Recently, the Governor of Illinois, Bruce Rauner, signed into law two new measures, enacting even more gun control. Now, I know what you're probably thinking, Illinois has things like firearm owner ID cards and doesn't allow their citizens to own machine guns or silencers. . . could it get any worse? Yup. First up is House Bill 2354, the Firearms Restraining Order Act. Like we've seen in other states, Illinois has fallen victim to the good old, take guns first, go through due process second mentality.
Once again, we have a statute that allows for a person to petition a court to remove firearms from a person's possession ex parte, meaning without the person who the order is being sought against at the hearing. A hearing must be held within 14 days of the ex parte order being issued. During that hearing, the court must determine whether to issue a 6-month firearm restraining order, which as you likely guessed, would prevent a person from being able to possess firearms or ammunition for a 6 month period or abandon the order altogether. The law requires the Court to consider evidence such as the unlawful and reckless use, display,or brandishing of a firearm, recent threats or acts of violence, or even alcohol abuse.
I wonder if bump firing would fall under reckless use. Well I guess we're gonna find out! And as we saw with other bills passed, the person who the order is issued against has the ability to try to terminate the order only once while it is active. Interestingly, the standard to terminate the order versus the standard to have one issue lower. We're talking a preponderance of the evidence versus a clear and convincing standard, with the former being easier than the latter. Then we have Senate Bill 3256, which expands Illinois 72 hour waiting period to ALL firearms sold within the state. Prior to the law going into effect, handguns required a 72-hour hold and long guns required a 24-hour hold.
While this may not seem like a big deal to some, a right delayed is a right denied. Couple that with denying the ability of citizens to immediate access a defensive tool, the sheer insanity of the measure comes to light. While Illinois isn't exactly a beacon of freedom, particularly when it comes to firearms, the 72-hour hold on all firearms doesn't exactly seem to serve any sort of purpose other than to harass law-abiding gun owners. Since dealers use NICS to perform background checks, the holds are not necessary in order to ensure that the store receives approval to transfer the firearm. So to recap, starting on January 1, 2019, Illinois will require a 72 hour waiting period for all firearms purchased in the state AND they will be able to take a person's guns without due process. The Land of Lincoln has turned into the land of oppression.