Bill Text: IL HB4401 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 2012. Creates the offense of criminal firearm negligence. Provides that a person commits the offense when: (1) the person owns, possesses, or controls a firearm; (2) the person knows or reasonably should know that a prohibited person resides in or regularly accesses the premises; (3) the person fails to securely store the firearm as required by law; and (4) the prohibited person gains access to the firearm. Establishes penalties for violation. Provides that the provision does not apply to (1) firearms secured in compliance with applicable safe storage laws; or (2) circumstances in which the firearm was accessed through unlawful entry or theft. Provides that the provision shall be construed in conjunction with existing civil penalties under the handgun safety devices statute and does not preclude the imposition of civil fines if applicable. Defines "prohibited person".

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2026-01-14 - Referred to Rules Committee [HB4401 Detail]

Download: Illinois-2025-HB4401-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026HB4401 Introduced , by Rep. Gregg Johnson SYNOPSIS AS INTRODUCED:
720 ILCS 5/24-9.6 new
Amends the Criminal Code of 2012. Creates the offense of criminal firearm negligence. Provides that a person commits the offense when: (1) the person owns, possesses, or controls a firearm; (2) the person knows or reasonably should know that a prohibited person resides in or regularly accesses the premises; (3) the person fails to securely store the firearm as required by law; and (4) the prohibited person gains access to the firearm. Establishes penalties for violation. Provides that the provision does not apply to (1) firearms secured in compliance with applicable safe storage laws; or (2) circumstances in which the firearm was accessed through unlawful entry or theft. Provides that the provision shall be construed in conjunction with existing civil penalties under the handgun safety devices statute and does not preclude the imposition of civil fines if applicable. Defines "prohibited person".
LRB104 17697 RLC 31128 b
A BILL FOR
HB4401 LRB104 17697 RLC 31128 b
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 adding
Section 24-9.6 as follows:
(720 ILCS 5/24-9.6 new)
Sec. 24-9.6. Firearm access by prohibited persons.
(a) In this Section, "prohibited person" has the meaning
ascribed to the term in Section 10 of the Safe Gun Storage Act.
(b) A person commits criminal firearm negligence when:
(1) the person owns, possesses, or controls a firearm;
(2) the person knows or reasonably should know that a
prohibited person resides in or regularly accesses the
premises;
(3) the person fails to securely store the firearm as
required by law; and
(4) the prohibited person gains access to the firearm.
(c) Sentence.
(1) Except as otherwise provided in paragraphs (2) and
(3) of this subsection, a violation of subsection (b) is a
Class A misdemeanor.
(2) A violation of subsection (b) is a Class 4 felony
if the firearm is used in the commission of a criminal

HB4401 - 2 - LRB104 17697 RLC 31128 b
offense.
(3) A violation of subsection (b) is a Class 3 felony
if the use of the firearm results in death or great bodily
harm to another person.
(d) This Section does not apply to:
(1) firearms secured in compliance with applicable
safe storage laws; or
(2) circumstances in which the firearm was accessed
through unlawful entry or theft.
(e) This Section shall be construed in conjunction with
existing civil penalties under Section 24-9.5 and does not
preclude the imposition of civil fines if applicable.