJURED AS THE RESULT OF
25 SUCH NEGLIGENCE."
26 (b) Any retail or wholesale seller of firearms or
27 firearm ammunition holding a license under the federal "Gun
28 Control Act of 1968" must conspicuously post at each purchase
29 counter where such firearms are sold the following warning in
30 block letters not less than one inch in height:
31 "IT IS UNLAWFUL, AND PUNISHABLE
32 BY IMPRISONMENT AND FINE, FOR
33 ANY PERSON TO STORE OR
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1 LEAVE A FIREARM IN ANY PLACE
2 WITHIN THE REACH OR EASY ACCESS
3 OF A MINOR UNDER 14 YEARS OF AGE.
4 ADDITIONALLY, THE NEGLIGENT
5 STORAGE OR
6 OPERATION OF A FIREARM MAY REQUIRE
7 THE PERSON SO NEGLIGENT TO PAY SUBSTANTIAL
8 MONETARY DAMAGES IN A CIVIL SUIT TO ANY
9 INDIVIDUAL INJURED AS THE RESULT OF
10 SUCH NEGLIGENCE."
11 (c) Any person or business knowingly violating a
12 requirement to provide warning under this Section commits a
13 petty offense for which a fine not exceeding $500 shall be
14 imposed.
15 (d) The warnings required by this Section are not
16 intended to serve as the basis for civil liability. Rather,
17 they are intended only to alert purchasers of firearms of the
18 possible consequences of the negligent storage or operation
19 of a firearm that may exist under other statutes or the
20 common law.
21 (e) Retail commercial sellers of firearms required to
22 provide warnings under subsections (a) and (b) may comply
23 with the requirements by designing the form themselves or by
24 providing form warnings and posters designed and provided by
25 the Department of State Police.".