How an Order of Protection Affects Gun Rights in Illinois: Complete Guide

For many Illinois residents, the right to own firearms is an important constitutional right. However, orders of protection can significantly affect your ability to possess or purchase firearms. Many people wonder how an order of protection affects gun rights in Illinois, especially when guns are a significant part of their lives.

In Illinois, orders of protection are a type of protective order designed to protect victims of domestic crimes. They provide restrictions such as prohibiting contact, shared residences, or coming near certain locations. While the specific restrictions vary by case, there are nearly always restrictions on firearm rights.

How an Order of Protection Affects Gun Rights in Illinois

Illinois order of protection laws prohibit an individual with an order of protection against them from owning a firearm. This can mean that if an order of protection is filed, you may need to:

• Surrender firearms currently in your possession.
• Avoid purchasing firearms.
• Avoid possessing ammunition or firearm parts that could be assembled into a firearm.
• Surrender a concealed carry license.

Firearm ownership in Illinois requires a Firearm Owner’s Identification (FOID) card. In Illinois, there are 2,473,655 total cards registered with the Illinois State Police. If an order of protection is filed, you must surrender your firearm and your FOID card.

Why Orders of Protection Limit Gun Rights

Firearm restrictions are a part of an order of protection to reduce the risk of gun violence for those who may be at a higher risk of a gun crime. In many cases, this is necessary to protect the victim from a threat of domestic violence.

However, gun rights restrictions also have a significant impact on those whose rights are limited. For many people in Illinois, firearm ownership is a part of their culture, employment, or lifestyle. An order of protection can impact their personal protection, hunting and recreational shooting, or even employment in fields such as law enforcement or security.

What Is a Firearm Restraining Order

A firearm restraining order is a type of protective order, like an order of protection, which is put in place specifically to restrict your access to firearms and ammunition. These orders are meant to prevent an individual who is at risk of harming themselves or others from having access to guns.

These orders are filed by a household or family member, and then an emergency hearing is held the next day that the court is in session. If emergency firearm restraining orders are granted, there is then a 14-day period where a full hearing can be conducted to decide if more long-term orders should be filed.

A firearms restraining order is a civil order and places restrictions on possessing or buying firearms, ammunition, or firearm parts. While these are similar restrictions compared to an order of protection, the difference is that in a firearm restraining order, there are no additional restrictions, such as no-contact orders.

How You Can Protect Your Gun Rights During an Order of Protection Case

If you hire an order of protection lawyer, they can help you protect your constitutional rights. During a plenary order of protection hearing, you have the opportunity to present a defense against the allegations. A strong defense can result in dismissed or denied orders of protection, thus restoring your gun rights. Some important steps you should take to protect your gun rights include:

• Complying With All Court Orders: Comply with temporary emergency orders of protection, even if they are unfair or are based on false allegations.
• Preserve Evidence: Gather evidence such as text messages, emails, witness statements, or security camera footage that may be used to challenge allegations.
• Attend All Hearings: Failing to appear in court can mean missing opportunities to defend yourself or even having a judge rule against you.
• Work With An Illinois Order Of Protection Attorney: An attorney can explain your rights under Illinois’s order of protection laws and can help you craft a powerful defense.

Why You Should Hire an Order of Protection Lawyer From The Law Office of Jessica Koester, LLC

Attorney Jessica Koester has decades of experience representing clients in high-stakes criminal cases, often involving civil orders of protection. At The Law Office of Jessica Koester, LLC, we carefully analyze the allegations, evaluate the evidence, safeguard your rights, and develop strategic defenses designed to protect your future.

FAQs

Do Emergency Orders of Protection Affect Firearm Rights?

Yes, emergency orders of protection can still place a firearm restriction. These cases are often put in place quickly, even before you have had a chance to defend against the orders. Because of this swiftness, you may need to surrender your firearms very quickly. Adhering to firearm restrictions in an emergency order of protection is very important.

How Long Do You Have to Surrender Firearms in an Order of Protection Case?

You have 24 hours from the time that an order of protection is served to submit your firearms, as well as your FOID card or concealed carry license. Firearms should be surrendered to the officers who served the order of protection or to local law enforcement, such as the Madison County Sheriff’s Office.

Does an Order of Protection Case Impact a Concealed Carry License?

Yes, an order of protection can also affect your ability to keep or obtain a concealed carry license. Your license can be suspended if an order of protection is filed against you, and you can be required to submit your firearms to law enforcement. Continuing to carry concealed with a suspended license can result in criminal charges.

What Happens if You Do Not Surrender Firearms?

If you do not surrender your firearms or otherwise violate the firearm restrictions in an order of protection, you may be arrested and face criminal charges. Violating an order of protection is generally a misdemeanor charge and can result in jail time, fines, probation, and a permanent criminal record. To avoid criminal charges, comply with all firearm restrictions in a court order, even if you are in the process of challenging the order.

Speak With a Skilled Illinois Order of Protection Attorney

If you are facing an order of protection that threatens your firearm rights, The Law Office of Jessica Koester, LLC, can help you protect your ability to own, carry, use, and buy firearms. Contact us today to arrange a free case consultation.