Advocates for domestic violence victims are pushing for legislation that would require police in Illinois to take weapons from alleged abusers at the time an order of protection is approved by the court. The measure was defeated in the regular session, but sponsor, Illinois Representative Maura Hirschauer (D-Batavia), hopes to resurrect it in the fall veto session.
Hirschauer tells KMOX's Total Information A.M. Thursday, current law is failing victims and their families, "too often, mostly women, when they're trying to leave a dangerous situation, are killed by their abusive partners." She says her bill provides clarity, "for judges and law enforcement to have the tools they need to go into the home and get those guns away from a dangerous situation."
Republican Representative Patrick Windhorst of Metropolis tells KMOX he's concerned the measure would be a burden to law enforcement.
"Law enforcement agencies, sheriffs' associations, and others have expressed some concerns that they will be required to not only enforce these orders, which is already their duty, but to now take the firearm, store them and take responsibility for them," explains Windhorst.
He also points to concerns about whether the measure would stand up to legal challenges, "there are certain rights that individuals have under the constitution as it relates to searches of their home." Windhorst contends current law already provides for officials to request a search warrant at the time they're filing for an order of protection and that could result in removal of weapons.
Hirschauer says her proposal would make that process automatic, and could possibly prevent a weapon from being transferred to a someone close to the alleged abuser. She says she is working on a compromise that would allow police to work with gun shops to safely store weapons.
The Illinois legislature returns for the start of the fall veto session next week.
