Illinois has a "red flag" law formally known as the Firearms Restraining Order (FRO) Act, enacted in 2019 under Public Act 100-0607. The law allows for...
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Illinois has a "red flag" law formally known as the Firearms Restraining Order (FRO) Act, enacted in 2019 under Public Act 100-0607. The law allows for civil court-ordered temporary firearm removal from individuals judged to pose a danger to themselves or others.
A Firearms Restraining Order (FRO) is a civil court order that temporarily prohibits a person from:
The order also requires the respondent to surrender all firearms, ammunition, and firearm parts to local law enforcement for the duration of the order.
If the court finds probable cause that the respondent possesses firearms when granting an FRO, the judge shall also issue a search warrant.
| Order Type | Duration | Process |
|---|---|---|
| Emergency FRO | Up to 14 days | Granted upon finding of immediate and present danger |
| Plenary (Full) FRO | Up to 1 year | Issued following a court hearing on the petition |
| Extension | Additional period | Filed via standardized extension petition form |
Two categories of petitioners may seek an FRO:
Family or Household Members:
Law Enforcement Officers:
Petitions must be filed in:
The Illinois Supreme Court, through the Conference of Chief Circuit Judges, provides standardized forms (updated September 2022 and May-June 2024):
Forms are available at illinoiscourts.gov. The circuit clerk's office is required to provide clerical assistance to persons not represented by counsel. The State's Attorney may also provide assistance.
An active FRO results in revocation of both the FOID Card and Concealed Carry License (CCL). Upon revocation notification, the respondent must within 48 hours:
FOID Card (430 ILCS 65/9.5):
CCL (430 ILCS 66/70(g)):
Failure to comply constitutes a Class A misdemeanor.
If the revoked person is the sponsor of a minor FOID cardholder, the minor's card is also revoked and must be surrendered.
Separate from the FRO petition process, Illinois law (430 ILCS 65/1.1) mandates that certain professionals report individuals who pose a clear and present danger:
Mandatory Reporters:
Qualified Examiners Include:
A Clear and Present Danger determination can independently result in FOID denial or revocation under 430 ILCS 65/8(f).
Karina's Law (Public Act 103-1065, House Bill 4144) took effect May 11, 2025. It is separate from the Firearms Restraining Order process described above and applies to Orders of Protection under the Illinois Domestic Violence Act. The law is named for Karina Gonzalez, who was killed along with her 15-year-old daughter in July 2023 by a person whose FOID Card had been revoked after an Order of Protection but whose firearms were never actually removed. Karina's Law closes that gap by naming law enforcement as the party responsible for removal and by setting firm deadlines.
Surrender to law enforcement. When a respondent is served with an emergency, interim, or plenary Order of Protection, any firearms, firearm parts, FOID Card, and Concealed Carry License on the respondent at the time of service must be surrendered immediately to law enforcement. Anything not on the respondent at service must be surrendered to law enforcement within 24 hours. Firearms must go to law enforcement rather than to a private FOID Card holder as the prior law allowed, and the respondent may not transfer firearms or firearm parts to another person to avoid surrender.
Search warrant at issuance. The court shall issue a search warrant when it enters the Order of Protection if it finds probable cause that the respondent poses an immediate and present threat to the physical safety of the petitioner, possesses firearms or firearm parts that could be assembled into an operable firearm, and keeps them at the respondent's residence, vehicle, or other property. The petitioner or the State's Attorney may rely on the allegations in the Order of Protection petition to request the warrant.
96-hour execution deadline. Law enforcement must execute the warrant within 96 hours. If the court finds that a credible domestic violence report was made in the previous 90 days, the 96 hours run from the agency's receipt of the warrant. If there was no credible report in the previous 90 days, law enforcement has 48 hours to evaluate the warrant and seek corrections, then 96 hours from any correction to execute. A return of the warrant listing what was seized must be filed within 24 hours of execution.
FOID handling, storage, and return. Law enforcement that takes a FOID Card must mail it to the Illinois State Police FOID Card Office for safekeeping. Seized or surrendered firearms remain with the agency for the length of the Order of Protection. The respondent is responsible for requesting the return of firearms and of any FOID Card or Concealed Carry License, and firearms must be returned within 14 days of the request if the respondent is lawfully eligible to possess them. If an order expires and the firearms cannot be returned because the respondent does not request them, cannot be located, or is not lawfully eligible, the agency may petition the court to destroy the firearms or put them to another lawful law enforcement use.
FROs are distinct from Orders of Protection (OPs). While both can restrict firearm access, FROs are specifically designed for situations involving firearm danger. Petitions for FROs can be filed by both family or household members and law enforcement officers. The FRO petition process does not affect law enforcement's ability to remove or seize firearms under any other law. As of May 11, 2025, Karina's Law (Public Act 103-1065) strengthened the firearm-removal mechanics for Orders of Protection, as described above.
| Metric | 2019 | 2020 | Total |
|---|---|---|---|
| Total FROs filed | 34 | 19 | 53 |
| Counties with at least one FRO | 19 | 7 | - |
| Filed by family/household members | 5 | 4 | 9 |
| Filed by law enforcement | 25 | 13 | 38 |
| Firearms seized per FRO (2020) | - | 1-156 (avg. 16.5, median 6) | - |
DuPage County accounted for the majority of filings (12 in both 2019 and 2020). FRO record sealing practices vary by county.
The "Pause to Heal" campaign is a partnership between the Illinois Department of Public Health, Brady: United Against Gun Violence, and the Ad Council. It is designed to raise awareness about FROs as a tool to pause potentially deadly situations involving a person in crisis who has access to firearms.
The 2021 expansion of Illinois' FRO law requires the Illinois State Police to provide an annual report to the General Assembly or publish statistics on FRO petition filings.
FRO laws have been challenged in courts in Connecticut, Indiana, and Florida - all of which upheld the constitutionality of such laws. In Illinois, 64 counties have passed "sanctuary county" resolutions signaling reluctance to enforce certain gun laws, though data indicates FROs have still been carried out in some of those counties.
This information is compiled from official Illinois government sources including the Illinois State Police, Illinois Department of Public Health, Illinois Courts, and the Illinois Criminal Justice Information Authority. It is intended for general reference only and does not constitute legal advice. Consult a licensed Illinois attorney for guidance on specific situations.
<!-- federal-context-block:added-2026-05-20 -->United States v. Rahimi (2024). In United States v. Rahimi, 602 U.S. ___ (2024), the U.S. Supreme Court upheld the federal firearm prohibition at 18 U.S.C. § 922(g)(8) for persons subject to a qualifying domestic-violence restraining order, holding the federal disability survives the historical-tradition test of N.Y. State Rifle & Pistol Ass'n v. Bruen, 597 U.S. 1 (2022). Rahimi is the controlling SCOTUS authority on the constitutionality of federal firearm disabilities tied to domestic-violence findings; it bears on any state-level red-flag / ERPO analysis to the extent those frameworks borrow federal § 922(g)(8) prohibitor mechanics.
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