Illinois Domestic Violence 24 Hour Helpline For Survivors in Illinois 877-863-6338
National Domestic Violence Hotline/Linea Nacional Sobre La Violencia Domestica: 1-800-799-SAFE (7233)
TTY For The Deaf/TTY para los Sordos: 1-800-787-3224
Safety Alert for Battered Women: Computer use can be monitored and it is impossible to completely clear information viewed on the Internet from your computer. If you are in danger, please use a safer computer, call your local hotline, and/or call the National Domestic Violence Hotline. If you are at a safer computer, please click here for more information on using computers more safely.
There are Federal and Illinois laws that restrict an Abuser from possessing a valid Firearm Owner’s Identification Card (FOID) and a firearm if there is an existing Order of Protection or a Qualifying Misdemeanor Conviction. Click here to view
Illinois and Federal Firearms Laws.
Frequently Asked Questions Regarding Illinois and Federal Firearms Laws:
What are the Illinois Laws Regarding Guns and Domestic Violence?
In brief:
Under the Illinois Domestic Violence Act (IDVA), a Victim can request under Remedy 14.5 of the Illinois Order of Protection Act that the Abuser be prohibited from possessing a firearm. Click here to view this Remedy in the IDVA.
Under Illinois law, the Illinois State Police have the authority to deny an application for or revoke and seize an Abuser’s Firearm Owner’s Identification Card if the Department finds that the applicant or the person to whom such card was issued is or was at the time of issuance:
An Abuser subject to an existing Order of Protection that prohibits the possession of a firearm.
Illinois Public Safety Act at 430 ILCS 65(2) states that Law Enforcement Officers can receive an exception. The provisions state the gun ban does not apply to officers while "engaged in the operation of their official duties."
An Abuser who has a criminal conviction within the past 5 years of domestic battery or a substantially similar offense in another jurisdiction after January 1, 1998.
An Abuser who has a criminal conviction within the past 5 years of battery, assault, Violation of Order of Protection, etc. in which a firearm was used or possessed.
What are the Federal Laws Regarding Guns and Domestic Violence?
In brief:
Under Federal Law,
the Federal Violence Against Women Act states that:
It is a Federal Crime for any person subject to an Illinois Order of Protection to possess any firearm or ammunition. Abusers are not banned permanently from possessing guns, only for the time that the OP is in existence. There are “Official Use” exemptions allowing law enforcement and military personnel, who are subject to the Order, to possess their service weapon while at duty. [18 U.S.C. Section 922 (g)(8)]
It is also a Federal Crime for a person who is convicted of a qualifying misdemeanor crime of domestic violence (bodily harm) to possess a firearm or ammunition. The law applies to federal and Illinois misdemeanors that meet certain conditions. The gun ban is permanent. An Abuser can never legally possess a gun again unless the conviction has been set aside. Law enforcement officers are not exempt from this provision.
The U.S. Attorney General’s office has the authority to prosecute such violations, but to date prosecutions are rare.
