HB2965 104TH GENERAL ASSEMBLY

LRB104 12112 JDS 22211 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB2965

Introduced 2/6/2025, by Rep. Tracy Katz Muhl

SYNOPSIS AS INTRODUCED:

720 ILCS 5/24-4.1

Amends the Criminal Code of 2012. Provides that, if a firearm that has been lost or stolen is found by a law enforcement officer, whether or not the firearm has been reported by its previous possessor as lost or stolen to the local law enforcement agency within the time period required by this provision, the law enforcement agency, upon the identification of the previous possessor of the firearm, shall issue a citation for which a penalty shall be set at $500 for a first offense and $1,000 for a second offense. Provides that, if the offender fails to pay the fine, the offender forfeits the lost or stolen firearm and the offender's Firearm Owner's Identification Card and concealed carry license, if any have been issued to the offender, are revoked. Provides that after 3 lost or stolen firearms, the court shall revoke the person's Firearm Owner's Identification Card and concealed carry license if issued to the person. Provides that any person whose Firearm Owner's Identification Card or concealed carry license is revoked as a result of this provision shall surrender all the person's firearms, the person's Firearm Owner's Identification Card, and the person's concealed carry license to the local law enforcement agency. Allows mitigating circumstances to be considered when imposing penalties.

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Criminal Code of 2012 is amended by changing Section 24-4.1 as follows:

(720 ILCS 5/24-4.1)

Sec. 24-4.1. Report of lost or stolen firearms.

(a) If a person who possesses a valid Firearm Owner's Identification Card and who possesses or acquires a firearm thereafter loses the firearm, or if the firearm is stolen from the person, the person must report the loss or theft to the local law enforcement agency within 72 hours after obtaining knowledge of the loss or theft.

(b) A law enforcement agency having jurisdiction shall take a written report and shall, as soon as practical, enter the firearm's serial number as stolen into the Law Enforcement Agencies Data System (LEADS).

(c) A person shall not be in violation of this Section if:

(1) the failure to report is due to an act of God, act of war, or inability of a law enforcement agency to receive the report;

(2) the person is hospitalized, in a coma, or is otherwise seriously physically or mentally impaired as to prevent the person from reporting; or

(3) the person's designee makes a report if the person is unable to make the report.

(c-1) If a firearm that has been lost or stolen is taken into possession by a law enforcement officer, whether or not the firearm has been reported by its previous possessor as lost or stolen to the local law enforcement agency within the time period required by subsection (a), the law enforcement agency, upon the identification of the previous possessor of the firearm, shall issue a citation for which a penalty shall be set at $500 for a first offense and $1,000 for a second offense. If the offender fails to pay the fine, the offender forfeits the lost or stolen firearm and the offender's Firearm Owner's Identification Card and concealed carry license, if any have been issued to the offender, are revoked. After 3 lost or stolen firearms, the court shall revoke the person's Firearm Owner's Identification Card and concealed carry license if issued to the person. Any person whose Firearm Owner's Identification Card or concealed carry license is revoked as a result of this subsection (c-1) shall surrender all the person's firearms, Firearm Owner's Identification Card, and concealed carry license to the local law enforcement agency. Mitigating circumstances, including, but not limited to, a timely filed report of a lost or stolen firearm, may be considered in reducing the penalty.

(d) Sentence. A person who violates this Section is guilty of a petty offense for a first violation. A second or subsequent violation of this Section is a Class A misdemeanor.

(Source: P.A. 98-508, eff. 8-19-13.)