Firearms Prohibitions & FOID Card Revocation As It Relates To Domestic Violence Pages 28-29, 73-74

Firearms and Domestic Violence More than 50% of all domestic violence homicide victims are killed with firearms More than 50% of all domestic violence homicide victims are killed with firearms In 38% of domestic violence homicides, the abuser kills more than one victim Children Interveners and/or Bystanders

FOID: Convictions Convicted within past 5 years of crime in which a firearm was used or possessed Convicted within past 5 years of: battery assault aggravated assault violation of order of protection in which a firearm was used or possessed Includes substantially similar offenses in another jurisdiction

Domestic Violence Specific OP Prohibiting Possession of Firearm Domestic Battery Conviction Subject to an existing order of protection prohibiting possession of a firearm Convicted of domestic battery (or substantially similar offense in another jurisdiction) committed after January 1, 1998

Illinois Domestic Violence Act (1) Law Enforcement Mandated Responsibilities Law enforcement mandated responsibilities: If there is probable cause to believe that particular weapons were used to commit an incident of abuse, subject to constitutional limitations, seizing and taking inventory of weapons

Illinois Domestic Violence Act (2) Prohibition against firearm possession remedy Prohibition against firearm possession remedy must be ordered if: The petitioner has alleged in the petition that the respondent has threatened or is likely to use firearms illegally against the petitioner AND The court finds that there is any danger of illegal use of firearms

Illinois Domestic Violence Act (3) Prohibition against firearm possession (14.5) remedy Prohibition against firearm possession (14.5) remedy cannot be granted unless the respondent has appeared in court or failed to appear after receiving actual notice

Illinois Domestic Violence Act (4) Respondent fails to appear in court Respondent fails to appear: Court shall issue a warrant for seizure of any firearm in the possession of the respondent

Illinois Domestic Violence Act (5) Firearms relinquished to local law enforcement agency Orders that the respondent turn over any firearms in his or her possession to the respondent’s local law enforcement agency Period of time up to two years If respondent is a peace officer, firearms turned over to employer Firearms are released: At time specified in order When order of protection expires

Illinois Domestic Violence Act (6) Violation of this remedy constitutes violation of Order of Protection Violation of this remedy constitutes violation of Order of Protection

Illinois Domestic Violence Act (7) Injunctive Relief Box 17: Injunctive relief Order to surrender weapons on emergency order

Conditions of Bail Bond (1) If Defendant is arrested for certain offenses, The Court shall order defendant to: Surrender all firearms Surrender FOID card 725 ILCS 5/110-10 Defendant arrested for: Forcible felony Stalking or aggravated stalking Domestic battery Armed violence or Certain drug offenses Court shall order defendant to: Surrender all firearms in his possession to law enforcement agency at designated date and time Surrender FOID card to Clerk 725 ILCS 5/110-10

Conditions of Bail Bond (2) Imposition of Conditions Court may forgo imposition of conditions if: Circumstances of the case clearly do not warrant it Imposition would be impractical

Conditions of Bail Bond (3) For all other offenses, court may order defendant to refrain from possessing firearms or other dangerous weapons 725 ILCS 5/110-10 (b) (2) For all other offenses, court may order defendant to refrain from possessing firearms or other dangerous weapons 725 ILCS 5/110-10 (b) (2)

Conditions of Conditional Discharge or Probation Refrain from possessing firearms, mandatory provision Defendant shall refrain from possessing firearms, mandatory provision Optional for defendant on supervision

Federal Disqualifiers (1) Indictment/conviction of felony offense Fugitive Abuse of controlled substance Mental defective Under indictment for or conviction for felony offense Fugitive from justice Unlawful user of or addicted to any controlled substance Adjudicated as a mental defective or been committed to any mental institution Must be formal involuntary commitment, including involuntary commitment for drug or alcohol treatment

