Gun Violence Restraining Order Bill Passes Both Illinois Houses

SPRINGFIELD, IL — Illinois lawmakers approved legislation that would allow family members, roommates or police to ask a judge to issue an emergency restraining order to seize guns from people determined to be dangerous. The Firearms Restraining Order Act, sponsored by Sen. Julie Morrison (D-Deerfield), passed through the Senate 43-11 on Wednesday. The House version, sponsored by Rep. Kathleen Willis (D-Northlake), passed last week with a 80-32 vote. It will be sent to the governor's desk.

Courts would be able to issue emergency lethal violence orders of protection if relatives of firearm owners or law enforcement officers file affidavits alleging that someone poses an immediate threat of harm to themselves or others with a gun. Petitioners would need to describe the type and location of any guns the subject of the order possesses.

If a judge agrees, the person must not buy or posses any guns and "turn over to the local law enforcement agency any firearm, Firearm Owner's Identification Card, or concealed carry license in his or her possession." Temporary orders of up to 14 days could be issued immediately following an emergency hearing without the gun owner being present. After a full hearing, courts would be able to issue a six-month firearms restraining order.

“We know that family members and those close to an individual displaying threatening behavior can be the difference between life and death,” Morrison said. “This proposal not only gives families the power to intervene when they see troubling behavior but it also protects the rights of individuals by ensuring due process in the court system."

Morrison said her bill could reduce the approximately 30,000 annual firearm deaths in the United States, while its opponents argue it violates the due process rights of gun owners.

“In far too many mass shooting events, family members identified disturbing behavior in their loved ones and didn’t know where to turn,” Morrison said. “In some cases, when this behavior was reported, there was no legal mechanism to step in and prevent potential tragedy.”

Co-sponsor Sen. Chris Nybo (R-Elmhurst) said he hoped the new legislation would "begin to stop future tragedies before they start" by creating an outlet for people to prevent troubled individuals from hurting themselves or carrying out acts of violence.

"With help from the public in identifying dangerous individuals, this initiative allows for law enforcement to temporarily remove the shooter's access to firearms until the court believed the threat is depleted," Nybo said. "It's a preventative measure that could save lives in Illinois."

The move to make it easier for concerned family members to report potentially dangerous relatives follows an incident last month in which an Illinois man allegedly opened fire at a Waffle House restaurant in suburban Nashville. He reportedly used a legally purchased semi-automatic rifle that his father had returned to him after his Illinois FOID card had been rescinded following a 2017 arrest at the White House.

A similar proposal sponsored by Morrison passed through the Senate in February but was never called for a vote in the House.

The Illinois Council Against Handgun Violence estimates 80 percent of people considering suicide show some indication of their intentions ahead of time, and a majority of those who carry out mass shootings were reported to display signs of dangerous behavior.

“From the killing of six people in Isla Vista, California in 2014 to the killing of 17 students and administrators in Parkland, Florida, just three months ago, we have seen time and time again situations where dangerous behavior is reported and nothing happens," said Executive Director Colleen Daley.

Gun owner advocate groups have expressed concerns that the law is too broad and suggested Illinois lawmakers were exploiting public sympathy for victims of domestic violence.

Illinois State Rifle Association Executive Director Richard Pearson described an earlier version of the bill as "just another in a long line of cynical attempts by gun controllers to weaponize important social issues to the detriment of lawful hunters and sportsmen." An NRA spokesman said the law would deprive gun owners of their constitutional due process rights.

Several states have implemented similar schemes to seize guns from those reported to be a danger to themselves or others. The Illinois plan is modeled on California's system of gun violence restraining orders, according to Morrison's office.

A study from Duke University estimated that between 50 and 100 suicides were prevented by a comparable law in Connecticut, which allows for judges to issue a civil "risk warrant" allowing guns to be confiscated for up to a year.

The Lethal Violence Order of Protection Act (House Bill 2354) will next be sent to the desk of Gov. Bruce Rauner, who has not said if he will sign it.

Related:

• Guns Could Be Taken To Prevent Violence Under New Bill
• Waffle House Victim's Family Sues Reinking's Father
• New Firearm Laws Pass Through Illinois House, Senate