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By Mike Keleher

Like most of you, I don't pay much attention to the sheer volume of laws passed each year by state law makers. This year, 1044 laws were approved by the legislature and signed off on by the governor.

However, I do perk up when I see firearms related laws going into effect on New Year's Day which I might not have paid any attention to during the previous year.

This week, the brand new Illinois Firearms Restraining Order Act, found at 430 Illinois Compiled Statute, Section 67, is open for business. This is one of those "Somebody Ought to Do Something" laws which allows people to file petitions with the court to get a judge to issue to issue orders to "temporarily" take personally owned guns and their rights to possess legally owned firearms away from a citizen who the petitioner believes may be a danger to themselves and others…despite the fact no crime has been committed.  In addition to the emergency order, a petitioner can request an order keeping the gun owner from getting their property back for up to six months. By the way, the gun owner is not invited to participate in this emergency process- it is Ex Parte. Once such an order has been issued and firearms seized, the respondent is invited to come to a court hearing 7 days later to see what is being said against them.

These controversial laws are known as "Red Flag Laws"- allowing courts to jump in to try and stop people who are showing Red Flag warnings of impending possible violence. Gun Control advocates claim it is a "common sense" approach. Pro Gun advocates can see it as legislating their fear of gun grabs by the government with limited review.

Five states have recently enacted this type of Red Flag law and eighteen more are considering it. A Maryland resident objected to this type of order being served in November of 2018, became agitated and shot at police, who in turned killed him.

The only standard of review on this process, is if the local judge believes after reading the complaint, probable cause exists to believe the subject poses a risk to themselves or others by the fact they are in possession of firearms, are buying firearms or receiving firearms.

Upon issue of such a restraining order under the new Illinois law, a search warrant is issued by the court directing police search the subject's residence or other locations identified to seize firearms, FOID card and Concealed Carry Permits.

There are good and bad aspects to this law. It is of course impossible to only "do good" in such a complicated series of issues.

On the positive side, there are people in our society who are actively dangerous and this law can impact. Stalkers and Domestic Violence suspects are frequently observed by family and friends with escalating violent or mental health behaviors-these people should receive intervention by families and authorities to prevent homicides, suicides and other tragedies, and by the way, there are already laws in existence which allow retraining orders against the suspects and their behaviors.

Almost every spree shooter we have seen in recent years have openly displayed and foreshadowed their upcoming murder sprees. Intervention has prevented other tragedies when police, courts and family work together to prevent violence.

On the down side of Firearms Retraining Order laws, as seen in other jurisdictions, are the people who are complainants in these actions are not subject to much screening, and a simple perjury charge exists if they are found misusing this law to target firearm owners. Any angry family member, spouse, ex-spouse, or intimate can make a claim the subject should not have firearms and with the stroke of a judges' pen, the local police are directed to seize the subject's firearms and ammunition.

Another law that passed this past year under SB03411, allows employers, churches and schools to petition for orders of protection against stalkers, and if it is granted the stalker can be compelled to give up firearms and their FOID card.

Rounding out the new firearms/hunting laws starting this new year, is the new law which allows "Blaze Pink" to be recognized as an official safe color for hunting along with Blaze Orange—who says Illinois legislators don't do anything important?

11 thoughts on “New Illinois Firearms Laws Take Effect January First 2019”
  1. All of these gun control laws including the FOID card law are brought to you by the illinois Gun lobby. 


    I will give no more money and I  will not help them as i have in the past until they clean up their act.

    I do not know of one gun law that is not a violation of the second article. 

    i will give to GOA and try to build a stronger grass roots gun lobby through them. Maybe GOA will help someone start a new gun group in Illinois that isnt full of old farts that like to bend over and grab their knees everytime Chicago says drop-em

    1. Is it just the old farts bending over and taking it, as you wrote?! Seems to me all the Patriots across this fine nation are as well! Take a look around, while these mission creep laws are being passed, Patriots are just sitting back and watching the erosion of the constitution happen. Especially the 2nd Amendment. Say what you will about that guy in Maryland, but at least he fought back when the tyranny came for him! I don’t know what his story was or why he was targeted.  It may or may not have been justified. But this law leaves no room to determine valid verses invalid and all it does is open up a fast lane to gun confiscation. 

