Firearm Restraining Orders

A Firearm Restraining Order (FRO) is a civil – not criminal – procedure in Illinois that allows family, household members, and law enforcement to petition a court to temporarily restrict a person’s access to firearms while they pose an imminent danger to themselves or others. FROs are a resource that can help prevent gun injuries and deaths, including firearm suicide.

In any crisis, time is precious. Individuals experiencing moments of crisis need time to think things over and seek help. But bullets move faster than people heal. When an individual is saying or doing things that suggest they intend to harm themselves or others, having access to a firearm can rob them in an instant of the time they need to heal.

The goal of FROs is to ensure the safety of the individual and those around them by pressing pause on a potentially deadly situation. This creates safer circumstances for the individual to stabilize their behavior, seek treatment if needed, or access resources to address the underlying causes of their potentially dangerous behavior.

Because FROs in Illinois and many similar extreme risk laws across the country are relatively new, researchers are still studying their effects. Initial research has revealed these tools can be effective intervention tools. Research in Connecticut has shown that at least one life was saved from firearm suicide for every 10 to 20 orders issued. Additional research of California’s equivalent of a Firearm Restraining Order found that approximately 13% of issued orders prevented a potential mass shooting.

Watch the PSA below, based on actual events, to see how FROs can pause a potentially dangerous situation.

The “Pause to Heal” campaign is a partnership between the Illinois Department of Public Health, Brady: United Against Gun Violence, and the Ad Council with the goal of raising awareness of Firearm Restraining Orders as a life-saving resource for Illinoisans.

The Firearms Restraining Order Act (430 ILCS 67/1) went into effect in Illinois on January 1, 2019, and provides a formal legal process to petition a court to issue a FRO. In Illinois, a family or household member or law enforcement can ask, or “petition,” a circuit court for a FRO to temporarily limit firearm access for a “respondent,” the individual who poses an imminent risk of injuring themselves or others.

Hearings for FROs happen in civil, not criminal, courts. The at-risk individual can attend and have an opportunity to be heard as part of the evidence presented. If the judge determines that a FRO is warranted, the at-risk individual will temporarily be restricted from owning guns, ammunition, or firearm parts, as well as prevented from purchasing new guns. A subsequent hearing can be scheduled to determine if the individual continues to be a threat to themselves or others, and if so, the FRO’s duration may be extended for approximately six months, or up to one year.

Family Member or Household Members 

"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 ways a family member or household member can 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.

        or

• 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.
     

Law Enforcement

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 themselves or another by having in their custody or control: a firearm; ammunition; or firearm parts that could be assembled to make an operable firearm. Click here to learn more about law enforcement training on the Firearms Restraining Order Act.