firearms prohibitions & foid card revocation as it relates to domestic violence

Firearms Prohibitions& FOID Card Revocation

As It Relates ToDomestic ViolencePages 28-29, 73-74

Firearms and Domestic Violence

More than 50% of all domestic violence homicide victims are killed with firearms

FOID: Convictions

Convicted within past 5 years of crime in which a firearm was used or possessed

Domestic Violence Specific

1. OP Prohibiting Possession of Firearm

2. Domestic Battery Conviction

Illinois Domestic Violence Act (1)

Law Enforcement

Mandated Responsibilities

Prohibition against firearm possession remedy

Illinois Domestic Violence Act (2)

Illinois Domestic Violence Act (3)

Prohibition against firearm possession (14.5) remedy

Illinois Domestic Violence Act (4)

Respondent fails to appear in court

Illinois Domestic Violence Act (5)

Firearms relinquished to

local law enforcement agency

Illinois Domestic Violence Act (6)

Violation of this remedy constitutes violation of Order of Protection

Illinois Domestic Violence Act (7)

Injunctive Relief

Conditions of Bail Bond (1)

If Defendant is arrested for certain offenses,

The Court shall order defendant to: Surrender all firearms Surrender FOID card

725 ILCS 5/110-10

Conditions of Bail Bond (2)

Imposition of Conditions

Conditions of Bail Bond (3)

For all other offenses, court may order defendant to refrain from possessing firearms or other dangerous weapons

725 ILCS 5/110-10 (b) (2)

Conditions of Conditional Discharge or Probation

Refrain from possessing firearms, mandatory provision

Federal Disqualifiers (1)

Indictment/conviction of felony offense

Fugitive

Abuse of controlled substance

Mental defective

Federal Disqualifiers (2)

Order of Protection

Illegal alien

Dishonorable discharge

Subject to Protective Order

Qualifying Order

Opportunity to Participate

Restrains Future Conduct

Credible Threat or Physical Force

Harassment Only

Intimate Partner

No Qualifying Relationship (1)

No Qualifying Relationship (2)

Conviction of Misdemeanor Domestic Violence Offense

Domestic Violence Misdemeanor

Offense has one of these elements:• use or attempted use of physical

force OR• threatened use of a deadly weapon

Qualifying Offenses Under Illinois Law

Battery offenses

Assaults

Aggravated Assaults

Right to Counsel

Right to Jury Trial

Required Relationship

Restoration of Civil Rights

Law Enforcement and Military; Official Use Exemption

(1) Suggested Procedures for Revocation and Notification Process: Remedy 14.5

Once an Order of Protection is granted with Remedy 14.5:

1. Respondent surrenders all firearms to law enforcement

2. Clerk notifies LE that Plenary OP was entered with firearms prohibitions.

3. Law enforcement takes custody of firearms

4. Law enforcement inventories all firearms

(2) Suggested Procedures for Revocation and Notification Process: Remedy 14.5

5. Respondent surrenders FOID card Circuit Clerk

6. Circuit Clerk mails card and a copy of court order to the ISP Firearms Services Bureau

7. Circuit Clerk gives receipt to respondent

8. Upon return, firearm disposition report given to Clerk of the Court

FOID Revocation and Notification Process Under Federal Law

Once an Order of Protection (OP) is granted:1. OP is entered into LEADS system

2. LEADS operator determines if respondent has a valid FOID card. Info forwarded to ISP Firearms Services Bureau

3. Firearm prohibitor related to an OP = FOID card revoked

4. Cardholder notified of invalid card & must mail card to ISP

5. Restrictions remain in effect until OP expires

Revocation & Notification

Format follows LEADS, so you may notice gun remedy listed under 17 instead of 14 – because LEADS lists it there

40

Training Exercise

Handling the Call:

Domestic Violence Vignettes

Stalking Scenario

“Everywhere I Go There He Is –

Am I Losing My Mind?” or

(“I Shot the law and the Law Won”)

“I Shot the Law and the Law Won”Training Discussion

Special Considerations with Firearms

ILCS and IDVA recognize potential for lethality

Outline actions law enforcement, prosecution and

advocates should take.

Questions for victims: cooperative and reluctant

Existing Order of Protection? FOID card?

Potential charges? Who will investigate?

Evidentiary issues?

Direct FOID & Firearms questions to: ISP Master Sergeant Deanna Willner

FOID Enforcement Manager ISP Firearms Services Bureau

Springfield, IL 62703

PH 217-782-3550

FAX 217-782-9139

Deanna.Willner@isp.state.il.us

AcknowledgementsResources provided by:

- Jan Russell, Chicago Police Department – Chicago, Illinois,

Jan.Russell@chicagopolice.org

- ISP Master Sergeant Michael Vorreyer, FOID Enforcement

Manager, ISP Firearms Information & Resource Bureau

- Illinois Family Violence Coordinating Council, Springfield, IL,

www.ifvcc.org

- 4th Judicial Circuit FVCC Law Enforcement Committee

- OVW Rural Grant Committee, 4th Judicial Circuit

This project was supported by Grant #2011-WE-AX-0055, awarded by the Office on Violence Against Women, U.S. Department of Justice, through the Illinois Violence Prevention Authority.

The original project was supported by Grant # 2008-WR-AX-0016, awarded by the Office on Violence Against Women, U.S. Department of Justice, through the Illinois Criminal Justice Information Authority.

Points of view, opinions, findings, conclusions or recommendations contained within this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice, Office on Violence Against Women, Illinois Violence Prevention Authority, or the Illinois Criminal Justice Information Authority.