Familia y Seguridad

In Illinois, a Firearms Restraining Order (FRO) is a court order that aims to protect a person in crisis (respondent) A person who has a petition filed against them from hurting themselves or others with a firearm by taking away access to firearms for a limited period of time. The laws authorizing this type of order are also known as a “red flag law” or “extreme risk protection order.”

There are two types that can be used together:

• A plenary Firearm Restraining Order is an order that can be in place for six months to one year. It can be granted after a hearing When the parties in a case present their sides of a case to a judge or other officer with the judge, where the respondent is notified and given an opportunity to come.
• An emergency Firearm Restraining Order is a temporary order that can last up to two weeks. It is designed to provide immediate action, especially in a time between when the respondent is notified of the petition (noun) A written request to a court (verb) To request from a court for the restraining order and the final hearing. A judge can grant an emergency order after a hearing where the respondent does not need to be notified or present.

When granting a Firearms Restraining Order (FRO), the judge in the case will issue a search warrant telling a law enforcement agency to take from the person in crisis (respondent): A person who has a petition filed against them

• Any firearms, like guns;
• Ammunition;
• Any firearm parts that could be assembled to make a firearm; and
• Their Firearms Owners Identification (FOID) and concealed carry license.

The judge can also order law enforcement to search the respondent’s house or any other place where they could find these items. The respondent will not be allowed to buy or otherwise get firearms while the order is in place.

In order for the judge to grant the Firearms Restraining Order (FRO), the petitioner A person who makes a written request to a court must prove to the judge that the person in crisis (respondent) A person who has a petition filed against them poses an immediate threat of danger to themselves or others by possessing, buying, or getting a firearm, ammunition, or parts that could be assembled to become a firearm. The petitioner must also detail any firearms, including any identifying information such as type or description, and the location of the firearms they believe the respondent has in their possession.

The petitioner must also show they notified or tried to notify any of the respondent’s current or former spouse, person who is a co-parent of a minor A person under 18 years old child in common, or someone the respondent has dated, of this petition (noun) A written request to a court (verb) To request from a court for a FRO if they are in danger of violence or have been in the past. 

A family member of the person in crisis (respondent) A person who has a petition filed against them can file the petition (noun) A written request to a court (verb) To request from a court for a Firearms Restraining Order (FRO).  This includes:

• Current or former spouse,
• Parent,
• Child or stepchild,
• Co-parent of a minor A person under 18 years old child in common,
• Anyone related by blood or marriage to the respondent, and
• Anyone who shares a common dwelling, such as roommates.

In addition, law enforcement officers can file a FRO. If a person is concerned about someone in crisis and does not fit within the above categories, they can contact law enforcement and have them file a FRO.

The petition (noun) A written request to a court (verb) To request from a court for Firearms Restraining Order (FRO) can be filed in:

• Any county where the person in crisis (respondent) A person who has a petition filed against them lives or
• Any county where the incident involving the respondent occurred that relates to the need for the FRO.

In order for a judge to grant a plenary Firearms Restraining Order (FRO), the person in crisis (respondent) A person who has a petition filed against them must be notified of the petition (noun) A written request to a court (verb) To request from a court and given an opportunity to attend a hearing. When the parties in a case present their sides of a case to a judge or other officer In the time period between filing the petition for the FRO and this full hearing (which must occur within 14 days), the petitioner A person who makes a written request to a court can request an emergency FRO, sometimes called a temporary restraining order. A temporary order from a judge telling someone to not do something The emergency FRO can be granted by a judge at a hearing the next day the court is in session. The respondent does not need to be present. The emergency FRO can be in place for up to two weeks. 

This emergency FRO petition can be filed at the same time as the plenary FRO.

If a person violates a Firearms Restraining Order in place against them, law enforcement should be called. The person in crisis (respondent) A person who has a petition filed against them can be charged with a Class A misdemeanor. A lesser crime punishable by a fine or confinement in county jail for up to one year.  

No. There is no fee charged to file a petition (noun) A written request to a court (verb) To request from a court for a Firearms Restraining Order.

An emergency Firearms Restraining Order (FRO) can last up to two weeks. A plenary FRO can be in effect for six months to a year.

A FRO can be renewed at any time within the three months before the current FRO expires. After this, it can be renewed one more time for up to a year.

Yes, the person in crisis (respondent) A person who has a petition filed against them has one chance to ask the judge to terminate the Firearms Restraining Order before it expires. The respondent will have to prove to the judge that they do not now pose a danger to themselves or others.

Once the Firearms Restraining Order expires or ends, the firearms, FOID card, and concealed carry license can be returned to the person in crisis (respondent). A person who has a petition filed against them

The Illinois Firearms Restraining Order is enforceable in other states. The order will need to be “enrolled” in the other state, and the process to do this varies from state to state.

Similarly, a firearms restraining order from another state can be enforceable in Illinois. The person who petitioned Cases that appear on the official court calendar. It is in response to the filing of a petition or other legal request for the court to pass judgment on the youth. They might determine to send them to criminal court to be tried as an adult. for an order similar to the Firearms Restraining Order from another state can file a certified copy A copy of a document that can be used instead of the original because an official has approved it as a true and accurate copy by signing it. of that other state’s order with the Illinois circuit clerk The office that takes care of files and documents for circuit court cases where they believe enforcement may be needed.

For Cook County forms, the term “firearms” can be searched on the Clerk of the Circuit Court of Cook County Court Form Search page. Steps for filing can be found at the Cook County Sheriff’s A county officer who can serve people with summons. They can evict someone with a court order. Office Firearms Restraining Order webpage.

Statewide, forms on the Illinois Courts’ Firearms Restraining Order Forms page can be used.

In Cook County, the State’s Attorney office may be able to assist in filing Firearms Restraining Orders (FRO). 

Law enforcement officers are also able to file petitions for FROs.

Yes. You can contact 988 Suicide & Crisis Lifeline by calling or texting 988. You can also chat at 988lifeline.org.

If you or your loved ones are in danger, call 911 for help.

The Illinois Firearms Restraining Order Act can be found at 430 ILCS 67/ and contains information about Firearm Restraining Orders. Information can also be found on the Illinois Attorney General site and Illinois Department of Public Health site.

A person who is concerned for another person who has firearms and is a danger to themselves or others may want to contact a lawyer Someone who represents clients in courts or who gives legal advice for help with the Firearms Restraining Order forms or court processes. However, people frequently navigate this process without attorney assistance. If the person cannot obtain or afford a lawyer, they should feel free to apply on their own. The person can also contact law enforcement, as the police can file these forms themselves.

In addition to the above resources, you can use Get Legal Help to find a free legal aid organization or private lawyer near you.