Urgent - Restraining order and firearms

[Monty80]

Are people that get hit still able to turn their firearms over to someone else with a FOID or a FFL or are they now required to turn them over to local law enforcement? 

 

@Molly B. , you're my best guess on this one. 

 

 

[ScottFM]

Not sure what you mean by "hit." But I will say a friend who has his FOID revoked because of a police issue and domestic violence complaint, of which he DID hit his wife had his firearms turned over to me. When I took too seriously my role as his firearm caretaker, he asked me to give them to his mother. She had a valid FOID and I officially transferred them all to her. She was smart enough to make him then sell them all! 

[Euler]

Under "Karina's Law" (HB4144, formerly known as Public Water Supply Disruption, because Illinois), when the court issues the order of protection, it can order police to seize the weapons and not allow simple transfer of their custody to another FOID-holder. The option to turn firearms over to another FOID-holder was actually deleted from the ILCS.

It's not a matter of turning them over to cops. It's authorization for cops to take them. By the wording of the law, it seems like it's not optional, but apparently what's optional is the firearm prohibition. If the judge orders firearms to be prohibited, the cops must seize them, but judges don't have to order them prohibited.

"Karina's Law" was signed February 10, 2025. It became effective May 11.

If you want to keep them out of the hands of the cops by using a firearms disposition form, I'd say try. Most cops don't want them, anyway. IANAL

[John Q Public]

Yes, but the point is to serve the order and take the guns, what could go wrong there? It's a danger to both civs and Leos, and when it goes sideways, because it will, it's yet another reason we should not have firearms. It's a huge steaming pile of sh8t. 

[Monty80]

Thanks for the help. Sorry for the delay in responding but I'm out of state but driving back.

 

The story is that a client who is also a friend was served with an order of protection by a woman he slept with once. Not sure on the circumstances but he was served and immediately got the firearms in question into the possession of a ex girlfriend that he trusts and he has no access. As his FFL, he's asking that I either store them or purchase them so that they aren't seized and destroyed because he knows he'll never get them back if the local police take possession. I'm going to look at what they gave him and we'll go from there.  

[Molly B.]

I believe the new statute also says the respondent has 24 hours to surrender "any firearms in their possession" (which were not surrendered at the time the OP was served) to local law enforcement. Sounds like he doesn't have any firearms in his possession nor does he have access to any.

[JTHunter]

On 8/17/2025 at 12:38 PM, ScottFM said:

Not sure what you mean by "hit." But I will say a friend who has his FOID revoked because of a police issue and domestic violence complaint, of which he DID hit his wife had his firearms turned over to me. When I took too seriously my role as his firearm caretaker, he asked me to give them to his mother. She had a valid FOID and I officially transferred them all to her. She was smart enough to make him then sell them all! 

 

Was he a person that should not have had firearms in the first place?  Is that why she made him sell his collection?  Or did they do it for the expense of his legal fees?

[John Q Public]

IF convicted, it's lifetime prohibition. 

[Monty80]

Just to not leave anyone hanging, RO was found to be garbage and he was able to get his guns back a few hours after it was tossed.