A firearm remedy is a legal rule that can be paired with an Order Of Protection. Someone with an Order Of Protection and a firearm remedy against them cannot legally own a firearm.
Going over what a firearm remedy is and how it applies to an Order Of Protection while speaking with a Schaumburg weapons charges defense attorney, will allow you to protect your rights.
What Is An Order Of Protection?
The definition of an Order Of Protection is as follows: an order issued by a court and signed by a judge that is meant to protect victims from harassment and abuse.
If someone has an Order Of Protection filed against them, and if it passes, then their actions are restricted as a result of that Order Of Protection.
Just as an example, if someone files and Order Of Protection, then you may be ordered to stay away from the person who filed the Order, while also undergoing counseling.
A number of different Orders Of Protection exist. The Order Of Protection this article is primarily focused on is an Emergency Order Of Protection.
What Is An Emergency Order Of Protection?
To protect those who have been harassed or abused, the Illinois Courts allow victims to file for and obtain an Emergency Order Of Protection without having to inform the person whom they are seeking an Order against.
If, for example, someone accuses you of abuse, then you can have an Emergency Order Of Protection filed against you without you ever being aware of it, much less being able to defend yourself from the accusations.
The standard length of an Emergency Order Of Protection is fourteen to twenty-one days. During this time, you must abide by the restrictions outlined within the Emergency Order Of Protection.
What Is A Firearm Remedy?
A firearm remedy is a rule that prevents someone from legally owning/possessing firearms while the Order Of Protection against them is active.
Returning to our earlier example, if you were accused of abuse, then, during the two or three weeks the Order against you is active, you must surrender your firearms to someone with a valid Firearm Owner’s Identification Card.
A failure to do the above is, technically, a legal violation. Even though this is true, it is applied in a somewhat uneven manner, meaning that many of those who have Orders against them never surrender their firearms.
What Is Karina’s Bill?
Karina’s Bill is a bill that, if passed, will force anyone who has an Order Of Protection against them, coupled with a firearm remedy, to surrender their firearms.
To facilitate this, Karina’s Bill requires the court to issue a search warrant after an Order Of Protection has passed, which must be executed within ninety-six hours.
If you have any firearms, then, as per this search warrant and Karina’s Bill, they will be taken by law enforcement as a result of the Order Of Protection that was filed against you.
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