The purpose of the Firearms and Domestic Violence Project is to assist the courts and the criminal justice systems by developing an analysis of the current situation, compiling existing material, including Illinois specific resources, and providing the documents needed to clarify and implement state and federal firearm laws.

In discussions at the IFVCC Biennial Meeting in January 2001 and subsequent meetings of the Court Structure Committee, we have learned that the interpretation, and implementation of firearm state and federal laws as they relate to orders of protection vary widely from jurisdiction to jurisdiction in the state of Illinois.

Questions about jurisdictional boundaries involve issues such as, who is responsible for the prosecution of violations of the differing firearm laws. Inquiries surrounding implementation also continue. Examples of issues raised include: When a respondent is ordered to turn over firearms, who is responsible for retrieving those firearms? Who is responsible for storage of the retrieved firearms? What should happen when the respondent claims to not be in possession of the firearms or gives the firearms away before they can be retrieved? Additionally, questions persist regarding the revocation of FOID cards; the granting of firearm related remedies (specifically, 14.5) on Orders of Protection sought in Civil and Criminal Court; and the collateral consequences (such as not being able to own a firearm), of a criminal conviction for a Violation of an Order of Protection, Domestic Battery or other related charges. Inconsistences exist pertaining to the status of firearms when law enforcement officers are subject to an Order of Protection or are found guilty of domestic battery. Generally, there seems to be a lack of understanding surrounding current laws related to domestic violence and firearms.

Project

An ad hoc project of the IFVCC Court Structure Committee has been created. An Advisory Committee will oversee the project with several sub-groups including Judicial, Legal, Law Enforcement/Probation, Prosecution, and Victim Advocacy.

The project will consist of three phases:

1. Research
   The Legal sub-group will compile both the federal and state laws regarding firearms and orders of protection as well as any existing case law.
2. Implementation
   The Legal sub-group's document will be distributed to each of the other sub-groups for their input and feedback. All of the sub-groups will work on the various components related to the work and needs of the court and the criminal justice systems.
3. Training
   The Advisory Committee will develop a suggested plan of training recommendations for Illinois.

Specific projects of the sub-groups may include:

• Federal and State Laws
  • Legal Memo for Judges that includes any existing case law
  • Addendum to the Domestic Violence Benchbook on firearms and orders of protection
  • Creation of a warrant form for Judges in order to secure the firearms of a respondent or defend
  • Guidelines for implementing firearm federal law for distribution to members of the criminal justice system
  • Guidelines regarding possession of firearms by law enforcement officers as Order of Protection respondents and/or convicted of domestic violence related crimes.
• Pocket cards for law enforcement officers with an explanation of procedures and relief available for victims
• Regional Trainings on firearms

Documents created:

• The Illinois State Police Firearms and Information Resources Bureau developed a flow chart for the Order of Protection Process. The flowchart outlines how and when a Firearms Owner Identification (FOID) Card is revoked. It also describes the process for those attempting to purchase firearms and the Firearms Transfer Inquiry Program (FTIP).
• A letter was sent by Larry G. Trent, Director of the Illinois State Police to all Sheriffs asking that when they enter an Order of Protection into LEADS they also check for a valid FOID card and forward all respondents with a valid FOID card to the Firearms Bureau.
• Illinois and Federal Firearm Laws and Issues matrix. The matrix was developed in order to have all of the Illinois and Federal firearm related laws in one document as well as identify the issues raised with each of the laws.
• Supplemental Order on Conditions of Bond: Firearms form. The bond form was created to give a defendant specific information about when and where to turn over firearms as well as provide more tracking of the defendant's compliance with the order. The form has been distributed to the Chief Judges and will be distributed to Chiefs of Police, Sheriffs, and Circuit Clerks.
• Supplemental Order Regarding Firearms form. The order was created to give a respondent specific information about when and where to turn over firearms and create a tracking system for compliance. The form will be distributed to the Chief Judges, Chiefs of Police, Sheriffs, and Circuit Clerks.

• IFVCC held regional meetings in Southern, Central, Northern and Cook County Illinois. The purpose of the regional meetings is to give the participants a detailed description of the entire system (FOID, LEADS, Circuit Clerk, Law Enforcement, etc) relating to firearms related cases.

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