Suburban lawmaker: Gun restraining order could prevent tragedies

A suburban lawmaker has legislation pending in Springfield that she believes could prevent gun-related tragedies like the mass shooting last week at a Florida high school.

For three years, state Rep. Kathleen Willis has been working on a bill that would allow family members to petition the courts to temporarily remove firearms from loved ones believed at risk of hurting themselves or others.

The emergency Lethal Violence Order of Protection would suspend the individual's Firearm Owners Identification card and concealed carry license and would prohibit him or her from owning, purchasing or having control of a gun for up to a year, she said.

"The whole idea is it's a temporary thing. It's to protect people from themselves and from harming others," said Willis, an Addison Democrat. "This is more a proactive type of thing instead of reactive."

If passed, the law would require family members or law enforcement officers to explain their reasoning for filing the petition, Willis said. Perhaps the individual is going through depression or facing serious personal problems, she said, or maybe is in the early stages of dementia.

"It's hard to say, how do we know for sure that person would be harmful to themselves or others?" she said. "We don't know, but I'd rather err on the side of caution."

Representatives from the Illinois State Rifle Association could not be reached for comment Sunday. However, in a March 2017 newsletter, Executive Director Richard Pearson called the bill "unconstitutional" and said relatives could use it for unintended purposes, such as an act of revenge.

"This act is a weapon against law-abiding gun owners," he said.

Willis said the legislation includes a provision that petitioners found guilty of lying could be charged with perjury. The person subject to the emergency order also can petition to have it rescinded.

The bill, which is on a third reading, largely mirrors a gun violence restraining order created in California nearly two years ago, Willis said. Several other states have adopted similar forms of the legislation.

Willis said such a law could have potentially saved the lives of the 17 people killed by a semi-automatic rifle in Florida. Authorities say the gunman legally owned the weapon, despite family members' and classmates' describing him as dangerous.

Willis also is the sponsor for proposed legislation to regulate the selling or leasing of firearms.

"I think both of those bills are necessary and can help prevent these types of tragedies from occurring," Willis said. "Every time we're taking a step in the right direction, hopefully we're saving lives."