The Illinois Firearms Restraining Order Act (the “FROA”) was initially enacted in 2019,  The FROA authorizes a petition to a circuit court for the issuance and execution of a “firearms restraining order” prohibiting a named person from buying, possessing or having custody or control of any firearms, firearm parts or ammunition.  Public Act 102-0345 (the “Act”) amends the FROA and Illinois law to promote community awareness of the Act, explain the options available to seek assistance using a firearms restraining order and to lay out the process to petition for one.  The police are to undergo further training under the Act to enhance their understanding of how and when to bring the petition in court for a firearm restraining order. 

The Act creates a State Commission charged with developing a model policy (within 4 months of its initial meeting) for the timely relinquishment of firearms whenever a firearms restraining order is issued.  Once approved, the Illinois State Police are to work with local police agencies to design a comprehensive strategy for the timely relinquishment of firearms, based on the model policy.  Each police department will be required to adopt a policy consistent with the model policy.

Under the Act, the Illinois Law Enforcement Training Standards Board is required to develop and conduct a standard training program to train officers on the use of firearms restraining orders, how to identify situations in which a firearms restraining order is appropriate, and how to safely promote the usage of the firearms restraining order in different situations.  All law enforcement officers will be required to complete the training annually and are to be issued a certificate attesting to the completion of the training.   

The full text of Public Act 102-0345 is available at: https://www.ilga.gov/legislation/publicacts/102/PDF/102-0345.pdf

The Act became effective June 1, 2022.

A more detailed summary of the Public Act follows.

SUMMARY PUBLIC ACT 102-0345

Public Act 102-0345 makes the following key changes to Illinois law: 

Public Awareness Campaign

The Department of Public Health is charged with a public information campaign to promote awareness of firearm restraining orders.  The campaign is to include, but not be limited to:

• Information online or in print, of the options and process for a person seek assistance to use a firearms restraining order;
• Information for health care workers to that assist those who may benefit from awareness of the Firearms Restraining Order Act; and
• Specific information on situations (such as domestic violence, mental health or risk of harm to self or others.  20 ILCS 2310/2310-705

Illinois Firearms Restraining Order Act Commission

The Public Act charges the Director of the State Police with creating and serving as chair of a 12 member Commission (comprised of law enforcement and judicial representatives, serving 3 year terms) to advise on the strategies of education and implementation of the Firearms Restraining Order Act.  The tasks of the Commission include:

• (Within 4 months after its initial meeting) Developing a model policy for the timely relinquishment of firearms whenever a firearms restraining order is issued.
• Local law enforcement agencies are to adopt a policy consistent with the model policy.
• The State Police are to work with local law enforcement agencies to implement a plan for the timely relinquishment of firearms based on the model policy.

Police Training

The Illinois Law Enforcement Training Standards Board will develop a standard training program on the Firearms Restraining Order Act, to include a training program for officers on the use of firearms restraining orders, how to identify situations in which a firearms restraining order is appropriate and how to safely promote the usage of the firearms restraining order.  Officers are to complete the training each year (and be issued a certificate demonstrating completion).   50 ILCS 705/7.1

Firearms Restraining Order Act Basics

The Firearms Restraining Order Act authorizes the issuance of a firearms restraining order, under the circumstances provided in the Act,  prohibiting a named person from buying, possessing or having custody or control of any firearms, firearm parts or ammunition.  Persons authorized to file a petition are family members of the respondent and law enforcement officers.  The Petition must allege that the respondent poses a danger of personal injury to self or other himself by buying, possessing or having in his or her custody or control, purchasing, possessing ammunition, or firearm parts that could be assembled to make an operable firearm or removing firearm parts that could be assembled to make an operable firearm.  An emergency petition is to be supported by an affidavit or verified pleading and is to describe the type and location of any firearm or firearms, ammunition, or firearm parts that could be assembled to make an operable firearm presently believed by the petitioner to be possessed or controlled by the respondent.

The issuance and implementation of an emergency firearms restraining order shall:

• Prohibit the respondent from having custody or control, purchasing, possessing, or receiving additional firearms, ammunition, or firearm parts that could be assembled to make an operable firearm, or removing firearm parts that could be assembled to make an operable firearm for the duration of the order.
• Require respondent to turn any FOID card or concealed carry license over to the local law enforcement agency.
• The local law enforcement agency is to mail the card and concealed carry license to the Department of State Police Firearm Services Bureau for safekeeping.
• The firearm, parts or firearms, ammunition, FOID Card and concealed carry license are to be returned to the respondent after termination or expiration of the firearms restraining order.

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