A slew of new laws went into effect in Illinois as of January 1, 2019, and a couple of them have significant implications for owners or potential purchasers of firearms. Both were enacted by the Illinois Senate and House of Representatives, followed up by signature of the Governor, in July 2018. If you are thinking of buying a gun, or have concerns about how one law may put a red flag on firearm owners considered dangerous to others, here is an overview of the most important details Illinois criminal defense attorneys want you to know.
Law to Allow Removal of Weapons on Petition
In the aftermath of a shooting, you often hear interviews with friends and neighbors in the headlines that the person with the gun had previously been acting strangely or violently. In an attempt to prevent future tragedies, members of the Illinois Legislature passed a “red flag” law. The statute gives family members of a firearm owner standing to file a petition for a type of restraining order. If they can prove that the individual is a danger to him or herself or others, relatives can have the person’s Firearm Owner’s Identification Card (FOID) suspended. Police also have the power to file such a petition. If you are the subject of such a petition, and it is granted, your FOID card would be suspended and your firearms could be removed from your possession for 14-180 days. You have a right to have a prompt hearing before a Court and can contest this petition.
Statute Extends Waiting Period on Firearm Purchases
The laws regarding a waiting period on purchase of guns is not new. However, members of the Illinois Senate amended the previous statute to include details about specific kinds of firearms. As of January 1, 2019, all gun purchases in the state require a 72-hour waiting period. This includes transactions made by non-residents at gun shows. The previous law only required a 72-hour wait between the purchase of a handgun and the buyer being able take possession. It also said that long guns such as rifles and shotguns only required a 24-hour waiting period.
The amended statute now requires a 72-hour waiting period for all firearms. The exceptions are stun guns and tasers, which remain a 24-hour delay on possession. If you are arrested on charges under the new law, the crime is a Class 4 Felony. If you are convicted, you could face a prison sentence of one to three years. A judge may also order you to pay a $25,000 fine.
Work with an Illinois Criminal Defense Attorney Who can Protect Your Rights
Though an overview may be useful, these two new Illinois gun laws are complex in their application to individual circumstances. Plus, being enacted recently, there are few courts that have had a chance to review the details and issue a ruling in specific cases. If you are charged with violations of any gun laws, please contact the criminal defense lawyers at Glasgow & Olsson. Residents in DuPage, McHenry, Cook, and Lake Counties can call our office at 847.577.8700 to schedule a consultation. You can also go online to complete a consultation form and learn more about our legal services.
(image courtesy of Velizar Ivanov)