Firearms Restraining Order

When an individual poses a significant risk of harm to themselves or others, family members, household members, and law enforcement can petition the court to temporarily remove guns and prevent the purchase of new guns by that individual by obtaining a firearms restraining order (FRO).  In Illinois, the law that governs a FRO can be found under the Public Safety Act of the Illinois Code at 430 ILCS 67. 

A petitioner may request an emergency firearm restraining order by filing an affidavit or verified pleading alleging that the respondent poses an immediate and present danger of causing personal injury to himself, herself, or another by having in his or her custody or control, purchasing, possessing, or receiving a firearm, ammunition, or firearm parts that could be assembled to make an operable firearm. 430 ILCS 67/35(a)

If the court issues an emergency firearms restraining order, it shall, upon a finding of probable cause that the respondent possesses firearms, ammunition, or firearm parts that could be assembled to make an operable firearm, issue a search warrant directing a law enforcement agency to seize the respondent's firearms, ammunition, and firearm parts that could be assembled to make an operable firearm. The court may, as part of that warrant, direct the law enforcement agency to search the respondent's residence and other places where the court finds there is probable cause to believe he or she is likely to possess the firearms, ammunition, or firearm parts that could be assembled to make an operable firearm. 430 ILCS 67/35(f-5)

Under 430 ILCS 67/10(d), The court shall provide, through the office of the clerk of the court, simplified forms and clerical assistance to help with the writing and filing of a petition under this Section by any person not represented by counsel. In addition, that assistance may be provided by the State's Attorney.

If seeking a writ of detention of examination (writ) under the Mental Health Code for an individual in mental health crisis an emergency firearms restraining order can be filed:

Cook County State’s Attorney’s Office - Mental Health Unit
Daley Center
50 W. Washington, Suite 2750
Chicago, IL 60602
(312) 603-8600

All other emergency firearms restraining orders can be filed:

Domestic Violence Court for Chicago
555 West Harrison
Chicago, Illinois 60607
The Office of the Clerk of the Circuit Court: (312) 325-9500
Cook County State’s Attorney’s Office: (312) 325- 9200

George N. Leighton Criminal Court Building
2650 South California Avenue
Chicago, Illinois 60608
The Office of the Clerk of the Circuit Court: (773) 674-3140
Cook County State’s Attorney’s Office: (773) 674-7200

Skokie Courthouse
5600 Old Orchard Road
Skokie, Illinois 60077
The Office of the Clerk of the Circuit Court: (847) 470-7250
Cook County State’s Attorney’s Office: (847) 470-7300

Rolling Meadows Courthouse
2121 Euclid Avenue
Rolling Meadows, Illinois 60008
The Office of the Clerk of the Circuit Court: (847) 818-3000
Cook County State’s Attorney’s Office: (847) 818-2326

Maywood Courthouse
1500 Maybrook Drive 
Maywood, Illinois 60153 
The Office of the Clerk of the Circuit Court: (708) 865-6040
Cook County State’s Attorney’s Office: (708) 865-6080

Bridgeview Courthouse
10220 S. 76th Avenue
Bridgeview, Illinois 60455
The Office of the Clerk of the Circuit Court: (708) 974-6500
Cook County State’s Attorney’s Office: (708) 974-6250

Markham Courthouse
16501 South Kedzie Parkway
Markham, Illinois 60428
The Office of the Clerk of the Circuit Court: (708) 232-4551
Cook County State’s Attorney’s Office: (708) 232-4040