Vote Smart's Synopsis:

Vote to pass a bill that establishes restraining orders for firearms, ammunition, and weapons parts.

Highlights:

• Defines "firearms restraining order" as an order issued by the court, prohibiting and enjoining a named person from having in his or her custody or control, purchasing, possessing, or receiving any firearms or ammunition, or removing firearm parts that could be assembled to make an operable firearm (Sec. 5).

• Establishes the Commission on Implementing the Firearms Restraining Order Act which will be composed of at least 12 members to advise on the strategies of education and implementation of the Firearms Restraining Order Act (Sec. 10.a).

• Requires an annual report to be submitted to the General Assembly by the Commission that may include summary information about firearms restraining order use by county, challenges to Firearms Restraining Order Act implementation, and recommendations for increasing and improving implementation (Sec. 10.d).

• Requires the Illinois Law Enforcement Training Standards Board to develop and approve a standard curriculum for a training program on the Firearms Restraining Order Act. The Board will conduct a training program that trains officers on the use of firearms restraining orders, how to identify situations in which a firearms restraining order is appropriate, and how to safely promote the usage of the firearms restraining order in a domestic violence situation (Sec. 7.1.a).

• Authorizes a petition for a firearms restraining order to be filed in (Sec. 10.b):

• Any county where the respondent resides; or

• Any county where an incident occurred that involved the respondent posing an immediate and present danger of causing personal injury to the respondent or another by having in his or her custody or control, or purchasing, possessing, or receiving, a firearm, ammunition, or firearm parts that could be assembled to make an operable firearm.

• Requires an emergency firearms restraining order to include the following (Sec. 35.g):

• The respondent to refrain from having in his or her custody or control, purchasing, possessing, or receiving additional firearms, ammunition, or firearm parts that could be assembled to make an operable firearm, or removing firearm parts that could be assembled to make an operable firearm for the duration of the order; and

• The respondent to turn over to the local law enforcement agency any Firearm Owner's Identification Card and concealed carry license in his or her possession.

• Requires the person petitioning for the return of his or her firearm, ammunition, and firearm parts that could be assembled to make an operable firearm must swear or affirm by affidavit that he or she (Sec. 35.h-6-2): 

• Is the lawful owner of the firearm, ammunition, and firearm parts that could be assembled to make an operable firearm; 

• Shall not transfer the firearm, ammunition, and firearm parts that could be assembled to make an operable firearm to the respondent; and 

• Will store the firearm, ammunition, and firearm parts that could be assembled to make an operable firearm in a manner that the respondent does not have access to or control of the firearm, ammunition, and firearm parts that could be assembled to make an operable firearm.

• Requires the transferee who receives the respondent's firearms, ammunition, and firearm parts that could be assembled to make an operable firearm to swear or affirm by affidavit that he or she will not transfer the firearm, ammunition, and firearm parts that could be assembled to make an operable firearm to the respondent or to anyone residing in the same residence as the respondent (Sec. 40.i-5).

Full Bill Text