English
EspañolHow do I get a firearms restraining order?
The steps to get a firearms restraining order are similar to the steps to get a domestic violence restraining order, but you will fill out different forms, like these from Lake County.
To request an emergency order or a six-month order, you must file an affidavit or verified pleading that:
- claims that the respondent poses a significant danger of causing personal injury to himself/herself or another in the near future by having firearms in his/her custody or by purchasing, possessing, or receiving a firearm; and
- describes the number, types, and locations of any firearms you believe the respondent has or controls.1
If the respondent poses a threat to an “intimate partner,” you must first try to give notice to the intimate partner regarding the fact that you plan on filing a petition for a firearms restraining order.2 An intimate partner is:
- the respondent’s spouse or former spouse;
- a person with whom the respondent has a child; or
- a person to whom the respondent is or was dating or engaged.3
If you are unable to provide the respondent’s intimate partner with notice, you should include information about what efforts you made to provide him/her with notice in your affidavit or verified pleading.4
1 430 ILCS 67/35(a); 67/40(a)
2 430 ILCS 67/35(b); 67/40(b)
3 430 ILCS 67/5
4 430 ILCS 67/35(b); 67/40(b)
How will a judge make a decision about whether to grant the order?
The judge must decide if the respondent poses a significant danger of causing personal injury to himself, herself, or another in the near future by having a firearm in his/her custody or control, or by purchasing, possessing, or receiving a firearm.1 To make this decision, the judge will consider evidence such as the respondent’s:
- illegal and reckless use, display, or waving of a firearm;
- history of use of physical force including any attempted or threatened use of force;
- previous felony arrests;
- abuse of drugs (controlled substances) or alcohol;
- recent threat or act of violence directed toward himself/herself or another;
- violation of a temporary or final protection order; and
- pattern of violent acts or threats directed toward himself/herself or another.2
1 430 ILCS 67/40(a)
2 430 ILCS 67/40(e)
Can a firearms restraining order be renewed?
The petitioner can ask the judge to renew a six-month firearms restraining order any time within the three months before the expiration of the order. When deciding whether to renew the order, the judge will consider the same evidence s/he considered when issuing the original order.1
1 430 ILCS 67/45(b)
What happens if the respondent violates the order?
If the respondent violates a firearms restraining order, s/he can be convicted of a Class A misdemeanor.1 If the respondent is convicted, the judge could order the respondent to pay a fine of $2,500, go to jail for up to one year, or both.2
1 430 ILCS 67/65
2 730 ILCS 5/5‑4.5‑55
