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How Will Karina’s Bill Be Enforced
posted on 5/7/24

A wide variety of laws and regulations govern firearm ownership. Some of these laws and regulations center on owning firearms when an Order Of Protection is filed against you.

Going over the ways in which a new, yet-to-pass bill will affect firearm ownership and Orders Of Protection while speaking with a Schaumburg weapons charges defense attorney will allow you to protect your legal rights.

What Is Karina’s Bill?

A person who obtains an Order Of Protection against another person can, in doing so, obtain a firearm remedy against that individual.

If a firearm remedy is obtained, the person that the Order Of Protection is meant to protect against cannot legally possess firearms for the duration of that Order.

Just as an example, if someone accuses you of harassment or abuse, and an Emergency Order Of Protection, coupled with a firearm remedy, is granted against you, then you will need to give your firearms to someone else.

Right now, the above is true when an Order Of Protection is granted alongside a firearm remedy.

If Karina’s Bill passes, though, then things will become a little different.

You can have an Emergency Order Of Protection filed against you. And, if there is no firearm remedy within this Order Of Protection, you will not have to give up the firearms you legally own.

On the other hand, though, if an Order Of Protection is filed against you, and this Order contains a firearm remedy, then you will need to give up your firearms.

How Will Karina’s Bill Be Enforced?

To ensure that those with an Order Of Protection, paired with a firearm remedy, surrender their firearms, Karina’s Bill requires that a judge determine if there is probable cause regarding an individual’s firearm ownership.

If a judge believes there is probable cause, thereby suggesting that they own firearms, then they must issue a search warrant.

The search warrant that is issued must be executed within ninety-six hours. And, when this search warrant is issued, law enforcement will be able to come into your home, search it for firearms and, then, seize those firearms.

If you do not give up your firearms or attempt to give them to someone else, you are violating the laws and regulations of Karina’s Bill.

Many are critical of Karina’s Bill for the following reasons:

  • Emergency Orders Of Protection can be, and often are, issued without due processing, thereby preventing you from defending yourself from the claims against you while still forcing you to surrender your firearms.
  • It is unclear what will happen to the firearms you surrender; ideally, they are given back, but depending on the facts of your case, they may not be returned for a long time, or, alternatively, they could be destroyed.

The facts outlined above, among others, can and likely will make it more difficult for you to exercise your legal right to own firearms.

Get Qualified Legal Help

If you need representation for a criminal charge, Glasgow & Olsson is uniquely qualified to help you. 

When you need an attorney, experience matters. 

Speak with a Schaumburg criminal defense attorney today to learn how our experience can get you the results you deserve.