SPRINGFIELD – It was a year ago that an Illinois State Rifle Association's Victory PAC endorsed governor signed a bill into law making Illinois one of 17 "red flag" states – now a topic of discussion among gun control groups calling for federal legislation.
The measure, HB 2354, was signed into law last July by Governor Bruce Rauner. Also known as the Lethal Violence Order of Protection Act, the law authorizes a court to remove firearms, a FOID card and a CCW license from a person who poses “an immediate and present danger of causing personal injury to himself, herself, or another" by having a gun in his or her possession.
The person who petitions to have the firearms removed can be a law enforcement officer, family member or a dating partner. The gun seizures can be issued by a judge ex parte, meaning without the subject of the order being present.
“Today I signed legislation to keep firearms out of the hands of those who would use them to commit acts of violence against themselves or others, after proof is provided,” Rauner announced on Twitter.
At the same time, Rauner signed SB 3256, which instituted a 72-hour waiting period for firearm purchases. State law had previously required a 72-hour waiting period for handgun sales, but only a 24-hour waiting period for rifles.
The Illinois State Rifle Association initially opposed the new order of protection bill but negotiated limits on the proposal that allowed the group to drop its opposition.
Another gun rights group, Guns Save Life, criticized support for the measure, saying the group "has never supported bills to strip gun owners of their gun rights without due process."
The point Gun Save Life was making about the 'red flag' laws now being promoted at the federal level is that the persons accused of being dangerous will have their constitutional "due process" rights removed – being forced to prove their innocence when the US court system lays proof on the accuser of proving guilt.
Still, Governor Rauner was endorsed by the ISRA in the 2018, aware of how pro-gun control Democrat JB Pritzker would be if he became governor.
“The 2nd Amendment may not be on the front page of every newspaper in this election cycle, but rest assured the 2nd Amendment is front and center in the 2018 Election,” said Richard Pearson, Illinois State Rifle Association Executive Director. “Fortunately, during the last 4 years, honest gun owners have had an ally who has been an effective backstop in Springfield to some of the most outrageous legislative proposals aimed at taking away our 2nd Amendment rights and freedoms. Governor Bruce Rauner is that backstop.”
