Illinois 2026: Firearms Restraining Order Expansion Bills

What the Bills Would Do

Illinois enacted its Firearms Restraining Order Act (430 ILCS 67) in 2019, allowing family members, household members, and law enforcement to petition a court to temporarily remove firearms from individuals who pose a danger. Two bills advancing in the 104th General Assembly would expand this framework:

HB5403 — Firearms Restraining Order Amendments: Would broaden the categories of petitioners eligible to file for a firearms restraining order and potentially extend the duration of orders. Assigned to the Gun Violence Prevention Committee as of March 4, 2026^[1].

SB1206 — Firearms Restraining Order: Law Enforcement: Would strengthen the role of law enforcement in the firearms restraining order process, potentially requiring officers to petition for orders in certain circumstances rather than making petitions discretionary. The bill has a committee deadline of March 27, 2026, and received a Rule 2-10 deadline establishment on March 13^[2].

Current Status

Both bills are actively positioned for committee consideration. HB5403 has a committee assignment in the Gun Violence Prevention Committee. SB1206 has a hard deadline of March 27, 2026, indicating the Senate intends to move it. Illinois's red flag law has been used thousands of times since its enactment, and data from ISP shows usage has increased year over year.

What to Watch

The law enforcement mandate in SB1206 would be a significant expansion. Currently, officers have discretion over whether to petition for a firearms restraining order. If the bill requires petitions in certain situations (for example, after a domestic violence call where firearms are present), it would substantially increase the volume of orders and create new obligations for law enforcement agencies. Due process concerns will be central to any debate — respondents in firearms restraining order proceedings currently have the right to a hearing within 14 days, and any extension of order duration or relaxation of evidentiary standards will face constitutional scrutiny.