Safe Storage Penalties:
Civil Liability Structure

The Safe Gun Storage Act, enacted by Public Act 104-0031 and effective January 1, 2026, enforces its storage requirements through a tiered civil penalty structure. The civil penalties escalate based on the consequences that result from the storage violation. Illinois layers this civil scheme on top of a separate criminal child-protection provision. The same Public Act amended 720 ILCS 5/24-9, which makes it a Class C misdemeanor, with a fine of not less than $1,000, to store or leave a firearm within premises under a person's control when that person knows or has reason to believe that a minor under 18 without a Firearm Owners Identification Card is likely to gain access without the lawful permission of the minor's parent, guardian, or person having charge of the minor, and the minor causes death or great bodily harm with the firearm. The offense does not apply if the firearm is secured by a device or mechanism, other than the firearm safety, designed to render it temporarily inoperable, or is placed in a securely locked box or container. It also does not apply if the minor uses the firearm in lawful self-defense or defense of another, or obtains it because of unlawful entry of the premises by the minor or another person. A second or subsequent violation of 24-9 is a Class A misdemeanor. The civil and criminal regimes operate independently.^[1]

Three-Tier Penalty Structure

The Act establishes three levels of civil penalties for a storage violation, access to the firearm, and resulting harm or use in a crime.^[1]

Tier 1: General Violation, Up to $500

A firearm owner who violates Section 5 is subject to a civil penalty of up to $500 unless a higher penalty under Section 10(b)(2) or (3) applies. Section 5 requires a firearm to be secured in a locked container, properly engaged so as to render it inaccessible or unusable to anyone other than the owner or another lawfully authorized user, when 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 it in any premises. A firearm carried by or under the control of the owner or another lawfully authorized user is deemed lawfully stored or kept. This tier applies to the storage violation itself, regardless of whether any unauthorized person actually obtains the firearm. Failure to properly secure the firearm when the statutory conditions are met can trigger this penalty. If good cause is shown, the court may order a person found in violation of Section 5 to perform community service or pay restitution in lieu of the civil penalties.

Tier 2: Unauthorized Access, Up to $1,000

If a person knows or reasonably should know that a minor, at-risk person, or prohibited person is likely to gain access to a firearm belonging to or under that person's control and such a person obtains it, the civil penalty is up to $1,000. This tier requires that a minor, at-risk person, or prohibited person obtained the firearm, even if no further harm occurs. The distinction between Tier 1 and Tier 2 is the difference between the risk of access and actual access.

Tier 3: Resulting Harm or Crime, Up to $10,000

The most severe penalty applies when the person who obtains the improperly stored firearm uses it to injure or kill someone, or uses it in connection with a crime. In these cases, the civil penalty increases to up to $10,000.

Statutory Exemptions

The civil penalties under the Safe Gun Storage Act do not apply in two circumstances:

• Lawful self-defense: If the person who gains access to the improperly stored firearm uses it in lawful self-defense or defense of another person, the firearm owner is not subject to the civil penalty.
• Unlawful entry: If an ineligible person gains access to the firearm through unlawful entry, for example by breaking into the owner\'s home, the owner is not subject to the civil penalty, even if the firearm was improperly stored.

These exemptions are distinct from the rule deeming a firearm lawfully stored or kept if it is carried by or under the control of the owner or another lawfully authorized user. They address situations where a minor, an at-risk person, or a prohibited person obtains the firearm but Section 5 does not apply because of the circumstances of access or use. Both exemptions are codified in PA 104-0031.

Civil vs. Criminal Liability

Civil penalties do not themselves impose imprisonment or create a criminal conviction. The Act does not specify a burden of proof for a civil penalty collection action. ^[1]

However, the civil nature of the penalties does not prevent separate criminal charges from arising out of the same incident. If a minor obtains an unsecured firearm and uses it to commit a crime or cause injury, the firearm owner may face the civil penalty under the Safe Gun Storage Act and the person who used the firearm may face criminal charges under other provisions of the Criminal Code. The Act does not preclude other civil liabilities for its violations, and 720 ILCS 5/24-9 separately provides criminal penalties when its conditions are met.

Enforcement Mechanism

Civil penalties under the Act are imposed through enforcement actions rather than through the criminal court system. The Attorney General or the State's Attorney of the county in which the violation occurred may bring an action to collect a civil penalty.^[1]

Comparison to Other States

Some states make unsafe storage a crime. In California, negligently leaving a firearm where a child is likely to gain access is a misdemeanor, and storage that lets a child gain access and cause injury or carry the firearm in public is punishable by up to one year in county jail. Others impose felony charges when a child uses an unsecured firearm to cause death or serious injury. ^[2]