* From the Illinois State Rifle Association…
HB 3160 would allow an individual’s family members, law enforcement or roommates to petition the court for an ex parte restraining order if they consider the individual to be a danger to themselves or others simply because the individual owns, possesses or purchases a firearm. According to the summary of the bill, an ex parte order would be issued by a judge based solely on a brief, unsubstantiated affidavit made by a petitioner and absent any input made by the individual on which the order is targeted. If enacted, this legislation would require the surrender of FOID cards, concealed carry licenses as well as the seizure of all firearms by law enforcement. This legislation is ripe for abuse by individuals that disagree with the Second Amendment, and the mere insinuation that gun ownership makes you a danger to yourself or others is offensive and insulting.
* Oh, c’mon.
This isn’t about targeting people “simply because the individual owns, possesses or purchases a firearm.” This bill appears to about troubled, even bad people who happen to own guns. It’s mainly aimed at domestic violence perpetrators, but could also give the cops a way to stop somebody from committing a mass shooting if family members have cause and, more importantly, evidence…
At the hearing, the petitioner shall have the burden of proving, by preponderance of the evidence, that the respondent poses a significant danger of personal injury to himself, herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm.
* And this is what they have to demonstrate…
In determining whether to issue a lethal violence order of protection under this Section, the court shall consider evidence of:
(1) A recent threat of violence or act of violence by the respondent directed toward himself, herself, or another.
(2) A violation of an emergency order of protection issued under Section 217 of the Illinois Domestic Violence Act of 1986 or Section 112A-17 of the Code of Criminal Procedure of 1963 or of an order of protection issued under Section 214 of the Illinois Domestic Violence Act of 1986 or Section 112A-14 of the Code of Criminal Procedure of 1963.
(3) A pattern of violent acts or violent threats, including, but not limited to, threats of violence or acts of violence by the respondent directed toward himself, herself, or another.
* Also, if somebody does try to “abuse” this law (if it becomes law), there’d be a steep price to pay…
Every person who files a petition for an emergency lethal violence order, knowing the information provided to the court at any hearing or in the affidavit or verified pleading to be false, is guilty of perjury under Section 32-2 of the Criminal Code of 2012.
Perjury is a Class 3 felony. That’s a prison sentence of 2-5 years.
* Look, I don’t know if this bill is exactly the right way to go. Maybe it could be narrowed here or there. But ridiculing a bill designed to take guns from people who violate orders of protection sure ain’t helping matters.