The Second Amendment to the U.S. Constitution protects Americans’ right to own firearms. However, the right to own or carry a gun is limited by federal and Illinois laws. The Illinois Firearms Restraining Order Act, often called the “red flag law,” allows for the confiscation of an individual’s firearms and prohibits the person from purchasing additional firearms. If you own a firearm in Illinois or you are facing criminal charges related to the possession or use of a firearm, it is crucial that you understand how red flag laws can affect you.
Suspension of a Person’s Firearm Privileges
Recent school shootings have put gun ownership in the national spotlight. Many people believe that gun ownership is a constitutional right while others think that reducing the number of guns in the U.S. will reduce gun violence. Whatever your opinions on the matter, it is important to understand how Illinois law can affect your ability to own or purchase firearms.
Under the Firearms Restraining Order Act, individuals who have concerns about potential gun violence can petition the court to suspend a person’s gun rights. Police may confiscate the person’s guns and suspend the person’s right to purchase firearms. The law is called the red flag law because it is based on the assumption that someone planning to hurt themselves or another person will exhibit certain warning signs or red flags.
Examples of red flags that can lead to the suspension of a person’s gun rights include:
Threats to harm others
A history of aggressive or violent behavior
Severe depression or suicidal ideation
Concerned family members, friends, third parties, or police officers may request a temporary firearm restraining order. Often, firearm restraining orders are granted ex parte, which means that the subject of the order is not present and not able to voice his or her objections to the order. If the court grants the order, the police have the authority to remove the person’s firearms and suspend their license to carry or buy guns. Temporary firearm restraining orders last two weeks. After two weeks have passed, the person may file a petition to revoke the order.
Contact a Wheaton Weapons Violation Defense Lawyer
If you or a loved one were charged with a gun crime or weapons violation, contact the Davi Law Group, LLC for help. Our DuPage County criminal defense attorneys have assisted hundreds of individuals accused of firearm offenses and other crimes. We can protect your rights and help you defend yourself against the charges. Call our office today at 630-580-6373 for a free consultation.