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 102-0345, effective June 1, 2022, amended the Firearms Restraining Order Act to extend 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 the respondent being present or notified in advance) when a petitioner demonstrates that the respondent poses an immediate and present danger of causing personal injury to themselves or another. An emergency order is valid for 14 days.
• 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 a period of up to one year (extended from six months by Public Act 102-0345, effective 2022).

Both types of orders require the respondent to surrender all firearms, Firearm Owner's Identification (FOID) cards, and Concealed Carry Licenses (CCLs) in their possession.^[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 resides or has resided in the same household as the respondent
• A law enforcement officer
• A health care provider, mental health professional, or school administrator (added by Public Act 102-0345, effective June 1, 2022)

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

Standard of Proof

For an emergency order, the petitioner must establish by a preponderance of the evidence that the respondent poses an immediate and present danger of causing personal injury to themselves or another and that the respondent possesses firearms. For a long-term order, the court must find by clear and convincing evidence that the respondent poses a significant danger of personal injury to themselves or another by having firearms in their custody or control.^[1]

Surrender and Storage of Firearms

Upon issuance of a firearms restraining order, the respondent must immediately surrender all firearms in their possession to local law enforcement. The respondent must also surrender their FOID card and any CCL. Firearms surrendered under the Act are held by law enforcement for the duration of the order. Alternatively, the respondent may transfer firearms to a federally licensed firearms dealer for storage during the order's effective period.^[2]

Under Karina's Law, signed in February 2025 and effective May 11, 2025, law enforcement is required to obtain a search warrant from a judge and then confiscate firearms within 96 hours of receiving the warrant from individuals subject to domestic violence protective orders, strengthening the enforcement timeline for firearm surrender obligations.^[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 no longer pose a significant danger
• Return of firearms: When an order expires or is terminated, the respondent may petition for the return of their surrendered firearms, provided they are not otherwise disqualified from possession under state or 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 triggers automatic FOID card revocation by the Illinois State Police. This means that even after the restraining order expires, the respondent must apply for a new FOID card through the standard application process and meet all eligibility requirements before they may lawfully possess firearms again. The ISP coordinates with the courts to process these revocations and to monitor compliance with surrender requirements.^[4]