Illinois Passes Anti-Freedom Red Flag Laws

Opinion

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Illinois Passes Anti-Freedom Red Flag Laws

Illinois -(Ammoland.com)- Illinois has become the latest state to pass a so-called “red flag law” which is also known as extreme protection orders. This bill is one of two new gun restrictions signed into law by the Republican, Gov. Bruce Rauner.

Red flag laws allow police to seize guns from people temporarily with very little [or NO] evidence. Gun rights groups like Gun Owners of America call these laws “gun confiscation orders.” All it takes is a family member, dating partner, or roommate to claim that someone is a danger to themselves or others to have his or her Second Amendment rights stripped away by a secret court hearing. A judge does have to approve the order, but according to the latest statistic, judges on average approve 95% of all order brought in front of them.

Illinois joins more than a dozen states with extreme protection order laws on the books. This number doubles the number of states with red flag laws since the tragedy in Parkland, FL. Gun rights advocates point to the fact that red flag laws have not prevented a single crime from taking place with a gun. The gun rights groups claim it is more likely to be abused than to prevent an act of violence.

Supporters of these laws claim that the gun confiscation would prevent suicides. This stance is countered by pro-gun groups who point to suicide rates in countries such as Japan where guns are all but banned. While suicide rates with guns in states with red flag laws did drop, the overall number of suicides in these states remained steady. The suicide victims just used a different method to kill themselves.

Gun groups also point out that criminals do not follow the laws and a piece of paper is not going to stop them from an act of violence. Chicago has some of the strictest gun laws in the country, and yet it is known by the nickname Chiraq due to the amount of gun violence in the streets. Gun groups question why criminals would pay attention to this new law if the criminals ignored the old laws that were already on the books within the city.

Anti-gun groups, such as Moms Demand Action and Every Town for Gun Safety, claim that an extreme protection could have prevented the Parkland shooter from having firearms. The Parkland shooter had multiple contacts with police and law enforcement was aware of the killer, but never pursued actions that they could have taken within the current laws against the shooter.

Gun rights advocates also point out that the targets of such orders are not present or notified of the court cases to take away their firearms. Because of the absence of a defense, they point out that the judge only gets a single side of the story before deciding to strip away someone’s rights. They argue that this is not due process.

The estimated legal cost in overturning an extreme protection order is around $10,000 with no guarantee that the person will get their rights restored or property returned.

Carol Bowne
Carol Bowne was murdered waiting for her gun purchase to be approved.

Considering the length of time it takes to appeal the order in addition to the cost of fighting the order, many people will not or cannot challenge the stripping of their rights. This legal situation is especially evident in the more impoverished communities where someone might have to choose between eating and fighting for his or her rights.

The second bill signed by the Republican Governor would put in place a 72-hour waiting period to purchase any firearm within the state. Republicans in the state argue that the 72-hour waiting would not prevent any violent crime, and studies seem to back up their argument. Studies done by the Rand Corporation shows that gun waiting periods do not reduce violent crimes.

In fact, the gun waiting period has made victims of violent crimes more at risk. One case was the situation of Carol Bowne in New Jersey. Browne had a restraining order against her ex-boyfriend, Michael Eitel. Browne did not believe a piece of paper was going to stop Eitel and decided to she needed to have the means to protect herself.

Browne applied for a gun permit due to the threats against her by Eitel. Unfortunately, her gun permit did not come in time to be of use against the unhinged ex-boyfriend. Eitel killed Browne in her driveway with a knife. Browne never had a chance to defend herself by using a firearm.

Rauner said he was “proud” to sign these bills but would also veto any bill putting more restrictions on gun dealers. GOA and the NRA both came out against these bills.

About John CrumpJohn Crump

John is a NRA instructor and a constitutional activist. He is the former CEO of Veritas Firearms, LLC and is the co-host of The Patriot News Podcast which can be found at www.blogtalkradio.com/patriotnews. John has written extensively on the patriot movement including 3%'ers, Oath Keepers, and Militias. In addition to the Patriot movement, John has written about firearms, interviewed people of all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons and is currently working on a book on leftist deplatforming methods and can be followed on Twitter at @crumpyss, on Facebook at realjohncrump, or at www.crumpy.com.

  • 26 thoughts on “Illinois Passes Anti-Freedom Red Flag Laws

    1. “The estimated legal cost in overturning an extreme protection order is around $10,000 with no guarantee that the person will get their rights restored or property returned.”

      The California experience is instructive here:

      1) These restraining orders are infrequently used – in 2016, only 89 were issued state wide. No data on how many were initially denied. They are likely infrequently used because a temporary mental health hold (5150) or a restraining order also carry firearms prohibitions.

      2) Nearly 90% were overturned at the 2nd hearing, when the subject was able to present their side. Only nine were upheld. On one hand, it would appear that judges are more than willing to overturn such orders – and it is likely than a sizeable percentage of these cases involved people representing themselves. On the other hand, with a 90% rate of reversal, it is clear that there is a significant amount of abuse.