Federal Disqualifiers (2) Order of Protection Illegal alien Dishonorable discharge Qualifying Order of Protection Is an alien: Illegally or unlawfully in the United States or Has been admitted under a non-immigrant visa Has renounced US citizenship Discharged from the Armed Forces under dishonorable conditions Requires court-martial

Subject to Protective Order Qualifying Order Qualifying order: Notice and opportunity to participate Restrains future conduct Credible threat or physical force Relationship of the parties

Opportunity to Participate Issued after a hearing of which the person received actual notice, and at which such person had an opportunity to participate Issue: Notice and opportunity to participate

Restrains Future Conduct Restrains the person from: Harassing Stalking Threatening an intimate partner or such person or child, or Engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury

Credible Threat or Physical Force Includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child OR By its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury

Harassment Only Prohibition against harassment not enough UNLESS order includes a finding that the respondent poses a credible threat to the safety of the petitioner

Intimate Partner Petitioner: Is the spouse or former spouse of the respondent Has a child in common with the respondent Cohabitates or has cohabited with the respondent (in an intimate relationship)

No Qualifying Relationship (1) Dating relationships where the parties have not lived together and don’t have a child in common All blood relationships other than parent-child All in-law relationships

No Qualifying Relationship (2) Non-intimate roommates Most caregiver situations State judge decisions or orders cannot preclude federal prosecution

Conviction of Misdemeanor Domestic Violence Offense Qualifying conviction: Certain element of the offense Right to counsel satisfied Right to jury satisfied Certain relationship between defendant and victim

Domestic Violence Misdemeanor Offense has one of these elements: use or attempted use of physical force OR threatened use of a deadly weapon Offense has one of these elements: the use or attempted use of physical force OR the threatened use of a deadly weapon Relationship doesn’t have to be an element of the offense What is a conviction under Illinois law?

Qualifying Offenses Under Illinois Law Battery offenses Assaults Aggravated Assaults Illinois Offenses Battery offenses Bodily harm only Assaults involving the attempted use of physical force Aggravated assaults with the use of a deadly weapon Even a benign object can be a deadly weapon if it can cause death (People v. Carter)

Right to Counsel Defendant was represented by counsel OR Knowingly and intelligently waived the right to counsel

Right to Jury Trial If the person was entitled to a jury trial for the offense: the case was tried by a jury OR the defendant knowingly and intelligently waived the right to have the case tried by a jury, by guilty plea or otherwise

Required Relationship Current or former spouse Parent, or guardian of the victim Child in common Cohabiting with or has cohabited with the victim as a spouse, parent, or guardian By a person similarly situated to a spouse, parent, or guardian of the victim

Restoration of Civil Rights Not convicted if: Conviction has been expunged or set aside The person was pardoned or had his civil rights restored, if state law provides for the loss of civil rights Unless the pardon, expungement or restoration of civil rights expressly prohibits firearm possession

Law Enforcement and Military; Official Use Exemption Officers can possess firearms while subject to a qualifying order of protection – but… Only their duty weapon Only while “on duty” No exemption for officers or military personnel convicted of a qualifying domestic violence misdemeanor

(1) Suggested Procedures for Revocation and Notification Process: Remedy 14.5 Once an Order of Protection is granted with Remedy 14.5: 1. Respondent surrenders all firearms to law enforcement 2. Clerk notifies LE that Plenary OP was entered with firearms prohibitions. 3. Law enforcement takes custody of firearms 4. Law enforcement inventories all firearms Once an Order of Protection is granted with Remedy 14.5: 1. Respondent shall be ordered within 24 hours of service to surrender all firearms in their possession to local law enforcement - If respondent fails to appear in court after receiving notice of hearing, law enforcement should notify respondent of firearms revocation upon service of the OP. 2. Within 24 hours of service, Circuit Clerk will notify law enforcement that Plenary Order of Protection was entered with firearms prohibitions. 3. Law enforcement agency should take custody of and impound said firearms for safekeeping and return them to respondent upon expiration of the Order of Protection. 4. Law enforcement shall inventory all firearms and provide a copy of documentation to respondent.

