In the state of Illinois, you’ll be required to turn over your guns to law enforcement if you have an order of protection against you. Here’s what you need to know.
If someone takes out an order of protection against you – that is, if a person gets what’s commonly called a restraining order against you for domestic battery – you have to turn over your guns to law enforcement. Under legislation passed in 2021 (HB0562), it’s a legal requirement. The law says that your Firearm Owner Identification (FOID) card must be suspended “if an order of protection, including an emergency order of protection, plenary order of protection, or interim order of protection under… the Illinois Domestic Violence Act of 1986.”
Without your FOID, you cannot own your firearms.
New Gun Requirements for Orders of Protection Since 2021
These new requirements for orders of protection are different from the old laws. Formerly, you would only have to turn over your weapons to law enforcement if you were notified that you were losing your FOID card.
The state police are now required to suspend or revoke your FOID card. Typically, you’ll have 48 hours to surrender your FOID card and your firearms.
What if There’s No Order of Protection?
If nobody has taken out an order of protection against you but you’re being accused of domestic battery, you should talk to your domestic battery defense attorney about whether you’re required to surrender your guns to law enforcement. Your lawyer will be able to let you know what you should do.
Do You Need to Talk to an Attorney About Domestic Battery DefenseIn the state of Illinois, you’ll be required to turn over your guns to law enforcement if you have an order of protection against you. Here’s what you need to know.
If you need to talk to a domestic battery defense attorney in Illinois, we’re here to help. Call us at 847-920-4540 now – we’ll be happy to give you a free consultation and talk to you about your options.
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