Safe Gun Storage Act:
Requirements Effective January 2026

Illinois enacted the Safe Gun Storage Act through SB 0008, signed by Governor Pritzker in July 2025. Codified at 430 ILCS 64 (also amending 720 ILCS 5/24-9), the law took effect on January 1, 2026. The Act imposes affirmative storage obligations on firearm owners when the owner knows or reasonably should know that certain categories of persons are likely to gain access to the firearm.^[2]

Core Storage Requirement

Under 430 ILCS 64/5, a firearm owner shall not store or keep any firearm in any premises where the owner knows or reasonably should know that 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 or is carried by or under the control of its owner or another lawfully authorized user.^[2]

• Locked container: The firearm must be secured in a locked container, properly engaged to render the firearm inaccessible or unusable to anyone other than the owner or another lawfully authorized user
• Owner or authorized user control A firearm carried by or under the control of its owner or another lawfully authorized user is deemed lawfully stored or kept

The law uses a "knows or reasonably should know" standard, so the requirement applies both when the owner knows and when the owner reasonably should know that a minor without lawful permission, an at-risk person, or a prohibited person is likely to gain access to the firearm.

Key Definitions

The Act establishes specific definitions for the categories of persons whose potential access triggers the storage obligation:^[2]

• Minor: A person under 18 years of age, excluding a member of the United States Armed Forces or the Illinois National Guard
• At-risk person: 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
• Prohibited person Any individual who is prohibited from possessing a firearm under Illinois state law or federal law. This includes people with felony or domestic violence convictions, or orders of protection, that bar firearm possession under state or federal law, including 430 ILCS 65/8 or 18 U.S.C. 922(g). It excludes a person who is otherwise eligible to own a firearm under the FOID Act but lacks a FOID card at the time of the violation

Scope of the Obligation

The Act defines premises to include any land, building, structure, vehicle, or place directly or indirectly under the control of the firearm owner. This includes the owner's primary residence, secondary residences, vacation homes, and vehicles under the owner's control. The Act bars both storing and keeping a firearm in premises where the owner knows or reasonably should know a covered person is likely to gain access, so the obligation is not limited to the moment of initial storage.^[3]

What Qualifies as a Locked Container

The Act does not prescribe specific container brands or models but requires a locked container properly engaged to render the firearm inaccessible or unusable to anyone other than the owner or another lawfully authorized user. Gun safes, lockboxes, lock-equipped gun cabinets, and other containers qualify when their locks are properly engaged to render the firearm inaccessible or unusable to anyone other than the owner or another lawfully authorized user. A closed but unlocked drawer, a closet shelf, or an unlocked vehicle glove compartment would not satisfy the requirement.^[2]

Trigger and Cable Locks

The separate criminal child-access statute at 720 ILCS 5/24-9 allows a device or mechanism other than the firearm safety that is designed to render the firearm temporarily inoperable. Section 5 of the Safe Gun Storage Act (430 ILCS 64/5) does not mention that device alternative and names a locked container. Federal law generally requires licensed dealers to provide a secure gun storage or safety device when transferring a handgun to a person who is not a licensee, subject to statutory exceptions.^[2]

Exceptions

The Act includes limited exceptions to the storage requirement. A firearm that is carried by or under the control of its owner does not need to be in a locked container. This means a firearm being actively worn in a holster by a CCL holder, or a firearm under the control of its owner or another lawfully authorized user during use at a shooting range, does not need to be locked in a container. A firearm carried by or under the control of the owner or another lawfully authorized user is deemed lawfully stored or kept. Section 5 also does not apply in two further situations. It does not apply to any firearm obtained by a minor, an at-risk person, or a prohibited person because of an unlawful entry of the premises (such as a burglary) by that person or another person. It also does not apply if a 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. These exceptions are codified in 430 ILCS 64/5, enacted by Public Act 104-0031.^[3]

Civil Penalties

Violations of the Safe Gun Storage Act's storage requirements carry civil penalties, not criminal penalties, under Section 10(b) of Public Act 104-0031. The penalty structure is tiered based on the consequences of the violation:^[1]

• Basic storage violation: Civil penalty not to exceed $500
• If the owner knows or reasonably should know that a minor, an at-risk person, or a prohibited person is likely to gain access, and such a person obtains the firearm: Civil penalty not to exceed $1,000
• If a minor, an at-risk person, or a prohibited person obtains the firearm and uses it to injure or cause the death of a person, or uses it in connection with a crime: Civil penalty not to exceed $10,000

Courts may order community service or restitution instead of civil penalties if good cause is shown. The penalties are civil. 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. Separate criminal liability may arise under 720 ILCS 5/24-9 when a person knows or has reason to believe a minor under 18 without a FOID card is likely to gain access without lawful permission, leaves the firearm unsecured under that section, and the minor causes death or great bodily harm, subject to the section's exceptions.

