Public Act 26-41 (2026): Voluntary Relinquishment of Firearms

Update: House Bill 5459 received a favorable committee report and was placed on the House calendar, but a voluntary firearm relinquishment framework was enacted as part of Public Act 26-41 (Substitute House Bill 5043), effective October 1, 2026, as amended by sections 162 and 163 of Public Act 26-68. Public Act 26-68 amendments

What Public Act 26-41 Enacted

Sections 10 and 11 of Public Act 26-41, as amended by sections 162 and 163 of Public Act 26-68, create a voluntary relinquishment process^[3]. Any individual may, at any time, deliver or surrender a firearm or ammunition to the Commissioner of Emergency Services and Public Protection, or to a local police department acting on the Commissioner's behalf, for safekeeping for a period of not less than fourteen days. The agency must exercise due care in receiving and holding the property.

Reclaiming a Surrendered Firearm

The individual may request the return of the firearm or ammunition on or after the fifteenth day after surrender, but not later than one year after that date. Within five days of the request, the agency must make the property available for retrieval if it confirms that the individual submitted the required signed form, is not otherwise disqualified from possessing the firearm or ammunition, and was legally entitled to possess it at the time of surrender. If the property is not collected within the one-year period, the agency must destroy it after giving the individual ninety days of written notice of the destruction date. The Department of Emergency Services and Public Protection must, within available appropriations, post notice of the program online within 30 days after section 163 took effect and was required to make the return-request form available by October 1, 2026. Public Act 26-68 amendments

What This Means

This is a temporary safekeeping mechanism. An individual can reclaim a firearm only if they were legally entitled to possess it at the time of surrender and remain eligible. The framework gives gun owners a lawful way to place a firearm in police custody for a period of time, for example during a personal crisis, with a defined window to reclaim it. The amended voluntary-surrender provision took effect October 1, 2026.