Understanding the relationship between orders of protection and gun rights is important, especially with Illinois laws becoming increasingly strict about firearm possession in domestic violence cases. If you’re worried about how a protective order might impact your ability to own or carry a gun, it’s essential to know what the law allows and what steps you may need to take.
At Hirsch Law Group, our team has spent years helping individuals across the state understand their rights and navigate complex legal situations. Whether it’s criminal defense, domestic violence charges, or firearm-related restrictions, we believe people deserve clear, reliable information. If you’ve been served with an order of protection or are concerned about how it might affect your right to own or carry a gun, this post will walk you through what you need to know.
What Is an Order of Protection?
An order of protection is a court order intended to prevent further abuse, harassment, or contact between one person and another. In Illinois, these orders are often filed in cases involving domestic violence or threats of harm, and they can be temporary or long-term, depending on the case.
There are three types of protective orders in Illinois:
- Emergency Order of Protection (EOP): Issued quickly and often without the accused being present in court. These last up to 21 days.
- Interim Order of Protection: Can be granted after the accused is notified and before a full hearing takes place.
- Plenary Order of Protection: Issued after a full hearing and can last up to two years.
Regardless of which type is issued, an order of protection can carry serious consequences, including the loss of your right to possess or purchase firearms.
How Do Protective Orders Impact Gun Rights in Illinois?
Illinois law takes firearm possession seriously, particularly in domestic violence cases. If you’re subject to an order of protection, it will likely impact your ability to legally own, carry, or purchase firearms.
Here’s what typically happens:
- Firearm Owner’s Identification (FOID) Card Revocation
If you are served with an order of protection, the Illinois State Police may revoke your FOID card, which is required to legally possess a firearm in Illinois. Without it, you cannot legally keep any firearms. - Mandatory Surrender of Firearms
In most cases, the court will require you to surrender any firearms in your possession. You may be ordered to turn them over to local law enforcement or to someone legally allowed to hold them. - Background Check Red Flags
Orders of protection are often entered into national databases, which means they can show up on background checks, potentially disqualifying you from purchasing a firearm under both Illinois and federal law. - Federal Firearm Restrictions (Lautenberg Amendment)
Even beyond Illinois law, federal law prohibits individuals under certain domestic violence protective orders from possessing firearms. This means that even if your FOID card is reinstated later, you may still be prohibited under federal law.
What Happens After the Order Is Lifted or Expires?
Once an order of protection is dismissed or expires, your ability to own firearms may not automatically return. In many cases, you’ll need to:
- Reapply for a FOID card through the Illinois State Police
- Show that the order is no longer in effect
- Submit to another background check
- Possibly petition the court or appeal if your application is denied
It’s important to know that past protective orders, especially if they involved findings of abuse or credible threats, can still influence future firearm rights, even after the order is no longer active.
If you’re unsure how a criminal charge or protective order could affect your FOID card, speaking with a defense attorney can help you understand where you stand and what steps to take next.
Can You Fight the Order of Protection?
If you believe the protective order was issued unfairly, you do have the right to contest it. At a plenary hearing, both sides can present evidence and testimony. Having an attorney with you can help ensure your side of the story is clearly heard and that your rights are protected throughout the process.
Keep in mind:
- Judges are generally cautious in these cases and tend to err on the side of safety
- Even temporary orders can result in the immediate loss of firearm rights
- A successful defense may not just prevent restrictions, it can also help protect your reputation and future rights
What Should You Do If You’re Facing an Order of Protection?
Here’s a quick checklist to help you stay on track:
- Read the full order carefully and follow all conditions
- Do not attempt to contact the person who filed the order
- Surrender your firearms if instructed – do not ignore the court order
- Contact a criminal defense attorney as soon as possible
- Keep records of everything, especially if you plan to challenge the order later
Orders of protection are serious legal matters that can affect multiple parts of your life, from family relationships to your ability to legally possess a firearm.
Protecting Your Rights Moving Forward
Navigating the legal consequences of an order of protection isn’t easy, especially when your gun rights are at stake. Understanding the process and knowing what to expect is the first step toward protecting your rights and making informed decisions.
At Hirsch Law Group, we’ve worked with clients across Illinois who are facing protective orders, criminal charges, and firearm-related restrictions. If you’re unsure where to begin or have questions about your FOID card status, our team is here to help you understand your options and move forward with clarity.
If you’re dealing with an order of protection in Illinois and have concerns about your gun rights, contact Hirsch Law Group or visit hirschlawgroup.com to learn more.