Illinois Senate Bill SB3148

Illinois 2023-2024 Regular Session

• Introduced: 2/6/24
• Refer: 2/6/24
• Refer: 2/28/24

Caption

VOLUNTARY DO NOT SELL FIREARMS

Impact

The legislation, if enacted, could significantly alter the landscape of firearm ownership in Illinois by providing a formal and confidential process for individuals concerned about their mental health or personal circumstances to relinquish their rights to buy firearms. This act aims to balance public safety while respecting the privacy and autonomy of individuals. Notably, the act prohibits any disclosure of the records, except to law enforcement agencies, thus upholding the confidentiality of those who choose to waive their firearm rights.

Summary

SB3148, known as the Voluntary Do Not Sell Firearms Act, proposes a system whereby individuals may voluntarily waive their rights to purchase firearms. This waiver can be filed with the clerk of the court in any Illinois county and can be submitted either in writing or electronically. To ensure the identity of the person filing the waiver, a physical or scanned copy of photo identification is required. Furthermore, individuals filing this waiver have the option to provide contact details for family members or professionals who may be notified if a further attempt to purchase a firearm occurs while the waiver is in effect.

Contention

Despite its aim to enhance public safety, the bill may face opposition based on concerns regarding individual rights and the potential for misuse. Some critics may argue that voluntary waivers could be perceived as a stigma on individuals who seek help for mental health issues, while others may contend that such a waiver system could complicate the existing network of firearm regulations. Moreover, questions may arise about the effectiveness of a voluntary waiver when considering the broader issues of gun violence and public safety.

Provisions

The act allows for the revocation of the voluntary waiver no sooner than 21 days after it has been filed, requiring individuals who wish to regain their rights to also engage in a formal process. The legislation additionally amends the Freedom of Information Act to align with its mandates, ensuring that the confidentiality of these records is preserved. This bill is set to take effect on January 1, 2025, pending legislative approval.