A bill mandating that police seize firearms from anyone subject to an order of protection or red-flag orders within 96 hours was passed by the Illinois House of Representatives on January 7, just before the General Assembly’s lame-duck session was adjourned.
House Bill 4144 now goes to anti-gun Gov. J.B. Pritzker for his consideration, and most observers expect him to sign it.
In a brief report on the measure, NRA’s Institute for Legislative Action (NRA-ILA) noted, “House Bill 4144 creates a mandate that police seize firearms from anyone subject to an order of protection or ‘red flag’ order within 96 hours. This includes ex parte orders, where the respondent is not notified of a hearing or offered any due process rights.”
According to a report at thecentersquare.com, the language was added as an amendment to the measure just six minutes before a committee was set to consider the bill.
Under current law, gun owners who are subject to an order of protection must relinquish their firearms to someone else eligible to have guns, which could include law enforcement agencies. If enacted, however, HB 4144 would require police to confiscate firearms from such individuals within four days of the order taking effect.
According to the centersquare.com report, opponents of the measure filed twice as many witness slips than proponents did. Still, the committee passed the measure, and the Democrat-majority Senate quickly followed suit.
In a not-so-surprising statement, the bill’s sponsor, Chicago Democrat Rep. Celina Villanueva, criticized those in the legislature who were concerned that the measure would violate some gun owners’ constitutional rights.
“It’s not OK that we are concerned, that some people are concerned more so with the rights to bear arms, the rights to have access to guns,” she told centersquare.com.
Indeed, it is understandable that some individuals are concerned about this issue, given that the Constitution serves as the foundation of law and order in the United States. Lawmakers like Villanueva, who seemingly have little regard for the Bill of Rights, pose a greater threat to Illinois and the nation than those who are worried about preserving freedom.
Opponents of the measure argue that the bill lacks adequate safeguards for due process—a common issue among most red-flag laws passed to date. This matter will inevitably be resolved later in court after pro-gun groups are forced to spend significant amounts of money contesting the new law.
Notably, the measure’s passage is another good example of the incrementalism of gun control schemes. Doubtless, when passing the original red-flag bill, lawmakers argued that “nobody is taking anybody’s guns.”
That’s always an easy thing to say. And it’s equally easy for them to pull last-minute hijinks and make the law more restrictive later without facing as much of a fight as they would have if the earlier measure included confiscation.
