Illinois 2023-2024 Regular Session

Illinois Senate Bill SB0044

Introduced
1/20/23  
Refer
1/20/23  
Refer
1/31/23  
Refer
3/10/23  

Caption

FIREARM SURRENDER-ORD PROTECT

Impact

The bill expands the scope of current firearms regulations within the context of domestic violence situations by stipulating that a respondent is prohibited from possessing or accessing any firearms while the order of protection remains in effect. Additionally, if a respondent's Firearm Owner's Identification Card is revoked or surrendered, it must be submitted to law enforcement, and the rules governing the return of surrendered firearms have been clarified, requiring a judicial order to ensure safety conditions are met before returning firearms.

Summary

SB0044 amends the Illinois Domestic Violence Act of 1986 to implement stricter regulations surrounding firearm surrender for individuals subject to an order of protection. It mandates that if a respondent is directed to surrender firearms, they must do so immediately upon being served with the order. Law enforcement agencies are required to provide a documented receipt for any surrendered firearms to both the respondent and the court, ensuring a clear record of compliance.

Contention

Key points of contention surrounding SB0044 involve discussions on the balance between protecting victims of domestic violence and the rights of firearm owners. Proponents argue that these measures are necessary for the safety of individuals who may be at risk of harm from intimate partners, advocating that secure firearm surrender procedures can potentially reduce incidents of domestic violence. Conversely, opponents raise concerns regarding the implications for lawful firearm ownership and the rights of individuals affected by such orders, questioning whether these provisions may lead to unintended penalties for individuals who may not pose a direct threat.

Companion Bills

No companion bills found.

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