As the Highland Park shooting shows, merely having a red flag law on the books does not guarantee it will be adequately used. Recent Illinois legislation includes money for an awareness program in the state.
that includes the federal National Instant Criminal Background Check System. Those checks occurred between June 2020 and September 2021.
On the form, the petitioner is asked to describe specifics of the person’s guns and their locations, and to notify family members of the petition. It also directs law enforcement to refer the person to counseling resources. It's not unusual for petitioners to leave blanks when they don’t know where the person’s guns are but feel confident that they are threatening.
If a judge agrees that the respondent poses a "significant danger," the judge signs a search warrant to seize all guns, gun parts and ammunition from the person — and to prevent them from owning or buying any for up to six months. At any point during those six months, respondents can submit one request to stop the restraining order if they can prove they present no danger. A petitioner can ask the court to renew an order during the last three months of an order.
"We don't even have enough data really to reach any conclusions about patterns, because there's not enough public information that's been made available about the law yet," said Reid, who practices in DuPage. However, education seems to be key. "I do not think this teaches us anything about the limits of red flag laws other than the fact that people need to know about it and know how to use it," Anderman said. The funding in the recently passed federal law might help with that, she said.
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