A proposed bill from Illinois Representative Kathleen Willis (D-Addison) would allow anyone to file a petition to take away someone’s gun rights if they felt the gun owner posed a threat to themselves or others.
The Lethal Violence Order of Protection Act says:
Provides that a petitioner may request an emergency lethal violence order of protection by filing an affidavit or verified pleading alleging that the respondent poses an immediate and present danger of causing personal injury to himself, herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm. Provides that the petition shall also describe the type, and location of any firearm or firearms presently believed by the petitioner to be possessed or controlled by the respondent. Provides that the petitioner may be a family member of the respondent or a law enforcement officer, who files a petition alleging that the respondent poses a danger of causing personal injury to himself, herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm. Establishes factors that the court must consider before issuing a lethal violence order of protection. Provides for the issuance of ex parte orders and one year orders. Provides that if the court issues the order the respondent must: (1) refrain from having in his or her custody or control, owning, purchasing, possessing, or receiving additional firearms for the duration of the order; and (2) turn over to the local law enforcement agency any firearm, Firearm Owner’s Identification Card, or concealed carry license in his or her possession. Establishes factors for renewing and terminating lethal violence orders of protection. Amends the Firearm Owners Identification Card Act and the Firearm Concealed Carry Act to make conforming changes.
“We’re trying to be as open to protecting people’s second right amendments, but also protecting people from themselves and other family members,” Rep. Willis said.
But passing a law to allow any “concerned” friend or relative to ask a circuit court to ban someone from buying or possessing a gun would open up a plethora of issues for law-abiding gun owners.
Fight with a spouse, tiff with a boyfriend, hate your sister-in-law, revenge on a neighbor – this bill, if passed, would basically allow the SWATing of anyone’s Second Amendment rights.
The National Rifle Association vehemently opposes the proposed bill, saying “this here just seems like a recipe for disaster in how to abuse a fundamental, constitutional right.”
Rep. Barbara Wheeler (R-Crystal Lake) says the proposal is flat out government overreach.
Todd Vandermyde, with the Illinois NRA, went on to say if passed, the proposal would flip the judicial system on its head, forcing a legal gun-owner to have to prove his innocence.
The House Judiciary Criminal Committee advanced the bill on Wednesday. The bill now heads to the House floor.
If you’re in Illinois, I suggest you start calling your local representative and start making some noise to oppose this bill.