by John Boch

The anti-gunners (primarily the Illinois Council Against Handgun Violence, and the other also-rans) are working hard to push their signature bill for this session:  HB-3160 – The “Lethal Violence Order of Protection”.

The gun haters claim HB-3160 is a harmless, “common sense” bill to deal with mental health and guns.  They claim it will only be used in extreme cases.  They also have worked hard to cloak aspects of this bill that are ripe for abuse and of dubious constitutionality.

The gun grabbers know they can’t get anything significant through the legislature, so they are left with sleight of hand to try to sneak through innocuous sounding bills that will have meaningful impact on everyday gun owners. Trust me, they wouldn’t be working this bill so hard if it was an innocuous bill only to be used in extreme cases. They have been working on this project for many months now.  The Illinois Council Against Handgun Violence and the rest of the gun-grabbing gang have all put a boatload of time, money and political capital into getting this bill passed.

They are working female legislators, particularly Republicans, to pick up votes and co-sponsors.  So far, they’ve not seen a lot of success, but rest assured, they are working hard to change that.

What is HB-3160?

Creates the Lethal Violence Order of Protection Act. 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.

Running that through the universal translator:  Any family member or law enforcement officer may file a petition alleging that you, Mr. Gun Owner, pose a danger to yourself, or others by merely possessing guns.  They can do this without any notification to you and with the thinnest of evidence.  If they can convince a judge of this allegation, you lose your firearm rights.  Period.  You won’t be able to confront your accusers.  Once the order is issued, police will come search your property right away and seize your guns, your ammunition and your FOID card (and your concealed carry license, if you have one).  Have a nice day.

What are some of the reasons a court might issue said order?  It’s right there in the bill:

1. Reckless use, display or brandishing of a firearm.  I’m sure that some gun haters would consider a rifle rack on the wall a reckless display of a firearm. 
2. History of use, attempted use or threatened use of force against another person.  No exception is made for a history of use, attempted use or threatened use of lawful force in self-defense.
3. Prior arrest for a felony offense.  So much for innocent until proven guilty.
4. Evidence of alcohol or drug abuse.  Get a DUI?  Guilty.  Drink enough to score .08 on a breathalyzer?  The CDC says that’s binge drinking/alcohol abuse.  Guilty.  Got a medical marijuana card?  You’re on thin ice.
5. Evidence of recent acquisition of firearms, ammunition or other deadly weapons.  Have you bought or “acquired” a gun recently, or ammo?  You’re eligible to have a LVOP issued against you.

How do you score on that scale?  If you get into an argument with a gun-hating leftist member of your family at your Thanksgiving dinner?  You could lose your gun rights.

Upset your pajama-boy son living in your basement by asking him to get a job?  How about a member of the local constabulary who doesn’t like who you are or what you do for a living?  Anger your step-child who never has really liked you – even if they don’t still live at home?  Any of these scenarios could result in you finding yourself on the wrong end of a wrongful allegation.

You’ll have an opportunity to appear in court in an automatic hearing two- to four-weeks later to argue your non-threatening nature – at your own expense.   You will have to prove that you are not a threat to yourself or others – by a preponderance of the evidence.  That’s right:  the burden of proof is on you to prove your innocence.

What’s more, if the police can’t find you when the order expires, they will destroy your property or use it for training.  How sweet is that?

A cursory read of the bill didn’t turn up penalties or liability for reckless or unfounded accusations against another in seeking a “Lethal Violence Order of Protection”.

ACTION ITEM:

We need our members, friends and families to contact their Illinois House of Representatives members to educate them about the problems in this bill and to urge their opposition to HB-3160:  The Lethal Violence Order of Protection. 

Don’t know your representative’s numbers?  We can help.  Click here.