Illinois Gov. Bruce Rauner (R) signed a so-called “red flag” measure into law on Monday, which allows firearms to be temporarily confiscated from people who a judge determines are dangerous.
With the governor’s signature, Illinois is now one of more than a dozen states[1] with red flag laws in place, including at least eight that have passed legislation as a response to the February shooting in Parkland, Florida.
Under Illinois’ HB 2354[2], law enforcement, family members, dating partners and roommates can petition a judge to issue a “firearms restraining order” that would allow law enforcement to temporarily remove guns from individuals that are found to pose a danger to themselves or others.
A judge must hold a hearing within a week of the filing to review evidence and determine whether to issue an order. If the restraining order is granted, the person must remain away from guns for up to six months. Their firearm license will be suspended, and they’re otherwise barred from buying guns. If the individual is believed to be in possession of firearms, the judge would then direct law enforcement to seize those weapons for the duration of the order. Any person who knowingly provides false information in requesting a firearms restraining order would face felony perjury charges.
The bill’s sponsor, state Rep. Kathleen Willis (D), has proposed similar legislation in previous sessions, only to have it fail amid accusations that it would lead to Second Amendment violations. Willis said it wasn’t until this year, following recent mass shootings that she saw widespread bipartisan support for the bill. These incidents included attacks in Las Vegas, Parkland, Florida, and Nashville, Tennessee, where a man shot up a Waffle House[3] with guns he’d purchased in Illinois.
