Illinois Passes Karina’s Law Aimed at Reducing Gun Violence Towards Domestic Violence Victims

With the new year comes new laws passed by the Illinois state legislature, and Chicago residents may be pleased to hear the news about the passage of Karina’s Law. The bill, which was passed in the Illinois House with an 80-33 vote, and in the Illinois Senate by a 43-10 vote, aims to keep victims of domestic violence safer from gun violence by their abuser. The legislation was introduced in honor of domestic violence victim Karina Gonzalez, an Illinois mother of two who was shot by her husband, despite the fact that she had an order of protection in place. The order of protection, proponents of the new law say, could have led to the removal of the gun that killed Karina Gonzalez from her home by Illinois police officers. Karina’s 15-year-old daughter, Daniela, was also allegedly killed by Karina’s husband, and her son was injured.

Prior to the passage of Karina’s law, in Chicago and throughout Illinois, domestic violence victims who sought orders of protection against their abusers could seek a “firearm remedy” in their case, which would permit law enforcement to remove firearms from the home of their alleged abuser. However, there was a loophole in the law, in that the law was unclear as to who exactly was responsible to actually remove firearms from the home, once a “firearm remedy” was granted. The new law closes that loophole, and also would allow domestic violence victims in Chicago seeking orders of protection against their abusers to request a search warrant from a judge to search their abuser’s home for firearms and seize them. The law also clarifies that in cases where a domestic violence abuser transfers their firearms to a third party to avoid seizure, that third party cannot live in the same home, and the transfer can only occur after the firearms have been seized from the home.

Domestic violence survivor Lauren Carter, an Illinois resident, said of the bill, “Frankly, in the face of a lot of opposition from law enforcement, we’ve said, ‘No, no, no, we need to do this,’ so we’d have the ability to go in and get the guns… But I do feel like this is such a huge step, and we’re going to be able to save a lot of lives.” The legislation will now go to Governor JB Pritzker’s desk for his signature to be passed into law.

If you are a victim of domestic violence in Chicago and you need legal help obtaining an order of protection against your abuser, do not hesitate to speak with an experienced Chicago domestic violence lawyer about your rights and options under Illinois laws. The experienced Chicago domestic violence lawyers at the law firm Arnoux Sharma & Standeford, LLC are here to help victims of domestic violence in Chicago stay safer and obtain orders of protection in their case. Do not hesitate to speak to a lawyer about your case. Contact Arnoux Sharma & Standeford, LLC and speak to a lawyer now.

Source:

cbsnews.com/chicago/news/illinois-lawmakers-pass-karinas-bill-guns-seized-order-of-protection/