Just weeks after obtaining an Order of Protection against her husband, Karina Gonzalez and her 15-year-old daughter were shot and killed in their home. While the husband’s Firearm Owner’s Identification (“FOID”) Card was revoked after the order was entered, his firearms were not removed from his possession.

Following the demise of Karina and her daughter, Illinois lawmakers sought legal reform to remove firearms from alleged domestic violence abusers when an Order of Protection is granted. Introduced as House Bill 4144 in October 2023, the bill, now known as Karina’s Law, was signed by Governor Pritzker on February 10, 2025. Karina’s Law is effective May 11, 2025.

Karina’s Law seeks to protect domestic violence victims by removing firearms from their abusers. It strengthens the existing law by clarifying who is responsible for removing firearms once an Order of Protection is granted, and granting law enforcement authority to execute search warrants to seize firearms from alleged abusers.

Ambiguity Under the Prior Language

Previously, an Order of Protection granted under the Code of Criminal Procedure prohibited the alleged abuser from firearm possession, or from holding a FOID Card. However, the language stated the court should order turnover of the firearms “to a person with a valid [FOID] Card for safekeeping.” This ambiguous language meant there was no easy or obvious way to achieve removal of firearms, and the law was unclear as to who was responsible for removing the firearms. The law also did not grant law enforcement authority to enter the residence of an alleged abuser to remove any firearms in their possession.

Advocates for domestic violence victims said this remedy was inconsistently applied, leaving loopholes for individuals to keep their firearms and placing domestic violence victims in danger. For example, the alleged abuser could simply send the firearms next door if their neighbor held a FOID Card which would not necessarily block firearm access completely. The law also did not specify a time frame for turning over the firearms.

Advocates of Karina’s Law believe the reform will save lives due to the deadly mix of firearms and domestic violence. In addition to the loss of Karina and her daughter, the legislation followed a report that found domestic violence deaths more than doubled in 2023 compared to 2022. There were up to 120 deaths in 94 separate incidents statewide.

Closing the Loophole

Now, Karina’s Law requires the respondent against whom an Order of Protection is entered to either immediately surrender firearms or firearm parts to law enforcement when served with an Order of Protection, or, if none are on their person when they are served, to surrender those firearms to law enforcement within 24 hours of service.

Karina’s Law narrows the scope of who can take possession of the firearms. Rather than “a person with a valid [FOID] Card,” the changes mandate the firearms be surrendered to law enforcement. Respondents are also prohibited from transferring firearms or firearm parts to other individuals to avoid surrendering the weapons. This will ensure the firearms go to responsible agencies who can limit access to the weapons.

The reform gives law enforcement explicit authority to seek a search warrant to seize firearms, firearm parts, and firearm identification from the respondent under the Order of Protection proceedings. The petitioner, or the State’s Attorney, can also seek this warrant by relying on the allegations in the petition for the Order of Protection.

This change in law matches the Firearm Restraining Order where firearms can be taken away in an emergency if there is an immediate and present danger to the petitioner.

New Duties for Law Enforcement

There are several mandates within Karina’s Law that law enforcement officers must be aware of if they are involved in an Order of Protection. These mandates are important because there is more professional and personal liability as this falls under the Illinois Domestic Violence Act. If an officer willfully and wantonly omits doing something that is required or commits an act that violates a legal duty, they can be held liable. The Illinois Association of Chiefs of Police will be offering training on the requirements of Karina’s Law soon, at a date yet to be determined.

Key mandates include that, when served with an Order of Protection, any firearm or firearm parts on the respondent’s person will be immediately surrendered to law enforcement. The serving officers can also take possession of the respondent’s FOID Card. If a FOID Card is taken, law enforcement must mail it to the Illinois State FOID Card Office for safekeeping.

Furthermore, law enforcement is required to execute search warrants to seize firearms from respondents within 96 hours of receipt. There is an exception in the event law enforcement needs to correct or refute a warrant, discussed below.