Negligence Per Se

The negligence-per-se evidence rule can apply when a minor, an at-risk person, or a prohibited person obtains the firearm and uses it in a crime, even without injury or death. A violation of the Act is prima facie evidence of negligence per se in a 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. A storage violation can carry a civil penalty without injury or death, but lack of injury or death alone does not exclude the negligence-per-se evidence rule when a covered person obtains the firearm and uses it in a crime. In a civil lawsuit arising from an incident covered by Section 10(e), the storage violation is prima facie evidence of negligence per se.^[1]

Lost and Stolen Firearm Reporting

Public Act 104-0031 also tightened Illinois's lost and stolen firearm reporting requirement. A person who holds a valid FOID card and possesses or acquires a firearm must report its loss or theft to the local law enforcement agency within 48 hours after obtaining knowledge of the loss or theft. The reporting duty is in 720 ILCS 5/24-4.1. The FOID Act (Section 7.10) and Concealed Carry Law (Section 56) require ISP notices of that duty, and the dealer code (Section 5-20) requires dealer warnings and notices. The prior reporting window was 72 hours.^[1]

The 48-hour window runs from when the owner obtains knowledge of the loss or theft, not from when the firearm actually went missing. An owner who does not realize a firearm was stolen until a week after the fact would have 48 hours from the moment of discovery, not 48 hours from the date of the theft.

Legislative Context

Before SB 0008, Illinois had a statewide child-protection storage statute under 720 ILCS 5/24-9. Some municipalities, including Chicago, had local ordinances requiring secure storage, alongside the existing statewide child-protection storage statute. The Safe Gun Storage Act binds a firearm owner in any premises in the state. Governor Pritzker signed the bill on July 28, 2025, together with HB 1373, which requires every law enforcement agency in Illinois to participate in the federal firearm tracing platform eTrace.^[4]

Interaction with Other Illinois Laws

The child access prevention provisions of the Safe Gun Storage Act operate alongside other Illinois statutes that address minors and firearms. Under the FOID Act (430 ILCS 65), applicants under 21, including minors, generally need written consent from a parent or legal guardian to possess and acquire firearms and ammunition. The parent or guardian must file an affidavit stating that they are not prohibited from having a FOID card. Eligible under-21 active-duty members of the U.S. Armed Forces or Illinois National Guard may qualify without parental consent if they annually submit proof to the Illinois State Police in the manner it prescribes. The Safe Gun Storage Act adds a storage obligation alongside these possession rules. The FOID Act generally requires a card for firearm possession but exempts unemancipated minors in the custody and immediate control of a parent, legal guardian, or person in loco parentis who holds a valid FOID card.^[5]

Supervised Use by Minors

The Act's storage requirement covers a minor only when the minor is likely to gain access to the firearm without the lawful permission of the minor's parent, guardian, or person having charge of the minor. The FOID Act exempts from its card requirement a person who is otherwise eligible to obtain a FOID card and is under the direct supervision of a FOID card holder who is 21 years of age or older while on a firing or shooting range or while a participant in a firearms safety and training course recognized by a law enforcement agency or a national, statewide shooting sports organization. It also exempts resident hunters who are properly authorized to hunt and, while accompanied by a FOID card holder, hunt in an area within a commercial club licensed under the Wildlife Code where hunting is permitted and controlled. A firearm carried by or under the control of its owner or another lawfully authorized user is deemed lawfully stored or kept. A parent who takes a child to a shooting range and stores or keeps the firearm in premises where a minor without lawful permission, an at-risk person, or a prohibited person is likely to gain access must keep the firearm under the control of the owner or another lawfully authorized user, or secure it in a locked container as the Act requires.^[5]

Interaction with PICA Grandfathered Weapons

If you possess grandfathered assault weapons covered by an endorsement affidavit, PICA permits possession on private property you own or immediately control, on other private property closed to the public with the owner's or controller's express permission, at a licensed dealer or gunsmith for lawful repair, at a properly licensed firing range or sport shooting competition venue for legal use, or while traveling to or from these locations under its transport conditions. The Safe Gun Storage Act's secure storage requirements apply on top of PICA's possession restrictions.^[6]