Advocates urge IL lawmakers to close loophole allowing domestic abusers access to guns

SPRINGFIELD, Ill. (WAND) — The Network: Advocating Against Domestic Violence is renewing calls for Illinois lawmakers to pass a plan for police to take guns away from domestic abusers. This comes after the U.S. Supreme Court upheld a federal law banning people facing orders of protection from owning guns.

Survivors of domestic violence can currently ask for 18 different remedies when they seek an order of protection. One of the options requires the abuser's gun to be confiscated and automatically suspends their FOID card.

However, the guns are too often transferred to someone else with a FOID card in the home. Lawmakers and advocates believe it is time to end that loophole.

"We felt really confident after hearing the oral arguments late last year of the way the Supreme Court was going to come down," said Maralea Negron, police director for The Network. "I think it wasn't a huge sticking point. But for those that did have concerns, the decision is very straight forward. It comes down on the side of survivors. We're really hopeful that the General Assembly will do what we've been asking, what is pass Karina's Bill in veto session."

Under this plan, police would be responsible for removing guns within 48 hours after an order of protection is granted. Yet, law enforcement groups are concerned about storage for the guns and potentially sending officers into dangerous situations.

The Illinois House passed a similar gun control omnibus bill in May 2023, but the legislation stalled in the Senate. Weeks later, Chicagoan Karina Gonzalez and her 15-year-old daughter Daniela were shot and killed by her husband shortly after she filed an order of protection against him. Their son Manny was also injured in the shooting.

"It's enraging and utterly devastating to think that if an adequate policy would've been in place, Karina and Daniela could possibly still be here today," Karina's cousin Monica Alvarez said in January. "How many more years must pass before lawmakers see time is of the essence?"

Illinois Domestic Violence — The risk of intimate partner homicides increase 500% when abusers have access to a gun, according to The Network Advocating Against Domestic Violence.

Advocates told reporters Monday that they are optimistic lawmakers will have enough support to get the proposal across the finish line during veto session in November.

"While this ruling is a great relief for survivors of gender-based violence, the federal protections affirmed today merely preserve the status quo - and for tens of thousands of women and families, it is clear that this is not enough," said Rep. Maura Hirschauer (D-Batavia). "We now know without question that we can do more, and we must. Here in Illinois, we should move forward by enacting Karina's Bill, which will provide clear guidance for getting guns out of the hands of abusers, and ensure those weapons are removed sooner - all within a framework that justices have now overwhelmingly endorsed."

Lawmakers could discuss the plan when they return to Springfield on November 12.