Karina’s Bill FAQ

Posted on by Intern Rep Hirschauer
Karina’s Bill FAQ

What is Karina’s Bill?

“Karina’s Bill”, a piece of legislation passed by the Illinois General Assembly in January 2025, is aimed at enhancing protections for victims of domestic violence. The bill mandates that law enforcement agencies confiscate firearms from individuals subject to an order of protection within 96 hours of its issuance. This measure addresses a critical gap in existing laws, ensuring that alleged abusers do not retain access to firearms during the period when an order of protection is in effect.

Listed below is a FAQ on the processes and requirements of how firearms are to be returned after an Order of Protection (OOP) expires. Answers are referenced directly from ILGA.gov.

Frequently Asked Questions (FAQ)

*Note: “Respondent” refers to the owner of the firearms that are confiscated. All mentions of “firearm” below also include “firearm parts” which could be assembled to create an operable firearm.

• What happens to a respondent’s firearms after they’re confiscated?

They are held by the law enforcement agency that took possession of the items for safekeeping.1 Law enforcement will also confiscate any Firearm Owner’s Identification Card or Concealed Carry License in possession of the respondent, and shall immediately mail it to Illinois State Police Firearm Owner’s Identification Card Office for safekeeping.2

• How do respondents reclaim their firearms?

The respondent may contact the law enforcement agency safekeeping their firearm to request them back. Law enforcement shall comply only if:

  1. the order of protection for the victim has expired AND
  2. the gun owner is legally allowed to own firearms.3

It is the responsibility of the respondent to request their Firearm Owner’s Identification Card or Concealed Carry License back by contacting the Illinois State Police Firearm Owner’s Identification Card Office.4

• How will law enforcement return confiscated firearms?

Law enforcement will attempt to contact the respondent to reclaim their firearm but will pursue other options if the respondent:

  1. fails to respond to more than three requests to retrieve the firearms OR
  2. cannot be located.6

• What if the respondent cannot be contacted?

If retrieval is unsuccessful, the court, upon petition from the appropriate law enforcement agency and notice to the respondent at their last known address, may:

  1. use the firearm for training purposes OR
  2. use the firearms for any other application as deemed appropriate OR
  3. turn the firearms over to a third party who is lawfully eligible to possess firearms and does not reside with the respondent.7

Additionally, a third party who is lawfully eligible to claim the firearms for the respondent, but only provided that:

  1. the third party must not reside with the respondent AND
  2. the respondent must not have access to the firearm AND 
  3. the third party must not transfer the firearm to anyone else AND
  4. the third party will maintain control and possession of the firearm until otherwise ordered by the court AND
  5. the third party will be subject to criminal penalties for transferring the firearms AND 
  6. the order of protection is expired.8
• How long does it take for a firearm to be returned?

Once a firearm return request has been filed, the police department shall return their firearms to them within 14 days (however, the statute currently does not specify in what way firearms will be returned).5

• What happens when firearms are claimed to be the property of another person while confiscated?

They may petition the court to have the firearms returned to them with proper notice to the respondent. At a hearing, if the court determines the petitioner to be the lawful owner, the firearms will be returned to them only if:

  1. the lawful owner agrees to store the firearm in a manner that does not provide access or control of the firearm to the respondent AND
  2. the lawful owner does not transfer the firearm to the respondent or anyone who resides with them AND
  3. the lawful owner does not reside with the respondent AND
  4. the respondent does not have access to the location in which the lawful owner intends to keep the firearms AND
  5. the lawful owner will maintain control and possession of the firearm unless otherwise ordered by the court.9

If you have still have any unanswered questions, please reach out to our office.