(This Section may contain text from a Public Act with a delayed effective date)
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/il/chapter-430/act-64/this-section-may-contain-text-from-a-public-act-with-a-delayed-effective-date·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(This Section may contain text from a Public Act with a delayed effective date)
Sec. 10. Penalties; violations.
(a)In this Act:
"At-risk person" means a person who has made statements or exhibited behavior that indicates to a reasonable person there is a likelihood that the person is at risk of attempting suicide or causing physical harm to oneself or others.
"Minor" means a person under 18 years of age; however, "minor" does not include a member of the United States Armed Forces or the Illinois National Guard.
"Premises" includes any land, building, structure, vehicle, or place directly or indirectly under the control of the firearm owner.
"Prohibited person" means a person ineligible under federal or State law to possess a firearm. "Prohibited person" does not include a person who is otherwise eligible to own a firearm pursuant to the Firearm Owners Identification Card Act but does not, at the time of the violation, have a Firearm Owner's Identification Card.
(b)(1) Except as otherwise provided in paragraphs
(2)and
(3)of this subsection (b), a violation of Section 5 is subject to a civil penalty not to exceed $500.
(2)If any person knows or reasonably should know that a minor, an at-risk person, or a prohibited person is likely to gain access to a firearm belonging to or under the control of that person, and a minor, an at-risk person, or a prohibited person obtains the firearm, the civil penalty shall not exceed $1,000.
(3)If a minor, an at-risk person, or a prohibited person obtains a firearm and uses it to injure or cause the death of a person or uses the firearm in connection with a crime, the civil penalty shall not exceed $10,000.
(c)The court may order a person who is found in violation of Section 5 to perform community service or pay restitution in lieu of the civil penalties imposed under this Section if good cause is shown.
(d)Nothing in this Act shall be construed to preclude civil liabilities for violations of this Act.
(e)A violation of this Act is prima facie evidence of negligence per se in any civil proceeding if a minor, an at-risk person, or a prohibited person obtains a firearm and causes personal injury or the death of oneself or another or uses the firearm in the commission of a crime.
(f)An action to collect a civil penalty under this Act may be brought by the Attorney General or the State's Attorney of the county in which the violation occurred. Any money received from the collection of a civil penalty under this Act shall be deposited in the Mental Health Fund.