New Illinois Law: Firearms Restraining Order Act
There’s a new law the Governor of Illinois signed which comes into effect January 2019 – it is the Firearms Restraining Order Act. It allows a person (the petitioner) to obtain a special type of restraining order if the court finds that the respondent poses an immediate and present danger of causing
The PetitionerA petitioner can be a family member of the respondent (as defined in the Act) or a law enforcement officer. There are various requirements for notice and service of process, but In certain situations, the petitioner is able to obtain an ex-parte emergency firearms restraining order, meaning that notice would not need to be provided to the respondent prior to the hearing for this restraining order. If the court issues an emergency firearms restraining order, the court will find that there is probable cause to believe that the respondent possesses firearms, and the court will also issue a search warrant requiring police to seize the respondent's firearms. The court may, as part of that search warrant, direct the police to search the respondent's residence and other places where the court finds there is probable cause to believe the respondent is likely to possess the firearms.
The RespondentWhen the court issues an emergency firearms restraining order, the respondent shall be required: (1) to refrain from having in his or her custody or control, purchasing, possessing, or receiving additional firearms for the duration of the order; and (2) turn over their Firearm Owner's Identification Card and concealed carry license to the local police, which, if not expired, shall be returned to the respondent after the firearms restraining order is terminated or expired. A respondent who has a firearms restraining order issued against them may allow a specific person to hold the respondent*s firearms; however, the person who receives the firearms must complete an affidavit stating that he/she shall not give the firearms back to the respondent or anyone else in the respondent*s residence during the time period of the firearms restraining order. A violation of this firearms restraining order is a class A misdemeanor, meaning that the maximum punishment is 364 days in jail.