SB-8 & HB-850 both go to governor for his signature

Land of Lincoln gun owners:  Stand by for more gun control, sans due process, courtesy of the gun control jihadist Democrats in the General Assembly.

They bang their fists and demand gun control measures, all the while they undermine the criminal justice system with “No Cash Bail” and assorted other criminal justice reforms that handcuff police while allowing those arrested for violent felonies to roam the streets while supposedly on electronic home monitoring.

SB-8 passed both chambers.

Synopsis As Introduced
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 Committee Amendment No. 1

Amends the Gun Trafficking Information Act. Provides that the publicly available reports on an ongoing bases of crimes committed with firearms, locations where the crimes occurred, the number of persons killed or injured in the commission of the crimes shall include those crimes whether or not a stolen firearm was used in the commission of the crimes. In the Criminal Code of 2012, deletes the amendatory changes to the possession of a stolen firearm and aggravated possession of stolen firearm statutes. In the firearms trafficking statute, deletes the provision that the trier of fact may, but is not required to, infer intent to transfer or deliver from transportation on an expressway in the State in a vehicle more than one stolen or converted firearm per occupants of the vehicle. In the firearms trafficking statute, includes as an element of the offense bringing, or causing to be brought, into the State, in a vehicle on an expressway in the State, more than one assault weapon that a person is prohibited from possession under the Code, per occupants of the vehicle. Changes various dates from January 1, 2026 to January 1, 2027. Provides that the report of lost or stolen firearms shall include the Firearm Owner’s Identification Card number of the person making the report, if applicable. Provides that beginning January 1, 2027, the person who is not a federally license firearm dealer (rather than the Illinois State Police) shall check the Illinois State Police Internet-based system upon which the serial numbers of firearms that have been reported stolen are available for public access for individuals to ensure any firearms are not reported stolen prior to the sale or transfer of a firearm. Amends the Unified Code of Corrections. Provides that at the sentencing hearing the court shall make a finding of whether a firearm with a serial number reported as stolen on the Illinois State Police publicly accessible stolen firearms database was used in the commission of the offense for which the defendant is being sentenced. Provides that in cases in which the court finds that a firearm with a serial number reported as stolen on the Illinois State Police publicly accessible database was used in the commission of the offense for which the defendant is being sentenced, the clerk of the court shall, within 5 days thereafter, forward a report of such conviction to the Illinois State Police Division of Justice Services.

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.

So did HB-850.

Replaces everything after the enacting clause. Amends the Illinois State Police Law of the Civil Administrative Code of Illinois. Provides that the Illinois State Police shall conduct an analysis of the cumulative data regarding the disposition of cases involving a stolen firearm or a firearm with an obliterated serial number that was used or alleged to have been used in the commission of an offense and make that information available on the Illinois State Police publicly accessible databases. Provides that the Illinois State Police shall publish the results of its analysis in a report to the General Assembly, Governor, and Attorney General and shall make the report available on its website. Amends the Criminal Identification Act. Provides that the final disposition information that must be provided by the clerks of the circuit court to the Illinois State Police shall include for each charge in any case in which a firearm is alleged to have been used in the commission of an offense, the serial number of any firearm involved in the case, or if the serial number was obliterated, as provided by the State’s Attorney to the clerk of the circuit court at the time of disposition. Deletes the amendatory changes to the sentencing hearing provisions of the Unified Code of Corrections. Amends the Firearm Owners Identification Card Act. Provides that the Illinois State Police must deny the application or suspend or revoke a person’s Firearm Owner’s Identification Card upon receipt of a report from the Department of Human Services that an applicant or owner poses a clear and present danger. Requires the Department of Human Services to provide by rule for such a report. Makes similar changes if a law enforcement or school administrator notifies the Illinois State Police that a person poses a clear and present danger. Requires any information disclosed under the Act to be confidential. Prohibits the information from being redisclosed or used for any other purpose except as otherwise allowed by law. Provides that the identity of the reporting person, if the reporting person is a law enforcement officer or school administrator, may be disclosed only to the subject of the report if required by the Firearm Owner’s Identification Card Review Board or a court as authorized under the Act. Requires that no later than January 1, 2026, the Firearm Owner’s Identification Card Review Board must establish a process by which any person who is subject to the provisions of the Act can request expedited review from the Board. Requires that the Illinois State Police must provide the Board or any court with jurisdiction all records relevant to the request for relief. Allows the Illinois State Police and the individual seeking expedited relief to seek judicial review upon receipt of a final administrative decision under the Act. Provides that the Board, Illinois State Police, or employees and agents of the Board and Illinois State Police participating in the process under the Act may not be held liable for damages in any civil action arising from the alleged wrongful or improper granting, denying, renewing, revoking, suspending, or failing to grant, deny, renew, revoke, or suspend a Firearm Owner’s Identification Card. Provides that, if and only if Senate Bill 8 of the 104th General Assembly becomes law in the form passed by the Senate on April 10, 2025, then the Unified Code of Corrections is amended to delete from a provision concerning sentencing hearings the changes made to that provision by Senate Bill 8. Effective immediately, except that (i) some provisions take effect on January 1, 2026 and (ii) other provisions take effect immediately or upon the date Senate Bill 8 of the 104th General Assembly takes effect, whichever is later.