Legislative proposal would reduce gun violence, preserve owners’ rights

The Voluntary Do Not Sell Database Bill (HB 2883) proposes to amend Illinois gun laws to include the creation of a “Voluntary Do Not Sell Database,” which the Department of State Police would be required to consult before authorizing a firearm sale. This bill aims to provide a low-cost method of reducing gun violence without restricting the rights of gun owners.

The Voluntary Do Not Sell Database bill would require the Department of State Police to create and maintain a database on which individuals can voluntarily place themselves.  Under current Illinois law, the Department of State Police must run automated searches of several databases¹ before authorizing a firearms sale. This bill would simply add one more required database to consult, thereby alleviating concerns of undue burdens being placed on the Department.  If the search yields an individual listed on the database, the sale must be denied.

An individual who wishes to add himself or herself to the database would be required to submit a notarized application to the Department of State Police. Upon receipt of the application, the Department is required to immediately update the database. If an individual desires to remove himself or herself from the database, a notarized withdrawal application must be submitted to the Department. The application would be automatically approved and the individual’s name would be removed from the database seven days after receipt of the withdrawal application.  The entire process is completely voluntary; therefore, it does not restrict anyone’s right to own a gun.

This bill recognizes that some mental illnesses are highly treatable but incurable diseases, meaning that many afflicted individuals will often relapse. Such a relapse can result in harm to self or others. In Illinois, nearly 16 percent of the population has a mental illness, which is approximately 1.5 million people.² This bill would allow such an individual to prevent him or herself from purchasing a firearm during periods of relapse without fear of losing his or her right to have a gun when the illness is in remission and the risk of harm has passed.
Research shows that people battling mental illnesses would put a registry like the proposed one to use. A survey of both inpatient and outpatient individuals being treated for mental illness reported that nearly half of the respondents would be willing to utilize a registry to restrict themselves from purchasing firearms.³  This suggests that this low-cost mechanism has real potential to save lives.

There is growing support for “do not sell” registries of this sort. If Illinois passes this bill, it would make it the second state to do so. Washington State passed a similar version of this bill last year, which became effective on January 1, 2019.  Versions of this bill are also being considered in at least six different states, and recently, the American Bar Association got on board with the proposal, voting in favor to adopt a similar resolution on January 28, 2019.⁴

Angella W. Molvig, is a J.D. candidate from The University of Chicago Law School, Class of 2019.

1. The Department of State Police is required to consult the following databases: its own criminal history record information files; criminal history record information files of the FBI, including the National Instant Criminal Background Check System; and the files of the Department of Human Services. 430 ILCS 65/3.1(b).