Sen. Laura Ellman
Filed: 5/22/2024
 
 
 




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1
AMENDMENT TO SENATE BILL 3527


2 AMENDMENT NO. ______. Amend Senate Bill 3527 by replacing 
3everything after the enacting clause with the following:

4 "Section 1. Short title. This Act may be cited as the Safe 
5Gun Storage Act.

6 Section 5. Storage of firearms. A firearm owner shall not 
7store or keep any firearm in any premises where the firearm 
8owner knows or reasonably should know a minor, an at-risk 
9person, or a prohibited person is likely to gain access to the 
10firearm unless the firearm is secured in a locked container, 
11properly engaged so as to render the firearm inaccessible or 
12unusable to any person other than the owner or other lawfully 
13authorized user. If the firearm is carried by or under the 
14control of the owner or other lawfully authorized user, then 
15the firearm is deemed lawfully stored or kept.

 
 
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1 Section 10. Penalties; violations. 
2 (a) In this Act:
3 "At-risk person" means a person who has made statements or 
4exhibited behavior that indicates to a reasonable person there 
5is a likelihood that the person is at risk of attempting 
6suicide or causing physical harm to oneself or others.
7 "Minor" means a person under 18 years of age; however, 
8"minor" does not include a member of the United States Armed 
9Forces or the Illinois National Guard.
10 "Prohibited person" means a person ineligible under 
11federal or State law to possess a firearm.
12 (b)(1) Except as otherwise provided in paragraphs (2) and 
13(3) of this subsection (b), a violation of Section 5 is subject 
14to a civil penalty not to exceed $500.
15 (2) If any person knows or reasonably should know that a 
16minor, an at-risk person, or a prohibited person is likely to 
17gain access to a firearm belonging to or under the control of 
18that person, and a minor, an at-risk person, or a prohibited 
19person obtains the firearm, the civil penalty shall not exceed 
20$1,000.
21 (3) If a minor, an at-risk person, or a prohibited person 
22obtains a firearm and uses it to injure or cause the death of a 
23person or uses the firearm in connection with a crime, the 
24civil penalty shall not exceed $10,000. 
25 (c) The court may order a person who is found in violation 
26of Section 5 to perform community service or pay restitution 
 
 
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1in lieu of the civil penalties imposed under this Section if 
2good cause is shown.
3 (d) Nothing in this Act shall be construed to preclude 
4civil liabilities for violations of this Act.
5 (e) A violation of this Act is prima facie evidence of 
6negligence per se in any civil proceeding if a minor, an 
7at-risk person, or a prohibited person obtains a firearm and 
8causes personal injury or the death of oneself or another or 
9uses the firearm in the commission of a crime. 
10 (f) An action to collect a civil penalty under this Act may 
11be brought by the Attorney General or the State's Attorney of 
12the county in which the violation occurred. Any money received 
13from the collection of a civil penalty under this Act shall be 
14deposited in the Mental Health Fund. 

15 Section 90. The Criminal Code of 2012 is amended by 
16changing Section 24-9 as follows:

17 (720 ILCS 5/24-9)
18 Sec. 24-9. Firearms; Child Protection. 
19 (a) Except as provided in subsection (c), it is unlawful 
20for any person to store or leave, within premises under his or 
21her control, a firearm if the person knows or reasonably 
22should know has reason to believe that a minor under the age of 
2318 14 years who does not have a Firearm Owners Identification 
24Card is likely to gain access to the firearm without the lawful 
 
 
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