HELP FAMILIES DEAL WITH RISK OF GUN VIOLENCE
Relatives are generally the first people to notice when someone can’t be trusted with firearms. But under Illinois law, they can’t do a darn thing about it. Let’s change that.
Last month, California became the first state to allow family members to petition a judge to take guns from a close relative who has become a serious risk for gun violence.
The law went on the books after a 22- year- old Santa Barbara man with no criminal background went on a shooting and stabbing spree last May that killed six people. His family had warned authorities he was becoming violent, but neither the family nor police had any right to confiscate the man’s weapons.
The new law allows a judge to order guns removed for at least 21 days, and the order can be extended for up to a year. Like restraining orders for domestic violence, the law builds in legal protections. Cops can’t just grab the guns; they must go before a judge with evidence supporting their request. Gun owners would have a chance to show a judge they are not a risk. And if someone files a false claim
California became the first to allow family members to petition to take guns from a close relative.
to get a gun confiscated, he or she faces a misdemeanor charge.
Such a law in Illinois wouldn’t do a thing to keep guns out of the hands of gang members and common criminals. But it could prevent some suicides and mass shootings.
Currently, if people are admitted to mental health facilities or convicted of felonies, their Firearm Owners Identification Card can be revoked. But that is of no help for family members who see a relative drinking more, using drugs more, saying scary stuff and acting suicidal— and who has guns.
The National Rifle Association opposed the California law, but sheriffs, emergency room doctors and mental health workers supported it. Similar groups in Illinois have started to discuss legislation here. They should push it through.