Illinois: Gun Seizure Mandate Inserted Into Bill, Take Action Now!

Opinion

Gun control advocates are taking advantage of the lame-duck session to pass a gun seizure mandate with little time for public input or debate. Contact your senator using the take action button below and urge them to OPPOSE this bill.

Background Material for House Bill 4144: Gun Seizure Mandate

House Bill 4144, introduced in the Illinois General Assembly, includes provisions that expand the state’s authority to seize firearms from individuals who are subject to orders of protection or “red flag” orders. Critics argue that the bill undermines constitutional rights, including due process and Second Amendment protections, while proponents claim it enhances public safety.

The bill explicitly mandates that individuals subject to domestic violence or “red flag” orders of protection must surrender their firearms and firearm parts, which could be used to assemble an operable firearm, within 24 hours of the order’s issuance. Additionally, law enforcement officers may seek a search warrant to seize firearms if there is probable cause that the respondent poses “an immediate and present credible threat to the physical safety” of a protected party.

Key Provisions from HB4144:

• Mandatory Surrender: Section 14.5 states, “Any firearms in the possession of the respondent shall be surrendered to local law enforcement within 24 hours of service of the order of protection.”
• Search Warrants: The court can issue a search warrant for firearm seizure if it finds probable cause based on sworn testimony. Section 14.5(B-1)(i) specifies that warrants can be granted if firearms are located at the respondent’s property and pose a credible threat.
• Law Enforcement Execution: Law enforcement must execute search warrants no later than 96 hours after issuance and file a return with the court detailing items seized.

The National Rifle Association Institute for Legislative Action (NRA-ILA) has raised concerns about HB4144’s approach, noting its broad language, potential for abuse, and lack of sufficient safeguards to ensure due process. Critics argue that such mandates could lead to the confiscation of firearms based on unverified claims and without adequate judicial scrutiny.

Implications for Gun Owners: This legislation represents a significant expansion of firearm seizure laws in Illinois. It not only imposes a 24-hour surrender deadline but also grants law enforcement sweeping authority to confiscate firearms through search warrants, potentially without the respondent’s prior knowledge or opportunity to contest the order.

House Bill 4144 creates a mandate that police seize firearms from anyone subject to an order of protection or “red flag” order. This includes ex parte orders, where the respondent is not notified of a hearing or offered any due process rights. There is no language in this legislation requiring the state police to return the seized guns if the order expires or if the ex parte order is dismissed.

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About NRA-ILA:

Established in 1975, the Institute for Legislative Action (ILA) is the “lobbying” arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess, and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution. Visit: www.nra.org