Firearm Restraining Orders

A firearm restraining order (FRO) is a way for family, household members, or law enforcement to ask a court to restrict a person’s access to guns, to ammunition, and to firearm parts when that person poses a significant danger to themselves or others. A FRO is a tool to buy time when it matters most and empowers law enforcement and families to prevent gun violence and firearm-related suicide.

On January 1, 2019, the Firearms Restraining Order Act (430 ILCS 67/1) went into effect in Illinois. The Firearms Restraining Order Act provides a formal legal process to ask a court to issue a FRO.

The Firearms Restraining Order Act was established in response to a series of deadly mass shootings and increased rates of suicide across the country. It allows family/household members and law enforcement to work with courts to temporarily remove guns, ammunition, and firearm parts, and prevents the purchase of new guns for the duration of the order by individuals who pose a significant risk of harm to themselves or others.

The goal is to ensure the safety of the individual and those around them. This creates safer circumstances for the individual to seek treatment, to stabilize their behavior, or to access resources to address the underlying causes of their dangerous behavior.

A family or household member or law enforcement can ask, or “petition,” an Illinois circuit court for an order to temporarily limit firearm access for a “respondent,” the individual who poses a danger of injury.

"Family member of the respondent" means a spouse, former spouse, person with whom the respondent has a minor child in common, parent, child, or stepchild of the respondent, any other person related by blood or present marriage to the respondent, or a person who shares a common dwelling with the respondent.”

A petition for a FRO may be filed in any county where the respondent resides or any county where an incident occurred that involved the respondent posing an immediate and present danger of causing personal injury to the respondent or another by having in his or her custody or control a firearm, ammunition, or firearm parts that could be assembled to make an operable firearm; or having purchased, possessed, or received a firearm, ammunition, or firearm parts that could be assembled to make an operable firearm threat.

There are two completely equal ways a family member or household member to request a (petition) for a firearm restraining order:

• Contact the county clerk’s office in the county the respondent lives or any county where an incident occurred.
  • When contacting the courthouse, ask for the clerk’s office.
  • The clerk’s office will provide forms and know the appropriate person to assist you with completing a FRO petition. Clerks are unable to help write the petition; however, they can direct you to the organizations (such as Illinois Legal Aid Online, Legal Assistance Referrals (Office of the Illinois Attorney General), local family services) in your community who can assist you.

• Contact your local law enforcement agency.
  • Make sure also to report immediate safety threats to local law enforcement.
  • If the law enforcement agency chooses not to petition for a FRO, or if you prefer not to approach law enforcement, you can contact your county clerk’s office. 

Obtaining a FRO can be a proactive way to prevent violence and suicide if law enforcement officers encounter someone demonstrating that they pose a risk to themselves or others. Law enforcement officers can identify individuals who pose a danger of causing personal injury to himself, herself, or another by having in his or her custody or control a firearm, 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, or has purchased, possessed, or received a firearm, ammunition, or firearm parts that could be assembled to make an operable firearm.

Per Public Act 102-0345, the Illinois Law Enforcement Training Standards Board shall develop and approve a standard curriculum for a training program regarding the Firearms Restraining Order Act. The board shall conduct a training program that instructs officers on the use of firearm restraining orders, how to identify situations in which a firearm restraining order is appropriate, and how to safely promote the usage of firearm restraining orders in different situations.

The Illinois Office of the Attorney General provides training for law enforcement to explain the law concerning firearms when a person poses a significant danger to themselves or others. These events are scheduled on a rolling basis. Send an email to Special Events for more information.

As a health care provider, you cannot petition for a FRO, but you can advise patients and their family members about FRO and its protections. FRO is a civil procedure. It creates a temporary restriction on firearm access to provide some breathing room for those in distress who may be in danger of harming themselves or others.

You can work with the petitioner to support them through the process, including helping to complete the necessary form. If the petitioner is using a lawyer, you can volunteer to speak with the lawyer to support the case. If you do not have the capacity to assist with the process of petitioning, refer them to a social worker or case manager that can provide ongoing support as they go through the steps of requesting the FRO.

In all cases when a firearm is present in the home, even when there is not imminent risk, educating patients and families about safe storage is critical. Have literature about safe storage, as well as gun locks, available to your patients and their families.

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