Legal Information: Illinois

State Gun Laws

September 19, 2017

I have an emergency/interim order of protection. Do I have to wait until I receive a plenary order before the abuser's gun is taken away?

No.  Under Illinois law, anyone who has an interim or emergency domestic violence order of protection against him/her cannot legally have a firearm.  Any firearms in the possession of the abuser must be turned over to a person with a valid Firearm Owner's Identification Card and the abuser must turn over his/her Firearm Owner's Identification Card to the local law enforcement agency.  Also, if the abuser is a law enforcement officer ("peace officer"), s/he must surrender any firearms that are used in the performance of his/her duties to the agency's chief law enforcement officer.* 

However, if someone has a stalking no contact order issued against him/her, the firearm prohibition may not be included in the order.  Prohibiting the respondent from possessing a Firearm Owner's Identification Card or having/buying firearms is one of many protections that the judge could include but it is up to the judge whether or not to include it.  If it is included in the no contact order, the judge is supposed to take the respondent's Firearm Owner's Identification Card and immediately return it to the Department of State Police Firearm Owner's Identification Card Office.**

* 725 ILCS 5/112A-14(b)(14.5)
** 725 ILCS 21/80(b)(4),(e)