New Law Allows Search and Seizure Warrants in Order of Protection Cases
Earlier this week, Governor Pritzker signed “Karina’s Bill” into law, which allows judges that have issued a civil order of protection the ability to also issue a search-and-seizure warrant to be executed within 96 hours for any firearms that the accused abuser may have in their possession or home. The bill is named after Karina Gonzalez, who was allegedly murdered along with her 15-year-old daughter in their home in 2023 by Karina’s husband after she was granted an order of protection against him. Although the order of protection led to the automatic revocation of her husband’s firearm owner’s identification card (“FOID”), his gun was allegedly never seized and he is alleged to have used that weapon to murder his wife and daughter while also wounding his 18-year-old son who survived. Advocates for the bill said it is necessary to fill the gaps in inconsistent enforcement of the law that in practice has led to many accused abusers retaining their firearms despite their prohibition under laws already in place. “The reality is this: there are abusers that have access to guns and are not turning them in because they’re using it in order to harass, to hurt and to harm people that they claim to love,” sponsoring state Sen. Celina Villanueva said in advocating for the legislation’s passage. The bill had previously stalled while legislators waited for a United States Supreme Court decision last year that ruled that it is not unconstitutional under the Second Amendment for governments to pass bills that prohibit a person charged with a domestic violence restraining order from possessing a firearm. “The road to get here was long but the results will save lives,” said Illinois Senate President Don Harmon. Although lawmakers clearly believe this law does not violate the Second Amendment, there will assuredly be challenges to the legality of these search-and-seizures in the near future. As a criminal defense lawyer I can envision a variety of constitutional challenges, as well as a strong potential for abuse. I suspect the constitutionality of this new law will be challenged almost immediately.
Introduced Bill Seeks to Helps First-Time Gun Offenders Get Firearm License
Cook County State’s Attorney Eileen Burke introduced her first legislative proposal since taking office that would allow certain individuals charged with a gun offense who otherwise would have qualified for a FOID card to comply with the licensing regulations, have their gun charges dismissed, and allow them the possibility of receiving their FOID card. The proposed relief would only be available to those charged with a Class 4 felony, the lowest class of felony charges for a weapon which does not include automatic weapons, in nonviolent cases as first-time offenders with no criminal history. The individuals must also participate in one the courts diversion programs, such as “First Time Weapons Offense Program” that seek to educate participants in responsible gun ownership. “There is no higher priority for this office than getting illegal guns and the people who use them off the street, and we will use every resource at our disposal in that effort,” Burke said. “At the same time, we must be smart about how we use our resources and how we impact people and communities. This bill will provide another tool to strike that important balance.” Ultimately, the Illinois State Police would still have the authority to deny any applicants that do not meet the set criteria for obtaining a FOID card under the current version of the bill.
Recent Legal Challenge to Illinois Concealed Carry Law
The Illinois Supreme Court recently heard oral arguments in a case challenging the constitutionality of Illinois Concealed Carry License (“CCL”) statute. Tyshon Thompson is appealing his previous conviction for violating the statute which forbids individuals from carrying a firearm in public without a valid CCL card after he was arrested in connection to a highway shooting. His appeal is largely based on the recent US Supreme Court’s decision in Bruen, which has led to courts across the country to strike down or reconsider previous gun control measures, as we have previously covered. In Bruen, the Supreme Court ruled that “may-issue” gun regulations violate the Second Amendment rights of individuals because they give discretion to officials in licensing, in contrast to “shall-issue” gun regulations which requires a license to be issued provided the applicant meets certain, set criteria. Under Illinois law, to receive a CCL card, an individual has to have a valid FOID card, pass and complete a specific 16-hour training class, and not have any of the prohibited classifications of backgrounds listed in the statute. Thompson’s defense counsel argues not only that this double licensing requirement (getting both a FOID and CCL license) is unconstitutional, but also that the concealed carry law is “facially unconstitutional as it categorically bans a law-abiding citizen’s Second Amendment right to public open carry a handgun,” although it is unclear if Thompson has the required standing to challenge Illinois’ open carry ban. In its defense of the statute, the State argued that the CCL statute is a “shall-issue” license and pointed out that while Thompson had a valid FOID card at the time of his arrest, he had not applied for a CCL card and would have likely received it had he completed the necessary steps. No timetable has been given for when a decision will be made but expect more challenges to gun regulations at the state and federal level in the future. Anyone with a previous conviction for violating gun laws should be paying close attention to any rulings which could impact the integrity of their prior conviction, no matter how old it may be, as well as their ability to possess a firearm in the future.
