Rep. Maura Hirschauer
Filed: 4/1/2024
 
 
 




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1
AMENDMENT TO HOUSE BILL 5065 


2 AMENDMENT NO. ______. Amend House Bill 5065 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. 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.
12 "Prohibited person" means a person ineligible under 
13federal or State law to possess a firearm.

14 Section 10. Storage of firearms. A firearm owner shall not 
15store or keep any firearm in any premises where the firearm 
 
 
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1owner knows or reasonably should know a minor, an at-risk 
2person, or a prohibited person is likely to gain access to the 
3firearm unless the firearm is secured in a locked container, 
4properly engaged so as to render the firearm inaccessible or 
5unusable to any person other than the owner or other lawfully 
6authorized user. If the firearm is carried by or under the 
7control of the owner or other lawfully authorized user, then 
8the firearm is deemed lawfully stored or kept.

9 Section 15. Penalties; violations. 
10 (a)(1) Except as otherwise provided in paragraphs (2) and 
11(3) of this subsection (a), a violation of Section 10 
12constitutes a civil penalty not to exceed $500.
13 (2) If any person knows or reasonably should know that a 
14minor, an at-risk person, or a prohibited person is likely to 
15gain access to a firearm belonging to or under the control of 
16that person, and a minor, an at-risk person, or a prohibited 
17person obtains the firearm, the civil penalty shall not exceed 
18$1,000.
19 (3) If a minor, an at-risk person, or a prohibited person 
20obtains a firearm and uses it to injure or cause the death of a 
21person or uses the firearm in connection with a crime, the 
22civil penalty shall not exceed $10,000. 
23 (b) The court may order a person who is found in violation 
24of Section 10 to perform community service or pay restitution 
25in lieu of the civil penalties imposed under this Section if 
 
 
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1good cause is shown.
2 (c) Nothing in this Section shall be construed to preclude 
3civil liabilities for violations of this Act.
4 (d) A violation of this Act is prima facie evidence of 
5negligence per se in any civil proceeding if a minor, an 
6at-risk person, or a prohibited person obtains a firearm and 
7causes personal injury to the death of oneself or another or 
8uses the firearm in the commission of a crime. 
9 (e) An action to collect a civil penalty under this Act may 
10be brought by the Attorney General or the State's Attorney of 
11the county in which the violation occurred. Any money received 
12from the collection of a civil penalty under this Act shall be 
13deposited in the Mental Health Fund. 

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

16 (720 ILCS 5/24-9)
17 Sec. 24-9. Firearms; Child Protection. 
18 (a) Except as provided in subsection (c), it is unlawful 
19for any person to store or leave, within premises under his or 
20her control, a firearm if the person knows or reasonably 
21should know has reason to believe that a minor under the age of 
2218 14 years who does not have a Firearm Owners Identification 
23Card is likely to gain access to the firearm without the lawful 
24permission of the minor's parent, guardian, or person having 
 
 
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