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posted on 10/27/19

Red flag gun laws have received increased attention after several recent mass shootings. These types of gun control laws make it easier for state governments to remove firearms from certain people who own them. Some members of Congress are considering creating a federal grant program that would offer incentives for more states to pass red flag gun laws.

Illinois recently passed its own red flag gun law, the Firearms Restraining Order (FRO) Act. The primary purpose of the law is to allow individuals to petition an Illinois court to remove the guns of a family or household member who they believe to be a danger to him or herself or others. If you are a gun owner or part of a gun advocacy group, it is crucial to understand Illinois’ red flag law in order to protect your rights.

I am a Gun Owner: How Could Illinois’ Red Flag Law Affect Me?

Illinois gun owners may think that their guns are safe as long as they lawfully purchase their firearms and meet all other requirements. Nonetheless, Illinois’ new red flag law jeopardizes lawful gun owners’ rights to bear arms. Under the new red flag gun law, Illinois courts have a right to remove lawfully purchased guns from their owners under certain circumstances. Family or household members of the gun owner can petition the court to remove the guns. A court will remove the gun when the judge reasonably believes that the gun owner is a danger to him or herself or others.

Potential Problems With Red Flag Gun Laws

Gun rights groups have raised concerns with Illinois’ red flag gun laws. One concern revolves around family members who could bring frivolous or false charges against a gun owner in retaliation. Some people contend that many red flag gun laws do not protect gun owners’ rights to due process.

Under the Illinois law, a family or household member who petitions the court must prove with clear and convincing evidence that the gun owner poses a significant threat. Illinois judges will consider the following types of evidence when deciding:

  • Reckless or unlawful actions on the part of the gun owner
  • History of illegal gun use or attempted unlawful gun use
  • Prior felony arrests
  • Alcohol or drug use
  • Threats of violence made against him or herself or others in person or online via text messages, social media, or email

Several Counties in Illinois Have Declared Themselves Sanctuary Cities for Gun Owners

Five Illinois counties have declared themselves sanctuary counties. These counties have stated that they will not enforce state legislation that it deems unconstitutional or that infringes on the Second Amendment right to bear arms. In addition to these counties, many Illinois residents worry that the new red flag gun laws will allow individuals to retaliate against gun owners unfairly. Family and household members can make false claims about them to punish them.

We Can Help

If you are a gun owner in Illinois or a member of a gun advocacy group and your rights have been violated, we can help. Our skilled defense have experience in litigating red flag laws and fighting for the rights of our clients. Contact our law office today to schedule your initial consultation.