Bill mandating police to seize firearms in cases of protective orders approved by Senate

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Illinois Senate Passes Measure Requiring Police to Confiscate Firearms from Subjects of Order of Protection

In a last-minute move, the Illinois Senate has approved a measure that mandates police to seize firearms from individuals who are subjects of an order of protection. This significant development comes as the 103rd General Assembly draws to a close. The approved measure aims to enhance the safety and well-being of individuals who have sought legal protection against potential harm.

By passing this legislation, the Illinois Senate has taken a crucial step towards preventing further violence and protecting vulnerable individuals. The measure requires law enforcement agencies to swiftly and effectively confiscate firearms from those who have been served with an order of protection. This proactive approach seeks to mitigate the potential risks and dangers associated with domestic disputes and other related incidents.

The passage of this measure signifies the state’s commitment to prioritizing the safety and security of its residents. By mandating the confiscation of firearms, authorities will be better equipped to prevent acts of violence and ensure the protection of those who have sought legal intervention. This measure underscores the importance of taking proactive measures to address potential threats and safeguard the well-being of individuals at risk.

It is worth noting that this legislation aligns with the broader efforts to address gun violence and promote public safety in the state of Illinois. By empowering law enforcement agencies to remove firearms from individuals who pose a potential threat, this measure contributes to the ongoing efforts to create a safer and more secure environment for all residents.

As the 103rd General Assembly concludes, the approval of this measure serves as a testament to the commitment of Illinois lawmakers in ensuring the well-being and safety of their constituents. Moving forward, it is hoped that the implementation of this legislation will help prevent acts of violence and provide a sense of security for individuals who are at risk.

Just moments before a committee hearing on Monday night, there was a last-minute amendment to House Bill 4144. Originally, this legislation, filed in September 2023, focused on fire hydrants. However, it has now been transformed into Karina’s Law.

If HB 4144, a proposal named after a victim of domestic violence, is passed, it will expand the current laws in the state regarding orders of protection and access to firearms. Presently, individuals who are the subject of an order of protection must surrender any firearms they possess to an eligible person, which can include the police. However, if HB 4144 becomes law, it will mandate that the police confiscate firearms from these individuals within a specific timeframe.

According to Kane County State’s Attorney Julie Mosser, the recent measure takes into account the importance of due process, which has been affected by recent rulings from the U.S. Supreme Court on a similar matter.

According to Mosser, the requirement for immediacy and presence is now included, rather than just identifying a danger.

According to Josh Witkowski from the Illinois Federation for Outdoor Resources, he expressed his concerns to the Senate Executive Committee regarding the proposal. He pointed out that although the proposal may meet two out of three provisions set by the Supreme Court, it falls short when it comes to upholding due process.

“I believe it is more important to prioritize the well-being of domestic violence victims and ensure that any measures taken to assist them withstand constitutional scrutiny,” he stated.

The U.S. Supreme Court tackled the issue of due process in the case United States v. Rahimi, which was decided last summer. One key aspect of the case revolves around the question of whether disarming individuals who are subject to domestic violence restraining orders, without requiring specific evidence of their dangerousness, infringes upon their Second Amendment rights.

The measure passed the committee, even though there were twice as many opponents as proponents filing witness slips.

Late Monday evening during the lame duck session, the measure was brought to the Senate floor.

State Senator Chapin Rose, a Republican from Mahomet, expressed concerns about the practicality of the measure in rural areas with limited law enforcement resources. While acknowledging potential constitutional issues, he emphasized the challenges that would arise in implementing the measure in these regions.

Rose expressed her frustration, stating that downstate Illinois is unable to comply with a significant portion of the legislation passed in this region.

State Senator Celina Villanueva, a representative from Chicago, emphasized the importance of safeguarding victims of domestic violence through legislation she sponsored.

She expressed her concern about the fact that some individuals prioritize their rights to bear arms and have access to guns.

Critics argue that the bill not only infringes on individuals’ right to bear arms, but also fails to provide them with the necessary due process protections.

The Senate passed the revised House bill on Monday evening, and now the House can consider it during the final day of the lame duck session on Tuesday.

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