      Will this experience carry over to other states? Maybe, maybe not.

    2. How is it that legislators pass unconstitutional statutes knowing that they are unconstitutional? Could it be that those legislators are intentionally trying to dissolve the controls that people have over government? Do they think that they will never be subject to out of control government?

    3. The lobbyist fro Illinois carry and ISRA wrote the law.

      Do a search for gun save life dot com and read the stories before they take them down

    4. Whenever someone practices law without a license, particularly someone from another professional field, e.g., real estate or securities, judges are quick to throw the book harshly. But now that they’re being asked to practice psychiatry without a license, they seem willing and depend on law enforcement to do the dirty work. Hopefully, those wrongly accused will file lawsuits and see them through to collect the full measure of damages.

    5. it will be a sad day if these confiscation laws are carried out due to a family member or spouse has a grudge and decides they should file a false report just to get the law abiding gun owners firearms taken away without due process. A lot of good people in law enforcement and law abiding citizens will be hurt and killed.

      1. He is Republican but it passed with a veto proof majority so it was going to go into effect with or without his signature. My only problem with this is the lack of due process. I’m all for the mental health arguement but I really despise the whole done in secret without your say. Here in illinois when people hear I am a conservative they automatically think I’m a racist sexist bigot and I have to wonder if someone someday will say that me voting for trump is grounds for me to lose my guns…..

    6. And this so-called law is going to decrease the gang violence in Chicago? Another thing, why is there a democratic challenger this November?, When this RINO is doing the job of a democrat.

    7. We must always remember that all these kinds of anti-gun bills are really anti-rights bills. It has nothing to do with stopping suicides, or mass murder, but only in depriving citizens of their lawful property. No so-called gun bill has ever been put into effect that will stop a criminal, for as the name indicates, those with criminal intent do not obey laws. It is a real shame that those who make laws, do so with the intent to criminalize rather than protect law-abiding citizens. America’s downfall is in the offing.

    8. And who if anyone is actually surprised, pray tell, at this latest bit of legislative hi-jinks from The Land of Lincoln?

    9. @0655 good examples of bad laws applied to other situations. If something like that took place it would appear that the country was becoming a police state, not just gun rights being applied as a police state.

    10. There is no place in America or in the US Constitution for “Secret Courts” or confiscation, neither temporary or permanent” in the US Constitution!

    11. The only saving grace is that some downstate counties are passing pro gun legislation.However if you live in the most dangerous and corrupt county,Cook…and a democratic governor,hand picked by the Machine,is elected you might as well bury your guns,store them out of Cook County,or sneak out to the range when it’s still dark, because things will only get worse, and good luck trying to win a law suit even if you are within your rights in defending yourself with a weapon! Come November the anti gun bills will come fast and furious and with a Democratic governor? Only the Federal courts may protect you

    12. I live in Illinois. We qualify as a “shit-hole” State both morally and financially. Rauner does NOT lead this State and has said so publically. Illinois is led by Mike Madigan, our corrupt Speaker of the House, and the “architect” of our financial disasters. Chicago, our “greatest” city, is a model of civility, with a KIA rate greater than the Middle East. These new gun laws will “surely” eliminate the CHI-RAC killing fields and make felons of Illinois citizens with no due process of law. The new Chicago Democrat governer, when elected, will put the final nails in the Illinois coffin.

      1. Yeah, if Pritzger is elected, that FFL licensing bill that Rauner vetoed will no doubt pass and put most gun shops out of business.

    13. Hellinios is the absolute 2nd most putrid abusing America hating state in the nation a disgrace to any real red blooded American citizen in the military has or had family in service and deceased family buried around the world kalifagnia 1st the rotten apple 3rd

    14. Here we have a so-called republican governor who is a turn-coat traitor to the US Constitution. Or….. is/was he a democrat at heart masquerading as a republican? We have to pay attention to who jumps on the GOP bandwagon in the next mid-term elections. One strategy that is not being discussed is how easy it may be for democrats to “wear” the republican hat, get elected then turn on the public. Hell, if I can think about it, you don’t think “they” would? Like Rubio, Ryan and all the “Never-Trumpers” already in office, we, as the electoral MUST KNOW who we are voting for. In MI, there are 2 so-called republicans running for a senate seat but who do you trust? We ALL KNOW these people will say anything to get elected. So how do we KNOW who to elect? I do not trust anyone these days. They can claim to be and might-in-fact be “endorsed” by Trump but seriously – HOW DO WE KNOW?

    15. How would the public view extreme risk protection orders if they were also applied to religious extremists and drivers. So say I report that my Muslim neighbor is a radical, is constantly talking about jihad, and I think he’s planning some kind of violent act. Or my other neighbor is 85 years old and is dangerous as a driver and is going to get someone hurt or killed. Can we use this same procedure to deny them their rights in advance? Can my Muslim neighbor be banned from his mosque, have his guns and knives and trucks taken from him, and be placed on the “no fly list” all because of my report? Can my other neighbor, have her car impounded and her driver’s license suspended?

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