SB8 PASSED: Lock up your safety, liability for stolen firearms, and more…

Senate Bill 8 has passed both houses of the Illinois General Assembly.

Read it.

Key provisions:

Creates the Safe Gun Storage Act. Provides that a firearm owner shall not store or keep any firearm in any premises where the firearm owner knows or reasonably should know a minor without the lawful permission of the minor’s parent, guardian, or person having charge of the minor, an at-risk person, or a prohibited person is likely to gain access to the firearm unless the firearm is secured in a locked container, properly engaged so as to render the firearm inaccessible or unusable to any person other than the owner or other lawfully authorized user. Provides that if the firearm is carried by or under the control of the owner or other lawfully authorized user, then the firearm is deemed lawfully stored or kept. Provides that a violation of the Act is subject to a civil penalty not to exceed $500, except (i) 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 and (ii) 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. Provides that the court may order a person who is found in violation of the Act to perform community service or pay restitution in lieu of the civil penalties imposed under this Section if good cause is shown. Provides that nothing in the Act shall be construed to preclude civil liabilities for violations of the Act. Provides that a violation of the 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 to the death of oneself or another or uses the firearm in the commission of a crime. Provides that an action to collect a civil penalty under the Act may be brought by the Attorney General or the State’s Attorney of the county in which the violation occurred. Provides that any money received from the collection of a civil penalty under the Act shall be deposited in the Mental Health Fund. Defines terms. Amends various Acts to make conforming changes. Effective January 1, 2026.

Senate Floor Amendment No. 3
In the Safe Gun Storage Act, provides that a provision concerning the storage of firearms does not apply (1) if the minor, an at-risk person, or a prohibited person gains access to a firearm and uses it in a lawful act of self-defense or defense of another; or (2) to any firearm obtained by a minor, an at-risk person, or a prohibited person because of an unlawful entry of the premises by the minor, at-risk person, prohibited person or another person. In the amendatory changes to the Firearm Dealer License Certification Act, provides that the sign posted in a conspicuous position on the certified licensee’s premises must contain the warning that it is unlawful for the licensee to fail to report the loss or theft of the licensee’s firearm to local law enforcement within 48 (rather than 72) hours. In the amendatory changes to the Firearm Owners Identification Card Act, provides that the violation applies to a person who fails 2 or more times to report a loss or theft of a firearm within 48 hours after the discovery of such loss or theft to local law enforcement as required under the Criminal Code of 2012. In the amendatory changes to the Criminal Code of 2012 relating to a person who possesses a valid Firearm Owner’s Identification Card and who possesses or acquires a firearm who fails to report the loss or theft of the firearm to the local law enforcement agency within 48 hours after obtaining knowledge of the loss or theft, deletes a provision which specifies that, for a second or subsequent offense, the failure to report the loss or theft of the firearm within 48 hours of the discovery of such loss or theft shall result in revocation of the person’s Firearm Owner’s Identification Card. Adds a severability provision to the bill.