Gun confiscation from individuals subject to domestic orders of protection is now the law in Illinois.
Governor J.B. Pritzker signed House Bill 4144 on Monday in Chicago, making it law three months after signing. The measure, initially proposed as a bill concerning fire hydrants, was approved during the 103rd General Assembly’s lame-duck session in January.
Named after Karina Gonzalez, who was fatally shot by her husband in 2023 despite an order of protection, the law aims to prevent such tragedies by ensuring firearms are removed from those subject to protective orders.
State Representative Maura Hirschauer, D-Batavia, emphasized the measure’s goal. “Here in Illinois, we value your life and the life of your families more than we value your abuser’s gun,” Hirschauer stated before Pritzker signed the bill.
Ed Sullivan of the Illinois State Rifle Association acknowledged that convicted domestic abusers should not have access to firearms but expressed concerns over due process. “How can you take away someone’s firearms without giving them a court case? But here we are. That’s what they’re trying to do,” Sullivan told The Center Square.
Under the new law, when someone is the subject of a domestic order of protection, their Firearm Owner’s Identification (FOID) card is automatically suspended, and they must relinquish their firearms to law enforcement or a third party qualified to hold them.
Maralea Negron, with The Network Advocating Against Domestic Violence, clarified that firearms may eventually be transferred from law enforcement to third parties approved by a judge. “There’s a process for those firearms to not stay with law enforcement but to go to someone else who the judge has decided is OK to have possession,” Negron stated.
Sullivan raised concerns about the lack of clear mechanisms for returning firearms if an order of protection expires or is dismissed. “You can’t get your firearms back until you get your FOID card back,” he said. “And so there’s no easy mechanism to try to get your FOID card back. It could take months to a year.”
A separate measure has been introduced to expedite the process of restoring FOID cards for those whose orders of protection have been reversed.
