Legal Information: Illinois

State Gun Laws

Updated: 
September 19, 2017

If the abuser's gun(s) is taken away, what will happen to it?

If the abuser’s gun(s) is taken away, the court clerk should notify the state police that the abuser cannot have a gun.  The abuser will have to give his/her Firearm Owner’s Identification (FOID) card to the court clerk who will send it to the state police and will either have to give his/her gun(s) to the local law enforcement agency or to the state police. The agency that receives the gun(s) will keep it until the order expires.  If the abuser is a peace officer, s/he will have to give his/her gun(s) to the chief law enforcement executive at his/her job who will keep the gun(s) until the order expires.  If the abuser is in court, he will be ordered by the judge to turn over the guns.  If the abuser is not in court, the judge can issue a warrant that allows the police to seize (forcibly take) the abuser’s gun.*

Once the guns have been turned in or seized, the law enforcement agency should notify the domestic violence unit at the local court that the abuser has followed the order. 

* 750 ILCS 60/214(b)(14.5)