Protect Your Loved Ones: How to Request a Firearms Restraining Order in Illinois

When someone you love is showing warning signs that they might try to harm themselves or others, it can feel like there is nothing you can do in such a high-stakes and emotional situation. 

But there is one thing you can do: you can request a firearms restraining order to temporarily remove guns from the situation and help keep your loved one safe. 

In a moment of crisis, access to a gun can be the difference between life and death.

If you’re seeing signs that someone you love is considering harming themselves or someone else, you can seek a firearms restraining order to temporarily suspend their access to firearms, which are the most lethal form of suicide—until the crisis passes. 

What is a firearms restraining order (FRO)?

A firearms restraining order (FRO) provides a way to prevent someone who is at significant risk of harming themselves or others from possessing or gaining access to a gun during a time of crisis.

Who can request a FRO in Illinois?

Under Illinois law, a law enforcement officer or a person’s family member may file a petition for a FRO. A family member is defined as:

• A person related by blood or marriage (i.e. spouses, parents, siblings, children, step-children), or
• A person who shares a common dwelling (i.e. roommate, live-in partner)

How do I request a FRO?

To seek a FRO, a family or household member can fill out and file the application with their local circuit court. They can also contact a member of law enforcement to discuss their concerns. Law enforcement can then investigate these concerns and request the FRO from the court.

How long does a FRO last?

A final FRO lasts for six months. Within three months of the expiration date, the person who petitioned for the order may ask the court to renew it. The order can only be extended after a court hearing.

What happens after a FRO has been requested?

Once the court receives a petition for a FRO, the court will notify the person and schedule a court hearing to determine whether the order should be issued.

If, at the hearing, a court finds that a person poses a significant danger of injury to themselves or others with a firearm, the judge can issue a court order that requires the person’s firearms to be held by law enforcement for as long as the order is in effect. Under certain circumstances, the person may choose to transfer their guns being held by law enforcement to a third party who is legally allowed to hold them.

Also, the person will not be able to purchase new firearms while the order is in effect.

I’m afraid to wait until a court hearing is scheduled. What if the person is in immediate danger of harming themselves or someone else?

Concern for the safety of the person, or the public, may demand that action be taken before the scheduled hearing date, to prevent immediate danger.

To protect a person or public safety during this time, a judge may issue an emergency FRO that restricts a person’s access to firearms before the person has been notified of the petition, and before a full hearing is held.

Emergency FROs can be issued for up to a 14-day period. If issued, the court will schedule a follow-up hearing within 14 days in which both parties (the “petitioner,” or the the party that is requesting the FRO; and the “respondent,” or the person who would be subject to the FRO) have an opportunity to explain whether a six-month FRO should be issued. 

If, after the hearing, the court determines that the person poses a significant danger to themselves or others by possessing or being able to access a gun, the court shall issue a six-month FRO. Six-month FROs have the option to be renewed for additional six month periods. 

What evidence is needed in order for a court to consider a six-month FRO? 

In determining whether to issue a final FRO, a court will consider evidence including, but not limited to, the following:

• Unlawful and reckless use, display, or brandishing of a firearm by the respondent.
• Any history of use, attempted use, or threatened use of physical force by the respondent against another person.
• Any prior arrest of the respondent for a felony offense.
• Evidence of the abuse of controlled substances or alcohol by the respondent.
• A recent threat of violence or act of violence by the respondent directed toward themselves or another.
• A violation of an emergency or any other domestic violence order of protection.
• Any pattern of violent acts or violent threats, including, but not limited to, threats of violence or act of violence by the respondent directed toward themselves or others.¹https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3877&ChapterID=39

Reach Out for Help

If you or someone you know is in crisis, please call or text 988, or visit 988lifeline.org/chat to chat with a counselor from the 988 Suicide and Crisis Lifeline, previously known as the National Suicide Prevention Lifeline. The 988 Suicide and Crisis Lifeline provides 24/7, free, and confidential support to people in suicidal crisis or emotional distress anywhere in the US.