Illinois

  1. Illinois Domestic Violence Firearm Purchase and Possession Prohibitions
  2. ILLINOIS CIVIL DOMESTIC VIOLENCE ORDER OF PROTECTION FIREARM REMOVAL
    1. Domestic Violence Civil Orders of Protection that Require Removal
    2. Individuals Who May Petition for an Order of Protection
    3. Removal Process
    4. Return of Firearms to Respondent
    5. Penalties for Violation

Illinois Law

Illinois Domestic Violence Firearm Purchase and Possession Prohibitions

Under Illinois law, an individual must have a Firearm Owner’s Identification Card (“FOID card”) to acquire or possess any firearm or ammunition.1

The Department of State Police has authority to deny an application for a FOID card and to revoke and seize a FOID card previously issued if the applicant or person to whom the FOID card was issued:

  1. Has been convicted within the past 5 years of battery, assault, aggravated assault, violation of an order of protection, or a substantially similar offense in another jurisdiction, in which a firearm was used or possessed;
  2. Has been convicted of domestic battery, aggravated domestic battery, or a substantially similar offense in another jurisdiction; or
  3. Is prohibited from acquiring or possessing firearms or ammunition by Illinois or federal law.2

A judge issuing a civil order of protection, interim order of protection, or plenary order of protection may “[p]rohibit a respondent against whom an order of protection was issued from possessing any firearms for the duration of the order if the order:

  1. was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;
  2. restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and
    1. includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
    2. by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury.”3

A judge issuing a civil emergency order of protection may prohibit a respondent from possessing firearms regardless of prior service of process or notice upon the respondent because “the harm which that remedy is intended to prevent would be likely to occur if the respondent were given any prior notice, or greater notice than was actually given, of the petitioner’s efforts to obtain judicial relief[.]”4

The Department of State Police shall deny an application for a FOID card or shall revoke and seize a FOID card previously issued if the Department finds that the applicant or person to whom the FOID card was issued is or was at the time of issuance subject to an existing order of protection.5

ILLINOIS CIVIL DOMESTIC VIOLENCE ORDER OF PROTECTION FIREARM REMOVAL

Domestic Violence Civil Orders of Protection that Require Removal

If the court issuing a civil order of protection, interim order of protection, or plenary order of protection prohibits the respondent from possessing firearms, the court shall also:

  1. Order the respondent to turn over any FOID card in their possession to the local law enforcement agency; and
  2. Issue a warrant for seizure of any firearm in the possession of the respondent.6

Individuals Who May Petition for an Order of Protection

The following persons may petition for an order of protection:

  1. A person who has been abused by a family or household member;
  2. Any person on behalf of a minor child or an adult who has been abused by a family or household member and who, because of age, health, disability, or inaccessibility, cannot file a petition;
  3. Any person on behalf of a high-risk adult with disabilities who has been abused, neglected, or exploited by a family or household member.7

“Abuse” is defined as “physical abuse*, harassment*, intimidation of a dependent*, interference with personal liberty*, or willful deprivation*[.]”8

“Family or household member” includes the following:

  1. Spouses;
  2. Former spouses;
  3. Parents;
  4. Children;
  5. Stepchildren;
  6. Other persons related by blood or by present or prior marriage;
  7. Persons who share or formerly shared a common dwelling;
  8. Persons who have or allegedly have a child in common;
  9. Persons who share or allegedly share a blood relationship through a child;
  10. Persons who have or have had a dating or engagement relationship;
  11. Persons with disabilities and their personal assistants and caregivers.9

“High-risk adult with disabilities” is defined as “a person aged 18 or over whose physical or mental disability impairs his or her ability to seek or obtain protection from abuse, neglect, or exploitation.”10 For a “high-risk adult with disabilities” the term “family or household member” includes “any person who has the responsibility for a high-risk adult as a result of a family relationship or who has assumed responsibility for all or a portion of the care of a high-risk adult with disabilities voluntarily, or by express or implied contract, or by court order.”11

Removal Process

If the court issuing a civil order of protection, interim order of protection, or plenary order of protection prohibits the respondent from possessing firearms, the court shall also order the respondent to turn over any FOID card in the respondent’s possession to the local law enforcement agency.12 The local law enforcement agency shall mail the card to the Department of State Police Firearm Owner’s Identification card office immediately for safekeeping for the duration of the order.

The court shall also issue a warrant for the seizure of any firearm in the possession of the respondent, to be stored by the local law enforcement agency for the duration of the order.13 If the respondent is a peace officer, the court shall order the respondent to surrender any firearms used by the respondent in the performance of their duties as a peace officer to the chief law enforcement executive of the agency in which they are employed for the duration of the order.14

Return of Firearms to Respondent

At the end of the order, the firearm(s) and FOID card (if unexpired) shall be returned to the respondent upon request.15 If the firearms or FOID card cannot be returned to the respondent because (1) the respondent cannot be located, (2) the respondent fails to respond to requests to retrieve the firearms, or (3) the respondent is not lawfully eligible to possess a firearm, the local law enforcement agency may petition and the court may order (a) the local law enforcement agency to destroy the firearms, (b) the local law enforcement agency to use the firearms for training purposes or for any other application deemed appropriate by the local law enforcement agency, or (c) that the firearms be turned over to a third party who is lawfully eligible to possess firearms, and who does not reside with the respondent.16

Penalties for Violation

A person violates an order of protection if, among other things, they knowingly possess a firearm or fail to surrender a FOID card in their possession and the violation occurs after the person has been served notice of the contents of the order.17

A violation of an order of protection is a Class A misdemeanor.18 A violation of an order of protection is a Class 4 felony if the defendant has a prior conviction for:

  1. Domestic battery;
  2. Violation of an order of protection; or
  3. An offense under the law of another jurisdiction that would be charged in Illinois as domestic battery or a violation of a protection order.19

A violation of an order of protection is a Class 4 felony if the defendant has a certain enumerated prior conviction*. 20

This page was updated April 5, 2021. Please note that data used are the most recent available data.