Following the July 4 mass shooting in Highland Park where 6 people were killed and 30 injured by an obviously disturbed young man whose behavior seemed to scream for intervention, many Illinois citizens were outraged that authorities at seemingly all levels had failed to notice or take action to prevent the massacre. Focus shifted to what are called “Red Flag” laws, wherein family members, mental health professionals, police or other authorities can request that a troubled individual be temporarily restricted from possessing firearms subject to a court review of the individual’s behavior.
After the shooting, it was determined that the suspect was “known to law enforcement” after two run-ins in 2019, and that over the next two years the suspect legally purchased five firearms — a combination of rifles, a pistol and possibly a shotgun. Illinois State Police confirmed that the suspect passed four background checks between June 2020 and September 2021 when purchasing firearms, which included checks of the federal National Instant Criminal Background Check System.
Enter the Firearms Restraining Order Act (FROA). The law allows a family member or police officer to request an emergency order to restrict access to guns if they believe someone poses a danger to themselves or others. The emergency restraining order must be granted by a judge and is temporary, lasting up to 14 days. A plenary firearms restraining order remains in effect for an additional six months after a hearing on the merits of the petition or an agreement by the respondent.
The FROA has been state law since 2019 but has been sparsely used. This prompted state officials to create the Illinois Commission on Implementing the Firearms Restraining Order. The commission was created in Spring 2022 by the Illinois General Assembly to advise on the strategies of education and implementation of the FROA. Panel members are charged with improving public awareness of the law and its intent among the public and among officials who are responsible for applying the law, including court and law-enforcement officials.
Yesterday it was announced that Kane County State’s Attorney Jamie L. Mosser has been named a member the commission. Mosser is among five Illinois state’s attorneys on the panel. The remainder of the 16-member panel, appointed by Illinois State Police Director Brendan Kelly, includes municipal police chiefs and sheriffs, along with other legal, public safety and public health officials and experts.
The panel has met four times since its inception, identifying goals and best practices. It expects to soon begin establishing protocols for the law’s application.
“If we can implement a process to safely and fairly remove guns from people who pose a danger to themselves or to others, we create a safer community, Mosser said in a press release. “My thanks to ISP Director Brendan Kelly for recommending me for appointment to this commission, where we can propose meaningful changes to this law and can provide education to law enforcement and our community on how and when to apply for the Firearms Restraining Order.”
