Firearms Prohibitions & FOID Card Revocation As It Relates To Domestic Violence

1. Firearms Prohibitions& FOID Card RevocationAs It Relates ToDomestic Violence Pages 28-29, 73-74

2. Firearms and Domestic Violence More than 50% of all domestic violence homicide victims are killed with firearms

3. FOID: Convictions Convicted within past 5 years of crime in which a firearm was used or possessed

4. Domestic Violence Specific • OP Prohibiting Possession of Firearm • Domestic Battery Conviction

5. Illinois Domestic Violence Act (1) Law Enforcement Mandated Responsibilities

6. Prohibition against firearm possession remedy Illinois Domestic Violence Act (2)

7. Illinois Domestic Violence Act (3) Prohibition against firearm possession (14.5) remedy

8. Illinois Domestic Violence Act (4) Respondent fails to appear in court

9. Illinois Domestic Violence Act (5) Firearms relinquished to local law enforcement agency

10. Illinois Domestic Violence Act (6) Violation of this remedy constitutes violation of Order of Protection

11. Illinois Domestic Violence Act (7) Injunctive Relief

12. Conditions of Bail Bond (1) If Defendant is arrested for certain offenses, The Court shall order defendant to: • Surrender all firearms • Surrender FOID card 725 ILCS 5/110-10

13. Conditions of Bail Bond (2) Imposition of Conditions

14. Conditions of Bail Bond (3) • For all other offenses, court may order defendant to refrain from possessing firearms or other dangerous weapons 725 ILCS 5/110-10 (b) (2)

15. Conditions of Conditional Discharge or Probation Refrain from possessing firearms, mandatory provision

16. Federal Disqualifiers (1) • Indictment/conviction of felony offense • Fugitive • Abuse of controlled substance • Mental defective

17. Federal Disqualifiers (2) • Order of Protection • Illegal alien • Dishonorable discharge

18. Subject to Protective Order Qualifying Order

19. Opportunity to Participate

20. Restrains Future Conduct

21. Credible Threat or Physical Force

22. Harassment Only

23. Intimate Partner

24. No Qualifying Relationship (1)

25. No Qualifying Relationship (2)

26. Conviction of Misdemeanor Domestic Violence Offense

27. Domestic Violence Misdemeanor • Offense has one of these elements: • use or attempted use of physical force OR • threatened use of a deadly weapon

28. Qualifying Offenses Under Illinois Law • Battery offenses • Assaults • Aggravated Assaults

29. Right to Counsel

30. Right to Jury Trial

31. Required Relationship

32. Restoration of Civil Rights

33. Law Enforcement and Military; Official Use Exemption

34. (1) Suggested Procedures for Revocation and Notification Process: Remedy 14.5 Once an Order of Protection is granted with Remedy 14.5: 1. Respondent surrenders all firearms to law enforcement 2. Clerk notifies LE that Plenary OP was entered with firearms prohibitions. 3. Law enforcement takes custody of firearms 4. Law enforcement inventories all firearms

35. (2) Suggested Procedures for Revocation and Notification Process: Remedy 14.5 5. Respondent surrenders FOID card Circuit Clerk 6. Circuit Clerk mails card and a copy of court order to the ISP Firearms Services Bureau 7. Circuit Clerk gives receipt to respondent 8. Upon return, firearm disposition report given to Clerk of the Court

36. FOID Revocation and Notification Process Under Federal Law Once an Order of Protection (OP) is granted: 1. OP is entered into LEADS system 2. LEADS operator determines if respondent has a valid FOID card. Info forwarded to ISP Firearms Services Bureau 3. Firearm prohibitor related to an OP = FOID card revoked 4. Cardholder notified of invalid card & must mail card to ISP 5. Restrictions remain in effect until OP expires

39. Revocation & Notification

40. Format follows LEADS, so you may notice gun remedy listed under 17 instead of 14 – because LEADS lists it there

41. Training Exercise Handling the Call: Domestic Violence Vignettes Stalking Scenario “Everywhere I Go There He Is – Am I Losing My Mind?” or (“I Shot the law and the Law Won”)

42. “I Shot the Law and the Law Won”Training DiscussionSpecial Considerations with Firearms • ILCS and IDVA recognize potential for lethality • Outline actions law enforcement, prosecution and advocates should take. • Questions for victims: cooperative and reluctant • Existing Order of Protection? FOID card? • Potential charges? Who will investigate? • Evidentiary issues?

43. Direct FOID & Firearms questions to: ISP Master Sergeant Deanna Willner FOID Enforcement Manager ISP Firearms Services Bureau Springfield, IL 62703 PH 217-782-3550 FAX 217-782-9139 Deanna.Willner@isp.state.il.us

44. Acknowledgements Resources provided by: - Jan Russell, Chicago Police Department – Chicago, Illinois, Jan.Russell@chicagopolice.org - ISP Master Sergeant Michael Vorreyer, FOID Enforcement Manager, ISP Firearms Information & Resource Bureau - Illinois Family Violence Coordinating Council, Springfield, IL, www.ifvcc.org - 4th Judicial Circuit FVCC Law Enforcement Committee - OVW Rural Grant Committee, 4th Judicial Circuit

45. This project was supported by Grant #2011-WE-AX-0055, awarded by the Office on Violence Against Women, U.S. Department of Justice, through the Illinois Violence Prevention Authority. The original project was supported by Grant # 2008-WR-AX-0016, awarded by the Office on Violence Against Women, U.S. Department of Justice, through the Illinois Criminal Justice Information Authority. Points of view, opinions, findings, conclusions or recommendations contained within this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice, Office on Violence Against Women, Illinois Violence Prevention Authority, or the Illinois Criminal Justice Information Authority.