Highland Park, a year later: Use of state’s ‘red flag’ gun laws jumps in wake of parade killings
State Rep. Bob Morgan stands in the 600 block of Central Avenue at Port Clinton Square shopping area, June 29, 2023, in Highland Park. It is the location Morgan rushed to from two blocks away to help gunshot victims and traumatized residents during a mass shooting at the Fourth of July parade in 2022. He pushed for legislation that led to the state's ban on assault weapons and high-capacity magazines.
The use of a separate tool, the firearms restraining order, the form for the state’s red flag law, has also jumped since the Highland Park attack. “The awareness is growing, and that is where the thrust of our effort has to be. It’s simply making people aware that they have this option,” Kelly said. “And then, as we do that, eliminating any barriers or challenges that may be there from a technical standpoint or a legal standpoint to simplifying the process.”
State police changed the way the latter are handled in direct response to gaps exposed by the particulars of the case of Robert Crimo III, the alleged Highland Park gunman who awaits trial on murder charges. After the July 4 shooting, the state police codified in its administrative rules the agency’s ability to retain clear and present danger reports even if the subject doesn’t have a FOID card or a pending application on file and isn’t deemed to be an imminent threat. The agency would be able to use such reports in evaluating future FOID card applications.
“If there’s a mechanism to be developed that would show that, I think that could reveal what are the fact patterns that result in a firearms restraining order being denied?” he said. “What does the court see that says, ‘Hey, this may not be enough or this does meet the burden of proof?’”“It’s a relevant question,” added Kelly, due to the higher burden of proof for a firearms restraining order compared to a clear and present danger report.
“We have direct contact with the police on these matters. And we want to make sure that they’re done correctly, Berlin said. Rinehart stressed that firearms restraining orders are only one way of taking guns from potentially dangerous people. Any judge presiding over a criminal case can order a defendant to turn over their weapons as a condition of being released on bond, for example.
Ed Sullivan, a contract lobbyist for the Illinois State Rifle Association, which is one of several gun rights entities challenging Gov. J.B. Pritzker’s gun and magazine ban in court, said no one wants firearms to end up in the wrong hands. But he’s concerned the firearms restraining order law could have adverse effects on legal gun owners, particularly if they’re involved in messy court disputes with ex-spouses.
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