Monday, July 11, 2022

Firearm Restraining Orders

Firearm restraining orders (FRO) in Illinois are civil orders that allow for temporary removal of firearms, ammunition, and firearm parts that could be assembled to make an operable firearm, as well as removal of an individual’s firearm owner’s identification (FOID) card when the individual is deemed a potential danger to themselves or others [430 ILCS 67]. The goal of the action is to protect an individual from harming themselves or those around them with a firearm. Additionally, an individual cannot purchase or possess firearms while the order is in effect. A FRO does not bring about any criminal charges or otherwise penalize the individual.

FROs can be pursued in response to various actions, including brandishing of a firearm, threatened use of a firearm, and violation of an order of protection, among others. While status-based prohibitions on firearm possession are determined by an individual’s prior criminal or mental health history, FRO laws differ because they are temporary and require present and observable actions, which may or may not be criminal. FRO laws’ emphasis on immediate and observed behaviors, regardless of an individual’s psychiatric diagnosis, can prevent firearm violence while avoiding wrongly stigmatizing the larger population living with mental health diagnoses. #firearmrestrainingorders,


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