101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3711
 
Introduced 2/14/2020, by Sen. Laura Ellman
 
SYNOPSIS AS INTRODUCED:



720 ILCS 5/24-9.1 new
720 ILCS 5/24-9 rep.

 Amends the Criminal Code of 2012. Provides that it is unlawful for a person to store or keep any firearm that has moved in, or that has otherwise affected, interstate or foreign commerce on the premises of a residence under the control of the person if the person knows, or reasonably should know, that: (1) a minor is likely to gain access to the firearm without the permission of the parent or guardian of the minor; or (2) a resident of the residence is ineligible to possess a firearm under federal, State, or local law. Provides exemptions for safe storage of the firearm. Provides that a person who commits a violation is guilty of a petty offense and shall be fined $500 per violation. Provides that if a person violates this provision and a minor or a resident who is ineligible to possess a firearm under federal, State, or local law obtains the firearm and causes injury or death to the minor, resident, or any other individual, the person is guilty of a Class 2 felony. Provides that any firearm stored in violation of this provision is subject to seizure and forfeiture. Repeals provisions relating to child protection.



LRB101 20203 RLC 69743 b


CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
 
 
A BILL FOR
 


SB3711LRB101 20203 RLC 69743 b



1 AN ACT concerning criminal law.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 1. This Act may be referred to as Ethan's Law. 

5 Section 5. The Criminal Code of 2012 is amended by adding 
6Section 24-9.1 as follows:

7 (720 ILCS 5/24-9.1 new)
8 Sec. 24-9.1. Secure firearm storage by owners.
9 (a) Except as provided in subsection (b), it is unlawful 
10for a person to store or keep any firearm that has moved in, or 
11that has otherwise affected, interstate or foreign commerce on 
12the premises of a residence under the control of the person if 
13the person knows, or reasonably should know, that:
14  (1) a minor is likely to gain access to the firearm 
15 without the permission of the parent or guardian of the 
16 minor; or
17  (2) a resident of the residence is ineligible to 
18 possess a firearm under federal, State, or local law.
19 (b) This Section does not apply to a person if the person:
20  (1) keeps the firearm:
21   (A) secure using a secure gun storage or safety 
22 device; or
 
 
SB3711- 2 -LRB101 20203 RLC 69743 b


1   (B) in a location that a reasonable person would 
2 believe to be secure; or
3  (2) carries the firearms on his or her person or within 
4 such close proximity thereto that the person can readily 
5 retrieve and use the firearm as if the person carried the 
6 firearm on his or her person.
7 (c) Any person who violates subsection (a) is guilty of a 
8petty offense and shall be fined $500 per violation.
If a 
9person violates subsection (a) and a minor or a resident who is 
10ineligible to possess a firearm under federal, State, or local 
11law obtains the firearm and causes injury or death to the 
12minor, resident, or any other individual, the person is guilty 
13of a Class 2 felony.
14 (d) Any firearm stored in violation of subsection (a) is 
15subject to seizure and forfeiture. 


16 (720 ILCS 5/24-9 rep.)
17 Section 10. The Criminal Code of 2012 is amended by 
18repealing Section 24-9.