In layman’s terms: New Illinois law requires guns to be locked up in homes, chilling Second Amendment rights.
On July 28, Illinois Governor Pritzker signed two bills related to firearms, one of which effectively disarms Illinois residents in their homes, fines them for not locking their guns up, and chills the expression of their Second Amendment rights.
Senate Bill 8 was passed by both houses in May and requires a firearm owner to lock up his firearm if he “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.” (There is an exception if the firearms owner is carrying the firearm on his person.)
“Gun violence has plagued our children and our communities for far too long,” Pritzker said at the signing. Yet there was no explanation for how this piece of legislation would have stopped the six murders and 28 shootings that occurred on the weekend of July 19-20, one of Illinois’ deadliest weekends in recent history.
Under the Illinois criminal code, reckless endangerment or negligence statutes already apply if a minor accesses a firearm and causes injury. There is also a statute making it a felony to knowingly transfer a firearm to a person under 18. There are also child endangerment laws.
The new law does not fill a needed gap. Rather, it resembles many such calculated moves by an ardently anti-Second Amendment politician at the behest of numerous radical, left-leaning anti-gun groups designed to chill civil liberties.
As with many such laws, the problem lies in how it can be abused during enforcement due to its vagueness. Liberal prosecutors are unlikely to give much leeway on the interpretation of what “reasonably should know” means. It could also be used to punish owners whose firearms are stolen and used in crimes if they failed to secure the firearm, regardless of the theft’s circumstances.
It is also a slippery slope to further infringements, similar to what Australia did before its massive gun confiscation. Finally, it emboldens criminals who know that many will abide by the disarmament scheme due to the severe penalties attached to violations. A violation garners a penalty of $500, and up to $10,000 if a “prohibited” person obtains the firearm, causes a death, or uses it in the commission of a crime.
The new law goes into effect on Jan. 1, 2026. All 52 cosponsors (including primary sponsors) are Democrats, including 31 in the Senate and 21 in the House.
On the same day, Gov. Pritzker also signed House Bill 1373, which puts more resources toward firearms tracing designed to find the original owner of a firearm after it has been used in a crime. Such programs often predate legislation designed to punish those whose firearms have been stolen and used in a crime. The law also expands the definition of “peace officer” to include ATF investigators when investigating specific firearm-related offenses.