      So, my point is, we are all bending over and taking it. And it will only stop when we rise up and realize that enough is enough! And I don’t mean fighting back with words or useless, corrupt votes! I mean like the real Patriots of this great nation did! With arms and guts to stop tyranny in its tracks! 

      Until that day comes, continue to lower the flag and prepare to salute to the death of America as you watch the rise of a new socialist nation! 

    2. Alpha Co;  Patriots have been stepping back and bending over for years. We put our trust in people that will negotiate our Rights Away at the drop of a hat and it must stop.

      As for my comment, I was making a specific point about a problem that has existed in the Illinois gun lobby for years. We got the FOID card because the Illinois gun lobby wrote the law. The anti-gunners did not write the law the gun lobby wrote the law. This has got to stop. I tried to get the State gun lobby to build a massive grass Roots organization years ago. I even showed them away it could be done. In the end it was a waste of my time

    3. For what it is worth, I disagree with most of what you wrote.

      The reason we get all of these gun laws is, in part, because the majority of gun owners are not willing to put their money and their time into making pro gun organizations stronger and more of a force. They would rather just mouth off on forums than actually committing their time and money to put the necessary teeth behind the gun organizations. Less than 10% of Illinois gun owners belong to any of the Illinois gun organizations. 

      As someone who has been involved in lobbying since 1980 in Illinois, I can tell you that even if every gun owner was as involved as they ought to be, it would still be an uphill battle. I don't lobby for gun issues but for other issues so I often hear things the gun lobbysts don't. They are even close to being strong enough to do anything but try to create compromises that minimizes the damage that Madigan and the Chicago machine is bent on doing.

      Frankly, I understand your frustration and even your anger, but you are looking at this all wrong if you think taking your ball and going home is the answer.

    4. Yeah but,,,too many politicians betray We The People and that's a big problem. People should call and call and call and hold their feet to the fire. Although sometimes it's hard to believe but these politicians are still human and they too will cave to pressurefrom their constituents. We The People need more frequent voices to be strong. In regarding the organization memberships, which one is the right one? Is something better than nothing? Now your name is on another list,,,is that good? And many folks straight up these days don't have the money to donate. So for those that are not members of any organizations, get on the phone and let those politicians really know how you feel. There are many more patriots that there are snowflakes. Keep that in mind.

  2. Is this website for sale? Get back to me. I see you very rarely post content and the content that you post is few and far between. Why do you operate a website? Do you get paid for advertising even if you post no content? Do you have any web traffic anymore? What a waste I'll give you a buck for it

  3. Well. Enough  has  been said about. It.   Mount up and go for it.  What you got to loose . If somebody don’t start something pretty soon.   It’s gonna be to late.  What the hell are we afraid of ?    I damn sure. Am ready to stand up and fight  !!  We gonna just sit here and let  those bastards  run over us  ???

    1. Hi Jackie, unfortunately one person gearing up and trying to stop this, would be dead pretty darn quick. And that battle would be over before a tyrants coffee got cold. However, hundreds of million Patriots geared up and ready to stop tyranny, is another type of battle. Sadly it appears we have plenty of people who own guns, play “infantry” in the woods on the weekend or when stalking deer, but haven’t the constitution to fight for the Constitution and our God given rights! 

  4. I'd be in agreement with you guys who say only an armed insurrection/civil war will undo the shackles on the 2nd Amendment.  The demographic shift ensures this, with dumbed down foreigners, millenials too afraid to make it on their lonesomes, and the billionaires who fund the media and globalist politicians, among other related factors.  Communists NEVER compromise.  There needs to be a flashpoint or a charismatic figure to initiate a mass resistance.  History shows that reasonable discussions with an inveterate opponent never leads to freedom and liberty.  

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