What Second Amendment? Illinois governor to sign gun confiscation law into effect | Law Enforcement Today

SPRINGFIELD, IL - The State of Illinois’ Democrat Governor J.B. Pritzker announced Monday that he will sign House Bill 4144, a bill born as a measure dealing with the disruption of fire hydrants that was later gutted to incorporate “Karina’s Law.” The new measure now strips away the Second Amendment right to possess a firearm from anyone who is the subject of a domestic violence order of protection.

As reported by The Center Square, the now amended bill will require Police Departments to confiscate firearms from anyone who has an order of protection against them as opposed to the current statute which gives them the opportunity to hand over their firearms to a qualified, third party of their choice.

The move, despite token support from a small number of Republican legislators, has been broadly opposed by conservatives stressing the new law’s violation of the constitutionally protected individual right to keep and bear arms under the Second Amendment as well as a due process violation of The Fifth Amendment of the United States Constitution.

The bill states:
"A person who is subject to an existing domestic violence order of protection issued under this Code may not lawfully possess firearms or firearm parts that could be assembled to make an operable firearm weapons or a Firearm Owner's Identification Card under Section 8.2 of the Firearm Owners Identification Card Act.

“Any firearms or firearm parts on the respondent's person or at the place of service shall be immediately surrendered to the serving officers at the time of service of the order of protection, and any other firearms or firearm parts shall be surrendered to local law enforcement within 24 hours of service of the order of protection.”

Republican State Senator Steve McClure suggested that a better reform would have enhanced the penalty for violating a protective order to a felony. “Do all of you know that right now in the state of Illinois if you violate an order of protection it’s a misdemeanor? Do you know what else is a misdemeanor? If you walk into a store and you take a candy bar and you leave, that’s a misdemeanor,” McClure told the outlet last week. He noted though that his proposal never received a hearing before the Assembly adjourned.

Fellow Republican Rep. Adam Niemerg questioned the lack of due process saying, “A petitioner can go to court, circumvent the state’s attorney and law enforcement, file for that order of protection. The judge shall issue that order of protection. Law enforcement issues that order of protection serve that order of protection,” he said. “With the search warrant, kicks in somebody’s door, seizes their firearms and they have no due process rights at all.”

Pritzker announced his intention to sign the bill into law after discussing the matter with law enforcement telling a Wednesday press conference that the Assembly, “felt like they can effectuate Karina’s Law. It’s the right idea. It’s the right thing to do. I will sign the bill.”