(Received: 04/16/2016, Posted: 04/16/2016)
Action Alert - Oppose HB 3160 Lethal Violence Order of Protection Act
Please call your State Representative at both their District and Springfield offices. The House of Representatives will be in their Springfield Offices next week. You can begin contacting their Springfield offices on Monday, April 18, 2016, after 8:30am.
OPPOSE HB 3160 Lethal Violence Order of Protection Act
Illinois State Rifle Association
HB 3160 creates the Lethal Violence Order of Protection Act.HB 3160 would allow an individual's family members or anyone who shares a common dwelling to petition the court for an ex parte restraining order if they consider the individual to be a danger to themselves or others simply because the individual owns, possesses or purchases a firearm. An ex parte order could be issued by a judge based solely on a brief, unsubstantiated affidavit made by a petitioner and absent any input made by the individual on whom the order is targeted. If enacted, this legislation would require the surrender of FOID cards, concealed carry licenses and require the confiscation of all firearms by law enforcement.
HB 3160 defines "family member" as a spouse, parent, child, step-child and any other person related by blood or present marriage or who shares a common dwelling. The potential for angry extended family members taking action against a gun owner is ripe for abuse. Additionally, what is a "common dwelling"? In a 2 flat in Chicago does this allow for the downstairs anti-gun resident to pursue a Lethal Violence Order of Protection against the upstairs gun owner resident? If roommate A has a disagreement with roommate B will this tool be used as some form of retaliation?
The sponsor has suggested that this bill is designed to protect a person from him/herself. This bill is based on the assumption that merely owning firearms makes one a danger to them self or others. If a person truly is a danger to them self or others, removing lawfully owned firearms doesn't remove the danger. If a person's mental state is the problem, then address that problem. Should their car keys be taken from them? Should the household knives be removed?
The sponsor has stated that this bill is not intended to permanently take away a FOID card. Under this legislation it is far easier for law enforcement to revoke a person's FOID card, CCL and firearms than it will be for the respondent to retrieve the FOID card, CCL and firearms. Once the LVOP expires, the respondent must notify State Police to have their FOID card and CCL returned. What evidence will ISP require as proof that the respondent is entitled to have these items returned? What evidence will local law enforcement require for the respondent to retrieve the confiscated firearms once the LVOP is terminated or expired?
This legislation is ripe for abuse by individuals who disagree with the Second Amendment or who have personal grievances against a gun owner. The basis of this bill, that gun ownership makes you a danger to yourself or others is misguided and flies in the face of our Constitution.