Signed by Governor Bruce Rauner

Vote Smart's Synopsis:

Vote to pass a bill that authorizes courts to temporarily confiscate firearms from individuals displaying signs of danger to themselves or others.

Highlights:

• Authorizes courts to issue an emergency lethal violence order of protection if a law enforcement officer or family member of a firearm owner files an affidavit alleging that the individual in possession of the firearm poses an immediate threat of harm to themself or others (Sec. 35).

• Requires the court to consider the individual's history of violence, previous restraining orders, reports of domestic violence, and any other evidence or patterns of dangerous behavior (Sec. 40).

• Requires the petition to describe the type and location of any firearm presently believed by the petitioner to be possessed or controlled by the individual in question (Sec. 35)

• Authorizes temporary orders of up to 14 days to be issued immediately following an emergency hearing without the firearm’s owner being present (Sec. 35).

• Specifies that if the court issues the protection order, the individual is prohibited from possessing any firearm and must turn over to law enforcement any firearm, Firearm Owner's Identification (FOID) card or concealed carry license in their possession (Sec. 35).

• Specifies that if the court denies issuance of the firearms restraining order, all records of the proceeding must be expunged (Sec. 55).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that authorizes courts to temporarily confiscate firearms from individuals displaying signs of danger to themselves or others.

Highlights:

• Authorizes courts to issue an emergency lethal violence order of protection if a law enforcement officer or family member of a firearm owner files an affidavit alleging that the individual in possession of the firearm poses an immediate threat of harm to themself or others (Sec. 35).

• Requires the court to consider the individual's history of violence, previous restraining orders, reports of domestic violence, and any other evidence or patterns of dangerous behavior (Sec. 40).

• Requires the petition to describe the type and location of any firearm presently believed by the petitioner to be possessed or controlled by the individual in question (Sec. 35)

• Authorizes temporary orders of up to 14 days to be issued immediately following an emergency hearing without the firearm’s owner being present (Sec. 35).

• Specifies that if the court issues the protection order, the individual is prohibited from possessing any firearm and must turn over to law enforcement any firearm, Firearm Owner's Identification (FOID) card or concealed carry license in their possession (Sec. 35).

• Specifies that if the court denies issuance of the firearms restraining order, all records of the proceeding must be expunged (Sec. 55).

Full Bill Text