IllinoisLaw will punish gun access that violates domestic violence orders
Starting January 1, 2027, the law provides criminal penalties for knowingly giving someone gun access that violates specified court orders in domestic violence protection cases.
What it does
Starting January 1, 2027, knowingly giving someone guns or gun parts, or allowing access, carries criminal penalties when it violates specified court orders in domestic violence protection cases.
Starting January 1, 2027, a court may approve another person holding seized or surrendered guns. The recipient must meet safety rules and keep the restricted person from accessing them.
Starting January 1, 2027, police must try to notify the person seeking protection before requesting cancellation or more time for a gun seizure. Courts may allow an extension.
Argument forCriminal penalties could discourage people holding guns from giving a restricted person access, helping protect people covered by domestic violence orders.
Argument againstExtra time to carry out a gun seizure could leave the person seeking protection exposed to danger while police await execution.
More detail
The law prohibits knowingly giving guns or gun parts, or allowing access to them, in violation of specified court orders. The rule covers people who give guns or gun parts to the person facing the protection order, or let that person access them. The conduct must violate a court order governing guns returned to a lawful owner or transferred to another person in a protection case. A first violation is a Class A misdemeanor. A second or later violation is a Class 4 felony, a more serious crime. The law takes effect January 1, 2027.
A court may approve transferring seized or surrendered guns or gun parts to another person. This option covers guns and gun parts seized or surrendered under domestic violence protection orders. The recipient must appear in court and make promises in a sworn written statement and in open court. The recipient must live apart from the person facing the order, keep that person away from the storage location, and retain control until the court orders otherwise. The recipient must not give the items to that person or anyone living with them, and must acknowledge that prohibited transfers or access violate criminal law. The court must find that the recipient holds a valid Illinois firearm owner’s identification card and that the transfer adds no danger to protected people. The person facing the order may request a transfer at the next scheduled hearing and must notify the person seeking protection.
Police must take reasonable steps to notify the person seeking protection before asking a court to cancel a gun-seizure warrant or extend its deadline. These rules apply to warrants for seizing guns in protection cases under the Illinois Domestic Violence Act. A court may grant up to 96 additional hours to carry out the warrant. The court must weigh risks to the protected person, police, and others, along with the chance of carrying out the warrant successfully. Police must also notify the person seeking protection of any cancellation, change, or extension. If court is closed, police may seek an extension when it next meets. An extension runs from the original deadline or the extension order, whichever is later.
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Where it stands
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Jul 31Public Act . . . . . . . . . 104-0721Latest
- Jul 31Effective Date January 1, 2027
- Jul 31Governor J. B. Pritzker ApprovedBecame Law
- Jun 18Sent to the GovernorTo Governor
- May 26Added as Co-Sponsor Sen. Javier L. Cervantes
- May 21Added Alternate Co-Sponsor Rep. Suzanne M. Ness
- Vote recorded Third Reading. Result: pass.Lower
- May 21Added Alternate Co-Sponsor Rep. Debbie Meyers-Martin
- May 21Passed Both Houses
- May 21Third Reading - Short Debate - Passed 078-028-000Passed House
- May 21Added Alternate Co-Sponsor Rep. Tracy Katz Muhl
- May 21Added Alternate Co-Sponsor Rep. Marcus C. Evans, Jr.
- May 19Placed on Calendar Order of 3rd Reading - Short Debate
- May 19Second Reading - Short DebateMinor
- May 14Placed on Calendar 2nd Reading - Short DebateMinor
- May 13Do Pass / Short Debate Gun Violence Prevention Committee; 009-005-000
- Vote recorded Do Pass. Result: pass.Lower
- May 12Added Alternate Chief Co-Sponsor Rep. Edgar González, Jr.
- May 7Committee Deadline Extended-Rule 9(b) May 15, 2026
- May 7Added Alternate Co-Sponsor Rep. Kelly M. Cassidy
- May 7Added as Co-Sponsor Sen. Laura M. Murphy
- May 5Assigned to Gun Violence Prevention CommitteeMinor
- May 5Referred to Rules Committee
- May 5First ReadingMinor
- Apr 30Chief House Sponsor Rep. Maura Hirschauer
- Apr 29Arrived in HouseMinor
- Vote recorded Third Reading. Result: pass.Upper
- Apr 29Third Reading - Passed; 042-012-000Passed Senate
- Apr 17Rule 2-10 Third Reading Deadline Established As May 8, 2026
- Apr 16Placed on Calendar Order of 3rd Reading April 28, 2026
- Apr 16Second ReadingMinor
- Apr 15Placed on Calendar Order of 2nd Reading April 16, 2026Minor
- Vote recorded Do Pass, Amendment 1. Result: pass.Upper
- Vote recorded Do Pass. Result: pass.Upper
- Apr 15Do Pass as Amended Executive; 010-002-000
- Apr 15Senate Committee Amendment No. 1 AdoptedMajor
- Apr 14Senate Committee Amendment No. 1 Assignments Refers to Executive
- Apr 14Senate Committee Amendment No. 1 Referred to Assignments
- Apr 14Senate Committee Amendment No. 1 Filed with Secretary by Sen. Celina VillanuevaMinor
- Mar 27Rule 2-10 Committee Deadline Established As April 24, 2026
- Mar 13Rule 2-10 Committee Deadline Established As March 27, 2026
- Mar 10Assigned to ExecutiveMinor
- Feb 3Referred to Assignments
- Feb 3First ReadingMinor
- Feb 3Filed with Secretary by Sen. Celina VillanuevaIntroduced
Gun PolicyCriminal JusticePublic Safety