(2) Suggested Procedures for Revocation and Notification Process: Remedy 14.5 5. Respondent surrenders FOID card Circuit Clerk 6. Circuit Clerk mails card and a copy of court order to the ISP Firearms Services Bureau 7. Circuit Clerk gives receipt to respondent 8. Upon return, firearm disposition report given to Clerk of the Court 5. Within 24 hours of service of the Order of Protection, respondent shall surrender FOID card to the Circuit Clerk in presiding county. 6. Upon receipt of the respondent’s FOID card, the Circuit Clerk shall mail the card and a copy of court order to the Illinois State Police Firearms and Information Resources Bureau at: 801 S. 7th Street, Suite 400M, P.O. Box 19461, Springfield, IL 62794-9461. 7. Circuit Clerk shall give a receipt to the respondent and make an entry in the court document reflecting the forwarding of the FOID card to the Illinois State Police. 8. Upon the return or destruction of a firearm, the receiving agency shall complete and return a firearm disposition report to the Clerk of the Court.

FOID Revocation and Notification Process Under Federal Law Once an Order of Protection (OP) is granted: 1. OP is entered into LEADS system 2. LEADS operator determines if respondent has a valid FOID card. Info forwarded to ISP Firearms Services Bureau 3. Firearm prohibitor related to an OP = FOID card revoked 4. Cardholder notified of invalid card & must mail card to ISP 5. Restrictions remain in effect until OP expires Once an Order of Protection is granted: The Order of Protection is entered into the LEADS system. As the Order of Protection is entered into the LEADS system, the LEADS operator will determine if the respondent has a valid FOID card. If so, the operator will forward the information to the Illinois State Police Firearms and Information Resources Bureau. 3. Relevant information is gathered and a determination is made if a firearm prohibitor exists. 4. If there is a firearm prohibitor related to an order of protection, action will be taken within approximately 1 business day to revoke the existing FOID card. 5. A letter is sent to the cardholder to provide notification of the invalid status of the card with instructions to mail the card to the Illinois State Police. 6. Restrictions remain in effect until the Order of Protection expires.

Revocation & Notification Databases: CHRI, NCIC, III, LEADS, NICS and IDHS (very important how entered into LEADS) Previous history or file in the FOID system Responding officer

Format follows LEADS, so you may notice gun remedy listed under 17 instead of 14 – because LEADS lists it there

Domestic Violence Vignettes “Everywhere I Go There He Is – Training Exercise Handling the Call: Domestic Violence Vignettes Stalking Scenario “Everywhere I Go There He Is – Am I Losing My Mind?” or (“I Shot the law and the Law Won”) Training Exercise – Evidence Collection, Liability & Prosecution Provide Trainees with copies of the following scenario: Vera Victim and Bill Badguy dated for several years, living together for the last year. After escalating acts of violence finally landed Vera in the hospital with serious facial lacerations, the couple split. Vera would not support a domestic violence prosecution because she didn’t want to see Bill go to jail. She just wanted Bill to leave her alone. After the breakup, Bill continued to pursue Vera with flowers and presents at work, and constant e-mails, texts, phone messages and Facebook tributes. Vera wanted it to stop but Bill ignored her requests. Vera was granted an Order of Protection and Bill was properly served with the order. The OP seemed to enrage Bill and his behavior escalated. Internet postings about Vera became slanderous and humiliating. Presents were accompanied by veiled threats. Bill even posted some intimate photographs on Facebook that he had taken of Vera when they lived together. Finally, Vera called police, reporting all of the above as well as the sense that she was being followed. It was clear from her demeanor that Vera was “at her wit’s end” over all that was happening. Sadly, far too many cases of domestic violence end with unspeakable consequences, especially when firearms are a part of the equation. The Illinois Criminal Code and the Domestic Violence Act recognize the potential for lethality created by the presence of firearms when relationships turn violence. Referring to pages 21 and 42 in the State’s Attorney Protocol, pages 37 through 41 and 72 and 73 in the Law Enforcement Protocol, and the facts of the story above, develop an outline of what actions law enforcement, prosecution and advocates should take assuming that when she reported her suspicions to police, Vera mentioned that while they lived together, Bill had a collection of firearms that he liked to show off with, bragging that he had been perfecting his “sharp shooter” skills since childhood. What liabilities are faced by prosecutors, law enforcement and advocates if each fails to act upon the suspicion that firearm possession in this case is criminal? Determine if Bill should be arrested for a firearm offense in light of the existence of a plenary order of protection. List potential charges and the evidence necessary to support the charges. Determine who is responsible for investigating any potential charges and how the decision to arrest should be made.

