Orders of Protection and Firearms

firearms, Arlington Heights domestic violence lawyerThe Second Amendment to the U.S. Constitution states, “A well regulated militia, being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed.” In recent years, this right has been the subject of much debate, especially in regard to certain types of firearms. Regardless of where you may stand on the issue of gun rights/gun control, there have been many federal and state laws passed throughout the years that, in effect, limit who may purchase or possess or firearm so as to protect the safety of the public at large.

In 2012, a law went into effect in Illinois that made it illegal for a person who is the subject of an order of protection to possess a firearm. The prohibition applies even if the individual has already qualified for and received a Firearm Owner’s Identification (FOID) card from the Illinois State police.

Turning Over Your FOID Card and Guns

If you have been named as an alleged abuser in any type of order of protection in Illinois, you will not be eligible to obtain an FOID while the order is in effect. If you already have an FOID, you are required to hand it over to your local law enforcement agency—e.g. the police department in your city, town, or village. Under Illinois law, the agency will then send your FOID to the Illinois State Police for safekeeping until your order is lifted or expires.

Similarly, the court will issue a warrant authorizing the seizure of any firearms that you currently own. Your local police department will hold them for you for the duration of the order. If you are a peace officer yourself, you must surrender any duty-related firearms to your supervisor until the order of protection is lifted.

Getting Your Things Back

Once the order of protection expires or is lifted by the court, you will have the opportunity to get your firearms and FOID returned to you. This, of course, assumes that you have not committed any acts that would prohibit you from holding an FOID or possession under state or federal laws. For example, violating your order of protection or being convicted of a domestic violence-related crime could lead to the forfeiture of your FOID and firearms.

It is your responsibility to notify the local police department and the Illinois State Police that your order is no longer in effect. If your FOID is not expired, it will be returned to you, as will any guns being held by the local police.

Understanding Your Rights

If you have been named as the subject of an order of protection and you are concerned about your rights regarding firearms, contact an experienced Arlington Heights domestic violence attorney. Call 847-253-3100 for a free consultation at Cosley Law Office today.






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