Firearms Restraining Orders (Red Flag Law)

The Firearms Restraining Order Act, codified at 430 ILCS 67, is Illinois's "red flag" law. Effective January 1, 2019, the Act allows courts to issue orders temporarily restricting an individual's access to firearms when there is evidence that the person poses a significant danger to themselves or others. Public Act 102-1116, effective January 10, 2023, extended the maximum duration of long-term orders from six months to one year.^[1]

Types of Firearms Restraining Orders

The Act provides for two types of orders:

• Emergency Firearms Restraining Order: Issued on an ex parte basis (without notice to the respondent) when a judge finds probable cause to believe that the respondent poses an immediate and present danger of causing personal injury to themselves or another by having in their custody or control, purchasing, possessing, or receiving a firearm, ammunition, or firearm parts that could be assembled to make an operable firearm. The court must schedule a full hearing no later than 14 days after issuing an emergency order. It may extend the order for up to 14 days to effectuate service or continue protection, or for a greater length of time by mutual agreement of the parties.
• Firearms Restraining Order (long-term): Issued after a hearing at which the respondent has the opportunity to appear and present evidence. A long-term order may be issued for six months to one year, as provided by Public Act 102-1116, effective January 10, 2023.

Both types of orders prohibit firearm possession and require compliance with FOID-card disposition procedures and CCL surrender requirements. When the court finds probable cause that the respondent possesses firearms, ammunition, or firearm parts that could be assembled to make an operable firearm, it must issue a warrant directing law enforcement to seize them.^[1]

Who May Petition

The following persons may file a petition for a firearms restraining order:^[1]

• A family member of the respondent
• A person who shares a common dwelling with the respondent
• A law enforcement officer

These are the only authorized petitioner categories under 430 ILCS 67/5. Health care providers, mental health professionals, and school administrators may file petitions only if they also qualify as a family member or law enforcement officer. They may share concerns with family members or law enforcement, who can then petition.

"Family member" is defined broadly under the Act and includes spouses, parents, children, siblings, grandparents, grandchildren, stepparents, stepchildren, and others related by blood or present marriage. Former spouses and persons who share a minor child with the respondent also qualify.^[1]

Standard of Proof

For an emergency order, the court must find probable cause to believe that the respondent poses an immediate and present danger of causing personal injury to themselves or another by having in their custody or control, purchasing, possessing, or receiving a firearm, ammunition, or firearm parts that could be assembled to make an operable firearm. For a long-term order, the petitioner must prove by clear and convincing evidence that the respondent poses a significant danger of personal injury to themselves or another by having in their custody or control, purchasing, possessing, or receiving a firearm, ammunition, and firearm parts that could be assembled to make an operable firearm.^[1]

Surrender and Storage of Firearms

A court-issued warrant directs law enforcement to seize the respondent's firearms. Under Section 9.5 of the FOID Card Act, a person must, within 48 hours of receiving notice of revocation, complete a Firearm Disposition Record and place their firearms in the location or with the person reported in that record. The respondent must also surrender their FOID card and any CCL. Firearms seized by law enforcement are held for safekeeping, but a court may authorize a transfer during a plenary order or return firearms to another lawful owner under the Act's notice, affidavit, and storage requirements. A transfer to a federally licensed firearms dealer for storage cannot replace compliance with a court-issued warrant directing law enforcement to seize the respondent's firearms.^[2]

Under Karina's Law, signed on February 10, 2025 and effective May 11, 2025, a search warrant for a criminal domestic violence order of protection must be executed within 96 hours after issuance. For a civil order, the 96-hour deadline runs from receipt if the court finds that the petitioner made a credible report of domestic violence to local law enforcement within the preceding 90 days. Upon petition by the appropriate law enforcement agency, the court may modify the civil search warrant or extend the time to execute it for no more than 96 hours. Otherwise, law enforcement must evaluate the warrant within 48 hours of receipt and execute it within 96 hours after any correction is issued.^[3]

Respondent's Rights

The Act includes procedural safeguards for respondents:

• Right to a hearing: Before a long-term order is issued, the respondent has the right to appear in court, present evidence, cross-examine witnesses, and be represented by an attorney
• Right to petition for termination: A respondent subject to a long-term order may petition the court once during the order's effective period to have the order terminated early. The respondent bears the burden of proving by a preponderance of the evidence that they do not pose a danger of causing personal injury to themselves or another in the near future through access to firearms, ammunition, or parts that could be assembled into an operable firearm
• Return of firearms: When an order expires or is terminated, surrendered firearms may be returned only if the respondent is lawfully eligible to possess them under state and federal law

Penalties for Violation

A person who knowingly violates a firearms restraining order by possessing a firearm commits a Class A misdemeanor, punishable by up to 364 days in jail and a fine of up to $2,500. The statute does not provide for an enhanced felony charge on subsequent violations. Each violation is a Class A misdemeanor. Additionally, filing a knowingly false petition for a firearms restraining order is a criminal offense. Prosecution for a violation of an FRO does not bar concurrent prosecution for any other offense.^[1]

Interaction with FOID Revocation

The issuance of a firearms restraining order requires the ISP to deny, suspend, or revoke FOID privileges under 430 ILCS 65/8.2 and 8.3, though the action taken depends on the circumstances rather than operating as automatic revocation in every case. Where the card is revoked, expiration of the restraining order alone does not restore lawful firearm possession. The ISP directs revoked-card holders to request an appeal review by email with their name, date of birth, and FOID number if applicable. The respondent must regain lawful eligibility before possessing firearms again. Court orders are transmitted through the sheriff to the ISP, which maintains a complete and systematic record and index of valid recorded firearms restraining orders. Respondents subject to FOID revocation must provide the ISP with a Firearm Disposition Record.^[4]