I do not have an order of protection against the abuser, and s/he has not been convicted of a crime. Can s/he have a gun?
Under Illinois state law, there are other circumstances (aside from being convicted of a crime or having an order of protection against you) under which a person can lose the right to own a gun. For example, the Department of State Police has the power to deny an application for Firearm Owner's Identification Card (or to revoke and seize one that was previously issued) if the applicant or holder of the card:
- is under 21 and does not have the written consent of a parent/guardian;
- is a drug addict;
- was a patient in a a mental health facility within the last 5 years; (Note: If the person was a patient in a mental health facility more than 5 years ago, s/he must have a certification that s/he or she is not a clear and present danger to himself, herself, or others.) However, this restriction does not apply to an active law enforcement officer who did not act in a manner threatening to the officer, another person, or the public as determined by the treating clinical psychologist or physician, and the officer seeks mental health treatment;
- has a mental condition that poses a clear and present danger to the applicant, any other person(s) or the community;
- was involuntarily admitted into a mental health facility;
- has an intellectual disability;
- has been adjudicated (declared by a judge) as a person with a mental disability;
- has a developmental disability;
- intentionally makes a false statement in the Firearm Owner's Identification Card application;
- is prohibited from possessing firearms or ammunition by any Illinois state law or by federal law;
- is an undocumented (illegal) immigrant; or
- is not a resident of Illinois.*
If any of these conditions apply to your situation, please talk to an advocate or lawyer in your area about what steps you can take to enforce this law. You can find a lawyer or advocate here.
If none of these situations apply, you can still make a plan for your safety. See our Staying Safe page for more information. You can also contact your local domestic violence organization for additional help. You may want to talk to them about whether leaving the area - either long term or for a little while - might help improve your safety. See our IL Advocates and Shelters page to find a local domestic violence organization near you.
For additional information on gun laws in Illinois, you can go to the Law Center to Prevent Gun Violence website.
* 430 ILCS 65/8