The Illinois General Assembly passed legislation during the lame-duck session that would allow for a judge to order a search of the house for any firearms when an Order of Protection is filed, explains State Representative of the 71st District Dan Swanson:
“If someone files an Order of Protection against their spouse or someone they are living with over abuse, they file that Order of Protection and now when they go to the courts, person the Order of Protection is filed against doesn’t go that first time, but the judge, the language is shall order a search of the house for any type of guns without any notification of that gunowner themselves. Then it goes through a process where the home has to be searched within 96 hours. It isn’t for up to two weeks until that individual is notified that this Order of Protection is filed against them, gone through their house and taken the guns. It isn’t up until that time the individual can say ‘wait a minute, where’s my rights, where’s my protections.’ They can change ownership of those guns from the police station to a family member. Now we go through the process of their FOID card being automatically voided, go through that long two to six months process of getting their FOID card back once the Order of Protection is released.”
Karina’s Bill, more commonly known as the Red Flag Bill, now heads to Governor Pritzker’s desk.
