We have a safe deposit box that is dormant, but is not yet presumed abandoned. We drilled the box due to the unpaid rental fees and found that it contains a gun. Could we immediately send in the gun for the State Treasurer to handle?

Yes, you may immediately report the gun and remit it to the State Treasurer, even though the presumed abandonment period for the safe deposit box has not yet passed. The current Illinois unclaimed property law permits a property holder to submit early reports for “property which he has reason to believe will be reportable in the future as unclaimed property.” When reporting and remitting firearms, the Treasurer’s website instructs holders to “contact our office and arrangements will be made to pick up the firearms.”

Note that Illinois’ new unclaimed property law — which will repeal and replace the existing law as of January 1, 2018 — also permits holders to submit early reports “before the property is presumed abandoned.” Under the new law, when making such an early report, the holder must: (1) provide evidence that it has sent the required notice to the property owner, (2) include the required report regarding the property, and (3) request and obtain the Treasurer’s consent (and this consent is deemed to have been provided once thirty days have elapsed after the Treasurer receives the request).

For resources related to our guidance, please see:

  • Uniform Disposition of Unclaimed Property Act, 765 ILCS 1025/11(g) [Repealed effective 1/1/18] (“Any person who has possession of property which he has reason to believe will be reportable in the future as unclaimed property, may report and deliver it prior to the date required for such reporting in accordance with this Section and is then relieved of responsibility as provided in Section 14.”)

  • Illinois State Treasurer, Unclaimed Property FAQs (“Do we turn over firearms found in safe deposit boxes to your office? Yes, contact our office and arrangements will be made to pick up the firearms.”)

  • Revised Uniform Unclaimed Property Act, 765 ILCS 1026/15-608(b) [Effective 1/1/18] (“A holder may pay or deliver property to the administrator before the property is presumed abandoned under this Act if the holder: (1) provides the apparent owner of the property any notice required by Section 15-501 and provides the administrator evidence of the holder’s compliance with this paragraph; (2) includes with the payment or delivery a report regarding the property conforming to Section 15-402; and (3) first obtains the administrator’s consent in a record to accept payment or delivery.”)

  • Revised Uniform Unclaimed Property Act, 765 ILCS 1026/15-608(c) [Effective 1/1/18] (“A holder’s request for the administrator’s consent under subsection (b)(3) must be in a record. If the administrator fails to respond to the request not later than 30 days after receipt of the request, the administrator is deemed to consent to the payment or delivery of the property and the payment or delivery is considered to have been made in good faith.”)