Ilinois
430 Ill. Comp. Stat. Ann. 67/1 - 140 
(Nb: Provisions effective 6/1/22)

Who May Petition

Spouse, former spouse, person with whom the respondent has a minor child in common, parent, child, or step-child of the respondent, any other person related by blood or present marriage to the respondent, or a person who shares a common dwelling with the respondent; LEO

Burden of proof for Emergency Order or Ex Parte Order

Probable cause to believe that the respondent poses an immediate and present danger of causing personal injury to himself, herself, or another by having in his or her custody or control, purchasing, possessing, or receiving a firearm, or firearm parts that could be assembled to make an operable firearm.

Notice and Opportunity

14 days from issuance of ex parte order

Service

 By sheriff, LEO, or other person permitted by Code of Criminal Procedure

What is Prohibited?

Custody or control, purchasing, possessing, or receiving additional firearms, ammunition, and firearm parts that could be assembled to make an operable firearm.

Relinquish Firearms

Turn over to LEA firearms, ammunition, and firearms parts, Firearm Owner's Identification Card and concealed carry license.

Seizure by LEA

Court shall order LEA to seize respondents firearms. Court may direct a search of residence or other place where firearms are located

Burden of Proof at Hearing

Clear and convincing evidence, that the respondent poses a significant danger of personal injury to himself, herself, or another by having in his or her custody or control, purchasing, possessing, or receiving a firearm, ammunition, and firearm parts that could be assembled to make an operable firearm.

Authority to Order Mental Health/Substance Abuse Evaluation

Not specified

Entry into NICS

Order entered in the state Law Enforcemnt Agencies Data System

Duration of Order after Hearing

6 months

Warrantless Arrest Permitted in Statute

Not specified in statute

Criminal Penalty

Class A misdemeanor

Contempt Penalty

 

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