Chicago Criminal Lawyer Blog
Illinois law enforcement began issuing permits earlier this year under the state’s new concealed carry law, and already it appears that law enforcement is singling out Cook County residents with any type of domestic violence history.
Police Objection to Illinois Concealed Carry Permit
The Illinois concealed carry law grants law enforcement the right to object to the issuance of a concealed carry permit if they have a “reasonable suspicion” that the applicant is a danger to himself or others, or is a threat to public safety.
When the application review process began on January 5 of this year, the Cook County Sheriff’s Department opposed 217, or 1%, of those submitted because the applicants had a history of domestic violence or were the subject of protection order; that number has since risen to 581, or 2.5% of all applications received to date. Gun crimes were the next highest reason for objections, with 378. An objection does not guarantee that the concealed carry permit will be denied; instead, it grants the police up to 90 days to submit information to the Concealed Carry Licensing Review board supporting their objection.
The report notes that there is crossover amongst the objection categories, as some applicants had arrests for more than one crime, prompting the objection. Thus it is unclear whether any of the 581 objected applicants had convictions or charges for other crimes, such as drug crimes or assaults, which would have bolstered law enforcement’s objection. But with domestic violence being the highest objectionable category, it appears that individuals with these histories are being targeted. This is especially troubling when the basis of the objection was an order of protection.
Illinois Orders of Protection Not Evidence of Crime
Orders of protection can be obtained in criminal court in conjunction with a criminal charge of domestic violence. But they are most often obtained in civil court. A petition for an order of protection can be filed even if there is no arrest for domestic violence. While domestic violence is a serious issue, the protection order process is unfortunately abused, sometimes for personal gain, and other times for retaliation.
If your partner or ex-partner tries to get an order of protection against you, you may decide against fighting it, instead choosing to distance yourself from the situation. But given the potential rights that can be taken away if the order is issued, this is the wrong mindset.
If an order of protection is issued against you, it could negatively impact your ability to get custody of your children. You may have to list it on future job and housing applications. You will also need to include it on the application for a concealed carry permit, and in just the short time the licenses have been available, law enforcement has been trying to keep guns out of the hands of anybody who has any type of domestic violence in their past, even a non-criminal order of protection.
Chicago Domestic Violence Attorney
If a petition for an order for protection has been filed against you, you need an experienced domestic violence attorney. Having an order of protection issued against you can affect your chances to obtain custody of your children, your job prospects, and even your right to legally carry a concealed weapon. The Law Offices of David L. Freidberg, P.C., has experience defending against civil claims of domestic violence, and understands that claims are often fabricated for the petitioner’s personal gain. Letting the petitioner’s claims go unanswered just because you want her out of your life can have far-reaching consequences. Call us at 312-560-7100 or contact our Chicago office today for a free consultation. We are available 24/7 for your convenience.
