Restraining Orders

In both an emergency firearms restraining order and a six-month firearms restraining order, the judge can order the respondent to:

• not have firearms in his/her custody or control and not purchase, possess, or receive firearms while the order is in place; and
• turn in any Firearm Owner’s Identification Card and concealed carry license in his/her possession to law enforcement.¹

If the judge orders either a six-month order or an emergency order, s/he will also issue a search warrant for the local police to find and take the respondent’s firearms. To order this warrant, the judge must find probable cause to believe that the respondent has firearms.²

¹ 430 ILCS 67/35(g); 67/40(h)
² 430 ILCS 67/35(f-5); 67/40(g-5)