“I Shot the Law and the Law Won” Training Discussion Special Considerations with Firearms ILCS and IDVA recognize potential for lethality Outline actions law enforcement, prosecution and advocates should take. Questions for victims: cooperative and reluctant Existing Order of Protection? FOID card? Potential charges? Who will investigate? Evidentiary issues? ILCS and IDVA recognize potential for lethality Outline actions law enforcement, prosecution and advocates should take. Questions for victims: cooperative and reluctant Existing Order of Protection? FOID card? Potential charges? Who will investigate? Evidentiary issues?

Direct FOID & Firearms questions to: ISP Master Sergeant Deanna Willner FOID Enforcement Manager ISP Firearms Services Bureau Springfield, IL 62703 PH 217-782-3550 FAX 217-782-9139 Deanna.Willner@isp.state.il.us Direct FOID & Firearms questions to: ISP Master Sergeant Deanna Willner FOID Enforcement Manager ISP Firearms Services Bureau Springfield, IL 62703 PH 217-782-3550 FAX 217-782-9139 Deanna.Willner@isp.state.il.us To schedule FOID Training, contact: Judy Walters, Assistant to Bureau Chief 217-782-5047 Trainers: Master Sgt. Mark Bayless Master Sgt. Tony McClure

Acknowledgements Resources provided by: - Jan Russell, Chicago Police Department – Chicago, Illinois, Jan.Russell@chicagopolice.org - ISP Master Sergeant Michael Vorreyer, FOID Enforcement Manager, ISP Firearms Information & Resource Bureau - Illinois Family Violence Coordinating Council, Springfield, IL, www.ifvcc.org - 4th Judicial Circuit FVCC Law Enforcement Committee - OVW Rural Grant Committee, 4th Judicial Circuit Resources provided by: - Jan Russell, Chicago Police Department – Chicago, Illinois, Jan.Russell@chicagopolice.org - ISP Master Sergeant Michael Vorreyer, FOID Enforcement Manager, ISP Firearms Information & Resource Bureau - Illinois Family Violence Coordinating Council, Springfield, IL, www.ifvcc.org 4th Judicial Circuit FVCC Law Enforcement Committee OVW Rural Grant Committee, 4th Judicial Circuit

This project was supported by Grant #2011-WE-AX-0055, awarded by the Office on Violence Against Women, U.S. Department of Justice, through the Illinois Violence Prevention Authority. The original project was supported by Grant # 2008-WR-AX-0016, awarded by the Office on Violence Against Women, U.S. Department of Justice, through the Illinois Criminal Justice Information Authority. Points of view, opinions, findings, conclusions or recommendations contained within this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice, Office on Violence Against Women, Illinois Violence Prevention Authority, or the Illinois Criminal Justice Information Authority. This project was supported by Grant #2011-WE-AX-0055, awarded by the Office on Violence Against Women, U.S. Department of Justice, through the Illinois Violence Prevention Authority. The original project was supported by Grant # 2008-WR-AX-0016, awarded by the Office on Violence Against Women, U.S. Department of Justice, through the Illinois Criminal Justice Information Authority. Points of view, opinions, findings, conclusions or recommendations contained within this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice, Office on Violence Against Women, Illinois Violence Prevention Authority, or the Illinois Criminal Justice Information Authority.