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Why the Firearms Restraining Order Act is so important

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Illinois

* HB2354 had bipartisan sponsorship and passed the House with 80 votes, then passed the Senate with 43 votes. It was signed into law in July. Partial synopsis…

Creates the Firearms Restraining Order Act. Provides that a petitioner may request an emergency firearms restraining order by filing an affidavit or verified pleading alleging that the respondent poses an immediate and present danger of causing personal injury to himself, herself, or another by having in his or her custody or control, purchasing, possessing, or receiving a firearm. Provides that the petition shall also describe the type and location of any firearms presently believed by the petitioner to be possessed or controlled by the respondent. Provides that the petitioner may be a family member of the respondent or a law enforcement officer, who files a petition alleging that the respondent poses a danger of causing personal injury to himself, herself, or another by having in his or her custody or control, purchasing, possessing, or receiving a firearm.

* Why do I bring this up now? Here’s WGN TV…

Juan Lopez had threatened women before Monday’s shooting at Mercy Hospital but he never faced criminal charges, according to a review of court records by WGN Investigates.

Lopez’ ex-wife citied “constant infidelity and abuse” when she sought a dissolution of marriage roughly four years ago. “I fear that my safety is in jeopardy” the ex-wife said in a hand-written request for an emergency order of protection. […]

Court records reveal Lopez’ ex-wife was fearful as their marriage ended. “In the last month [Lopez] has slept with pistol under his pillow,” she wrote. She said she was fearful their young child would get his hands on the gun. She also described Lopez pulling a gun on a realtor. In December 2014, she wrote: “He began sending threats via text message to come to my job and cause a scene.” Their marriage ended in 2015.

Nearly five years ago, colleagues said Lopez threatened to shoot-up the Chicago Fire Department training academy after he was fired for “improper conduct,” according to the Chicago Tribune. “He was accused of aggressive and improper conduct toward females at the academy,” Chicago Fire Department spokesman Larry Langford told the Tribune. “He was disciplined and terminated.”

Lopez reportedly held a valid firearm owner’s identification card and concealed carry license. He legally purchased at least four guns in the last five years, according to the Tribune.

Lopez could very well have been a candidate for an emergency firearms restraining order back then.

posted by Rich Miller
Tuesday, Nov 20, 18 @ 12:53 pm

Comments

Yes. and these situations are so difficult. if he had been charged before, he would not have been able to get a concealed carry permit. wondering what the Fire academy should have done.

“….aggressive and improper conduct toward females……” total red flag.

Comment by Amalia Tuesday, Nov 20, 18 @ 1:01 pm
Very important law, and authorities will need to enforce it.

Comment by wordslinger Tuesday, Nov 20, 18 @ 1:12 pm
The fire academy could’ve filed a report on his reported threat years ago, which would’ve created a flag that could’ve been a reason for an objection to his concealed carry. They apparently didn’t. Laws can’t do anything to stop bad people if those on the front lines with this people ignore the signs of bad things they could do.

Comment by Anonymous Tuesday, Nov 20, 18 @ 1:13 pm
Wouldn’t want to be the first LEO trying to enforce one of these orders. I’m sure that this is going to trigger a whole slew of lawsuits and perhaps even fatal shootings (https://www.cbsnews.com/news/maryland-officers-serving-red-flag-gun-removal-order-fatally-shoot-armed-man/) until a proper procedure can be developed. My money is on having SWAT serve these things.

Comment by JustAnotherCommenter Tuesday, Nov 20, 18 @ 1:23 pm
Funny how those that cling to a belief that the 2nd amendment is somehow so sacred that there can be no limits placed upon firearms never read the actual constitution.

They never seem to remember the very first words in the preamble that establish the purpose and goals-

‘We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.’

We are failing at domestic tranquility, general welfare, and securing the Blessings of liberty.

Comment by JS Mill Tuesday, Nov 20, 18 @ 1:55 pm
This law could have more impact than the ridiculous FOID card.

Comment by Blue Dog Dem Tuesday, Nov 20, 18 @ 1:56 pm
Possible pro gun response:
Guns don’t kill people. Mentally unstable people with a predisposition to threats and violence who sleep with a gun and have pulled said gone on a realtor, kill people.

Comment by don the legend Tuesday, Nov 20, 18 @ 2:28 pm
^^^ Gun, not gone. Sorry. ^^^

Comment by don the legend Tuesday, Nov 20, 18 @ 2:30 pm
Other states have this already and no one enforced it. This will be no different

Comment by Highspeed Tuesday, Nov 20, 18 @ 3:23 pm
===and no one enforced it==

Wrong. Florida.

Comment by Rich Miller Tuesday, Nov 20, 18 @ 3:25 pm
Just saying. If you came to my house looking for guns. You would find some. Some.

Comment by Blue Dog Dem Tuesday, Nov 20, 18 @ 3:46 pm