The Illinois’ red flag gun law allows law enforcement officials to confiscate lawfully owned firearms temporarily. Under certain circumstances, the state can take guns that Illinois residents lawfully purchased and own. Illinois’ Firearms Restraining Order Act (FROA) became effective on January 1, 2019. The Act is Illinois’ answer to the wave of recent mass shooting events that have taken place throughout the United States.
The Act allows specifically qualified individuals to petition the court to remove guns from Illinois residents who are a threat to their safety as well as the safety of others. Many gun owners and gun groups are rightly worried about the potential for the violation of their constitutional rights. What happens after an individual file a petition to have another person’s guns taken away? What is the method for confiscating lawfully owned guns?
The Length of Motion for a Firearms Restraining Order
Not just anyone can file for a hearing. he law only allows a family member, intimate partner, roommate, or law enforcement officer to have the right to file a petition for a firearm restraining order. The petitioner can file a petition free of charge at any court in the county in which the gun owner resides. The judge must hold a hearing on the same day as the filing of the petition or on the next day that the Court is in session if it is impracticable to have the hearing on the day of filing. At the emergency hearing, the judge will review the evidence presented by the petitioner about the gun owner. The judge will then determine whether or not to issue an emergency order to confiscate the gun owner’s weapons.
Emergency Ex Parte Hearings
A court may determine that a gun owner presents an “immediate and present danger” of harming him or herself or others. If so, the court can mandate that a hearing take place the same day that the petitioner files the motion, which means the gun owner may not receive a notification. If the court grants the temporary firearm restraining order, police officers can immediately remove the gun owner’s firearms. The gun owner may petition the court for a followup hearing after two weeks has passed. Thus, a gun owner may have guns seized without even knowing that a hearing took place.
If the judge determines that the gun owner is a danger to himself or herself or others, the judge will issue a temporary firearms restraining order. The judge will also temporarily revoke the gun owner’s firearm license and issue a search warrant for the firearms currently in the gun owner’s possession. Police officers will then use this order to remove firearms from the gun owner temporarily. The gun owner cannot legally purchase any additional guns until the court reinstates his or her firearm license.
The order to temporarily remove firearms gives Illinois police the legal authority to seize all of the gun owner’s weapons and hold them for up to six months if the order is upheld. The Court will schedule a hearing no more than 14 days from the date of the issuance of the original emergency order. Should the court reinstate the gun owner’s firearm license after a full and fair hearing, the gun owner can get his or her weapons back.
We Can Help
If you have received notice that someone filed a red flag gun law petition against you, we can help. We fight hard for our clients’ constitutionally protected right to own a firearm. The attorneys at Glasgow & Olsson can help you fight for your interests before, during, and after an Illinois red flag gun law hearing. Contact us today to schedule your initial consultation.