Additionally, law enforcement must store the firearms for the length of the Order of Protection. This increases responsibility for law enforcement. Karina’s Law does allow law enforcement agencies to make arrangements with federally licensed firearm dealers or other law enforcement agencies to store these seized or surrendered firearms.

Procedural Overview

An Order of Protection in a domestic violence situation often moves fast to protect the safety of the petitioner. In that regard, law enforcement must be prepared to act and comply with the deadlines set by Karina’s Law.

The changes apply to emergency, interim, or plenary orders of protection. Once the Order of Protection is entered, regardless of the type, the following will occur:  

1. The respondent shall be prohibited from possessing firearms and firearm parts
2. The Court shall order that any firearms, firearm parts, and FOID or Concealed Carry Licenses be surrendered to a Sherriff or local law enforcement.
   1. The Sheriff or local law enforcement agency is responsible for serving the Order of Protection. A local law enforcement agency (“LEO”) can be any municipal police officer or sheriff. It is recommended, for safety and liability purposes, that the LEO take the items upon presentation of service and not redirect the respondent to another agency.
   2. If the respondent has a firearm, firearm parts, and FOID or Concealed Carry License on them at the time of service, they shall be immediately surrendered to the service agency.
   3. If the respondent does not have a firearm, firearm parts, and FOID or Concealed Carry License on them at the time of service, they shall be turned over to the service agency within twenty-four (24) hours of service.
3. The Court shall issue a search warrant at the time the Order of Protection is issued if the Court finds probable cause that:
   1. The respondent poses an immediate and present threat to the physical safety of the petitioner who is protected by the Order of Protection;
   2. The respondent possesses firearms or firearm parts that could be assembled to make an operable firearm;
   3. The firearms or firearm parts that could be assembled to make an operable firearm are located at the residence, vehicle, or other property of the respondent; and
   4. The credible and threat to the petitioner’s physical safety is immediate and present.
4. The search warrant must describe the scope of the search, the place to be searched, and direct the law enforcement agency to seize the respondent’s firearms, firearm parts, FOID Card, and any Concealed Carry License of the respondent.
   1. The respondent poses an immediate and present threat to the physical safety of the petitioner who is protected by the Order of Protection;
5. The warrant and information sheet are transmitted to the law enforcement agency.
   1. If the court determines a credible domestic violence report was made in the previous 90 days, the law enforcement agency will have 96 hours to execute the warrant.
   2. If the court finds there was no credible report in the previous 90 days, the law enforcement agency will have 48 hours to evaluate the warrant and seek corrections. If changes are made, then law enforcement will have 96 hours from the correction to execute the warrant.
   3. A return of the warrant shall be filed within 24 hours of execution, providing information on what was seized, and other details of the execution.
6. Surrendered or seized firearms and firearm parts shall remain with the local law enforcement agency until the termination of the Order of Protection or a further order of the Court.
   1. The respondent is responsible for requesting the return or reinstatement of any FOID Card or Concealed Carry License.
   2. The respondent is responsible for requesting the return of seized or surrendered firearms, which must be returned within 14 days of the request, if the respondent is lawfully eligible to possess firearms.
   3. If the Order of Protection is expired, but the firearms cannot be returned because: (1) the respondent did not request the return, (2) the respondent cannot be located or does not respond to 3 or more request to retrieve the firearms, or (3) is not lawfully eligible to possess the firearms, the local law enforcement agency can petition the court for permission to destroy the firearms, or to use them for other appropriate law enforcement purposes.

Prepare for Implementation

The implementation of Karina’s Law and its specific time requirements present a new complexity for local law enforcement, so it is important to work with legal counsel as guidance and policy develop in the coming months. The ILACP is working with the State’s Attorney’s Association, ISP and ISA to develop training. This is tentatively scheduled for March 4, and March 25, 2025. With sufficient preparation, law enforcement agencies will be prepared to implement Karina’s Law by the May 11, 2025 effective date, and will help fulfill the legislative purposes of protecting victims of domestic violence. KTJ stands ready to help any of our municipal clients and others with the implementation of this law. 

Authored by:

not pictured: Madeline Van Schelven

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