Living in a threatening domestic situation can become extremely worrisome and unnerving. Family members and roommates of dangerous gun owners may fear that one day, their spouse, partner, or roommate might turn on them and use the firearms against them. Illinois’ red flag gun laws allow certain individuals and law enforcement officers to request temporary firearm restraining orders for dangerous family members or roommates.
Winning a petition for a firearm restraining order can give family members and friends a sense of relief. Potentially dangerous individuals may not own, possess, or use firearms during the time period specified in the temporary firearm restraining order.
What happens when the temporary firearm restraining order expires? How do family members seek to protect themselves near the end of the firearm restraining order?
Emergency Firearm Restraining Orders
Illinois recognizes two different types of firearm restraining orders. Emergency firearm restraining orders are available. Petitioners must file an affidavit stating that the gun owner poses an immediate and present danger of injuring himself or others by owning or possessing a firearm.
If the petitioner wins the request for an emergency firearm restraining order, the judge will order law enforcement officers to confiscate all guns for 14 to 21 days. Judges issue emergency orders in an attempt to protect at-risk individuals from imminent danger. If a petitioner wins the temporary order, he or she can seek a longer, permanent order after a full court hearing. At the conclusion of the full hearing, the judge may decide to issue a six-month firearm restraining order.
What Happens After a Petitioner Wins a Firearms Restraining Order?
When a petitioner wins an emergency or six-month firearms restraining order, the judge will issue an order. The order will direct law enforcement officials to confiscate the gun owner’s firearms as well as his or her Firearm Owners Identification Card (FOID). The gun owner will not be permitted to purchase or possess any new firearms during the period of the firearm restraining order.
Family members may become worried during the middle of the firearm restraining order period. If family members, roommates, or law enforcement officers are still concerned about the gun owner receiving his or her gun options, they can file for a renewal of the order. A firearm restraining order lasts for six months. After three months have passed, any qualified family member or roommate can petition the judge to renew the order for another six months. Petitioners will need to submit evidence as to the danger presented by the termination of the firearm restraining order.
We Can Help
If you have won a petition for a firearm restraining order, you probably feel a sense of relief. That relief may only be temporary, however. If you are worried about a loved one receiving his guns back, you have a right to file a petition for an extension of the firearm restraining order. Contact the skilled Illinois red flag law attorneys at Glasgow & Olsson today and we will discuss your legal options with you.