This week for Closer Looks we’ll be examining IL HB2354, or the Lethal Violence Order of Protection Act. Governor Bruce Rauner signed the new gun safety law on July 16 in Chicago.
When we look into gun violence and deaths related to firearms, suicide is a big part of the conversation. Gun suicides claim far more lives than any of the other type of gun violence (police killings, mass shootings, domestic violence, or street violence). According to the Brady Center to Prevent Gun Violence, suicides from guns make up nearly two-thirds of all gun deaths in the United States (overwhelmingly affecting white men). Their study further states that suicide is the 10th leading cause of death in the United States and second among adolescents and young adults aged 10 to 24 years. Each year, more than 40,000 people die by suicide in the United States, half (51 percent) by using a firearm.
This act aims to keep firearms out of the hands of people who may harm themselves or someone else. It states that a petitioner may request an “emergency lethal violence order of protection” by filing an affidavit alleging that the person poses an immediate and present danger of causing personal injury to himself, herself or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm.
This bill states that the petition must also describe the type and location of any firearm or firearms believed to be possessed or controlled by the person to qualify as an ex parte order. Petitioners may either be a family member of the respondent or a law enforcement officer. The bill also establishes factors that the court must consider before issuing a lethal violence order of protection. If the order is filled, the respondent must:
- Refrain from having in his or her custody or control, owning, purchasing, possessing, or receiving additional firearms for the duration of the order
- Turn over to the local law enforcement agency any firearm, Firearm Owner’s Identification Card, or concealed carry license in his or her possession.
Finally, the bill establishes factors for renewing and terminating lethal violence orders of protection.
Illinois Senator, Chris Nybo, the co-sponsor of the bill, said
“In some cases of these tragic shootings we’ve seen, family members and people who knew the shooter noticed signs of unstable or reckless behavior. The Lethal Violence Order of Protection Act creates an official process and outlet for anyone to speak up, identify and prevent a troubled individual from hurting themselves or committing a horrifying act. It’s my hope we can begin to stop future tragedies before they start.”
Oregon passed a similar bill in 2017. Their bill created a process for obtaining extreme risk protection order prohibiting a person from possessing a deadly weapon when a court finds that person presents a risk in near future, including imminent risk, of suicide or causing injury to another person.
After the Marjory Stoneman Douglas High School shooting, Florida passed a bill that amongst other things prohibits a person who has been adjudicated mentally defective or been committed to a mental institution from owning or possessing a firearm until “certain relief is obtained”.
California passed a bill in 2014 that allows an immediate family member or a law enforcement officer to file a petition requesting that the court issue an ex parte gun violence restraining order to prohibit the subject of the petition from having in their custody or control, owning, purchasing, possessing or receiving a firearm or ammunition. Vermont passed a bill in 2015 that prohibits people from possessing firearms if they have been convicted of a violent crime.
Here are all of the current bills having to do with firearms and dangerous or erratic behavior, lethal violence or personal injury.
And here is a list of all the legislation having to do with “petitions for order” of firearms since 2011 from around the country.
Does this type of gun control policy seem like common sense? If we should we limit access to people who may hurt themselves or someone else, are these approaches reasonable?
About BillTrack50 – BillTrack50 offers free tools for citizens to easily research legislators and bills across all 50 states and Congress. BillTrack50 also offers professional tools to help organizations with ongoing legislative and regulatory tracking, as well as easy ways to share information both internally and with the public.