SB1713 Summary

• A State's Attorney or assistant State's Attorney (not just a petitioner) may request an emergency firearms restraining order by filing an affidavit alleging the respondent poses an immediate and present danger by possessing or purchasing a firearm.

• When a court issues an emergency firearms restraining order, it must issue a search warrant upon probable cause to direct law enforcement to seize the respondent's firearms, including searches of the respondent's residence and other likely locations.

• Firearms, Firearm Owner's Identification Cards, and concealed carry licenses must be returned to the respondent if the firearms restraining order is not granted within 7 days, in addition to being returned when the order expires or is terminated.

• Both emergency and 6-month firearms restraining orders require the respondent to refrain from possessing or purchasing firearms and to surrender any Firearm Owner's Identification Card and concealed carry license to local law enforcement, which mails them to the Department of State Police for safekeeping.

• The bill takes effect immediately upon becoming law.