Can I Own A Gun If I Have a Protective Order Against Me?

Author: Joe Pioletti Posted on: . Filed in: Family Law.

The Illinois Domestic Violence Act of 1986 establishes severe penalties for anyone convicted of domestic violence. According to domestic violence law, abuse includes both physical and emotional abuse. It is also considered abuse to harass, threaten, or force someone to do something against his or her will. The law is designed to be broad so that it encompasses a wide range of actions. It also protects a wide range of victims. “Family or Household Member” includes spouses, ex-spouses, children, parents, stepchildren, people who live or lived in your home, people you date, dated, or were engaged to, and people who share a child.

If you have been arrested for domestic violence in Illinois, you have been served with a Protective Order, or you suspect that someone has filed a domestic violence complaint against you, you need to contact our office immediately. If the other party obtains a Protective Order against you, you lose your right to own a firearm in Illinois.

Illinois Protective Orders and Firearms

According to the 1968 Gun Control Act, it is a federal crime for anyone “subject to a domestic violence protective order” to possess a firearm. Congress also passed a bill that extended the firearms ban to apply to individuals who are convicted of a misdemeanor domestic violence charge. Illinois gun laws are similar with regard to Protective Orders.

Before you can purchase a gun in Illinois, you must apply for a Firearm Owner Identification Card (FOID). A conviction for domestic violence prevents you from qualifying for a FOID; therefore, a domestic violence conviction on your record prevents you from owning or possessing a firearm in Illinois.

If own a gun, you must surrender your gun when you are served with a Protective Order. Your FOID will be revoked and the State Police will take any firearms in your possession. You may not own or possess any firearms as long as the Protective Order is in place. If you are convicted of domestic violence, the firearm ban will be permanent. The only way to reverse the firearm ban is to have your domestic violence conviction set aside.

This ban does not only apply to domestic violence convictions and Protective Orders in Illinois. If you are an Illinois resident and you were ever convicted of domestic violence in another state or you violated a Protective Order from another state within the past five years, your FOID card will be revoked and you will lose the right to own or possess firearms in Illinois. Because your freedom to own a gun could be denied simply for a misunderstanding that turned into a domestic violence charge, you need a qualified Illinois criminal defense attorney to represent you against these charges.

Contact Our Office for a Consultation with an Experienced

Illinois Criminal Defense Attorney

The domestic abuse defense attorneys of Pioletti & Pioletti represent individuals who need help fighting domestic abuse charges. We assist clients throughout McLean, Woodford, Tazewell, and Peoria counties by providing compassionate, competent legal services. Contact our office at 309-467-3213 to schedule your free consultation.

 

Joe Pioletti

Joe Pioletti

Attorney Joe C. Pioletti was born and raised in Eureka, IL.Joe received his Bachelor of Arts Degree in Business Management from Eureka College where he also minored in Spanish.Joe then received his Juris Doctor from Southern Illinois University School of Law.While in law school Joe worked in the Domestic Violence Advocacy Clinic and was a three-time recipient of the Charter Class Campaign for Academic Excellence Scholarship.
Joe Pioletti