Big Changes Coming to Gun Possession Laws in Illinois?

State Law May Soon Change 

This fall, advocates attempted to pass a bill that would have barred possession of firearms for those against whom an order of protection is in place. However, the bill did not make much progress. That may be about to change. Advocates met this week to attempt to push forward House Bill 1404, known as Karina’s Bill. HB 1404 would remove any guns from those who would face an order of protection. This could have significant consequences for those who have orders of protection placed against them.  

An order of protection, as it functions now, does not allow law enforcement officials to search property or take away firearms. This change may mean that a process that was both difficult to enforce before and minimally invasive may soon radically change.  

Federal Constitutional Debate 

Opponents of gun-restrictions have lobbied against the bill, some arguing it is unconstitutional. However, the Supreme Court appears likely to uphold a federal regulation which does many of the same things as HB 1404.  

18 U.S.C. § 922(g)(8) prohibits anyone who is subject to a court order of protection, or equivalent, to ship, transport between states, or possess a firearm in many contexts. A Texas man, Zackey Rahimi, challenged the constitutionality of the law, and his case came before the Supreme Court this last fall in oral arguments. In Feb. 2020, a protective order in the State of Texas was put in place against Rahimi after he was accused of assaulting his girlfriend. The incident included a firearm.  

The protective order barred Rahimi from going near his former girlfriend as well as barring him from having a gun. In 2021, police searched Rahimi’s home because he was suspected in a series of shootings. After the search, they found multiple firearms, and he was charged with violating 18 U.S.C. § 922(g)(8).  

While predicting the future is hard to do, let alone when it comes to the modern Supreme Court, Justices let on that they were inclined to allow the law to stand as is. Even Justices Alito, Barrett, and Kavanaugh indicated suspicion of Rahimi’s position. As the law is similar to the Illinois bill, it follows that the same attitudes would apply to the Illinois version.  

Additionally, the Supreme Court also recently denied a request to review the Illinois assault weapon ban. Granted, that may be for the issue to be taken up in a challenge later this year. This, too, may indicate a hesitancy to wholesale bar gun restrictions.  

Back to Illinois 

It is hard to predict what will happen in the legislature or in the courts. However, momentum seems to be heating up for HB 1404, and if the Justice’s comments during oral arguments are any indication, the bill could likely be considered constitutional should it pass. How this bill could impact the process of orders of protection is complex to say, but the legally curious citizen will have to wait and see how the law plays out.  

Sources:

• https://www.sj-r.com/story/news/politics/state
• https://www.sj-r.com/story/news/politics/