FIREARMS-DOMESTIC VIOLENCE

Session: 103rd General Assembly
Year: 2023
Bill #: SB2633
Category: Public Safety and Law Enforcement
Position: No position
Mandate?
Revenue Loss?
Authority Preemption?

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Amends the Firearms Restraining Order Act to include in the definition of "petitioner" an intimate partner. Amends the Protective Orders Article of the Code of Criminal Procedures of 1963 and the Illinois Domestic Violence Act of 1986. Provides that, if the petitioner seeks a court order prohibiting the respondent from possessing firearms, firearm ammunition, and firearm parts that could be assembled to make an operable firearm, the court shall immediately issue a search warrant directing seizure of firearms at the time an ex parte or final order of protection is issued, if the court finds, based on the facts presented that: (1) probable cause exists that the respondent possesses firearms, ammunition, or firearm parts that could be assembled to make an operable firearm; (2) probable cause exists to believe that the respondent poses a danger of causing personal injury to the petitioner or child by having in the respondent, custody or control, or by purchasing, possessing, or receiving a firearm, ammunition, or firearm parts that could be assembled to make an operable firearm and that the danger is imminent and present; and probable cause exists that firearms, ammunition, or firearm parts that could be assembled to make an operable firearm are located at the residence, vehicle, or other property of the respondent.



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