Karina’s law: Good idea, but tough to enforce, police say

A suspect charged with domestic violence can have his gun temporarily taken away. Nothing new about that. Recently, though, Springfield has given that task to police and given them a deadline.

It’s called “Karina’s law,” named for a mother killed by her abusive husband, and it requires the police to take a gun from the suspect in a domestic violence case.

“The biggest concern is officer safety: You don’t know if the guy is standing behind the door ready to blow somebody away.”

—  La Salle County State's Attorney Joe Navarro

La Salle County State’s Attorney Joe Navarro has a concern. He’s worried policing will become more dangerous once Karina’s law takes effect in May.

“The biggest concern is officer safety: You don’t know if the guy is standing behind the door ready to blow somebody away,” Navarro said. “We have good officers, but we don’t always have good people who need their guns taken away.”

Under the new law, the person who seeks an order of protection can also ask the court to issue a search warrant allowing local law enforcement to seize firearms from the alleged abuser. The petitioner or state’s attorney must demonstrate probable cause that the alleged abuser poses an immediate threat to the petitioner. Law enforcement would then be required to execute the warrant within 96 hours of issuance.

For La Salle County, that might not be small number of warrants. La Salle County Circuit Court records about 250 domestic violence charges a year – a figure that does not include orders of protection filed in civil court – which could require police to seize dozens of firearms from suspects not keen on giving them up.

Susan Bursztynsky, executive director at Safe Journeys, which assists victims of domestic and sexual abuse, said not many victims request for firearms to be removed in an order of protection situation.

Karina’s law was enacted Feb. 10 and takes effect 90 days thereafter, meaning police still have some time to address some logistics and concerns. Oglesby Police Chief Mike Margis said he foresees three issues:

• Resource allocation: Smaller departments may lack the personnel and equipment necessary to execute the search warrant and remove firearms promptly.
• Storage and handling: Confiscated firearms will need to be properly stored in a secured location to ensure safety as well as compliance with Karina’s law
• Training: Officers must be trained on handling these situations appropriately, and Margis said many agencies have training budgets already stretched thin

“We will do our best to have the alleged abusers petition the court to have their gun or guns transferred to another person who can lawfully possess a firearm,” Margis said. “If there are no other options then we will execute the search warrant with in the 96-hour window like the law mandates.”

Streator Police Chief John Franklin said he supports the law in principle, but carrying out the law will require a significant outlay of resources.

“We have a lot of domestics in Streator,” Franklin said. “It’s going to seriously overtax our investigators and patrol officers to get these warrants, go into houses and retrieve these weapons.

“It’s going to be interesting to see how we can deal with the law and play our part in it.”

Spring Valley Police Chief Adam Curran said the biggest concern is requiring police to remove a weapon from an inherently dangerous situation and during a timeframe when emotions still are running high.

“Domestic violence situations are one of the most volatile situations and can escalate very quickly,” Curran said. “Our main responsibility in law enforcement is to protect people from harm, and, unfortunately, domestic situations are one of the most likely situations in which harm can happen to a victim.”

One possible solution is to persuade the domestic suspect to release his firearm not to police but to a friend or family member with a valid firearm owner’s ID card.

“We currently see this happen a lot when someone has their FOID or concealed carry permit revoked or suspended,” Curran said, “and I would anticipate this will occur with Karina’s law.”

Bursztynsky said the new law is crucial to support victims in unsafe situations.

“In the past, one of the reasons a victim may not ask is because they feel it will create a more dangerous situation,” Bursztynsky said. " ... Before (Karina’s Law) a petitioner can ask for it, a judge grants it, but there was no way for law enforcement to enforce it. Now police can use a search warrant and now have that ability."

Police chiefs interviewed for this story agreed that temporarily disarming firearm owners charged with domestic violence is a worthwhile and a noble goal.

“Domestic violence is about power and control and the most dangerous time for a victim is when an arrest is made, and that power and control are taken away,” said Peru Police Chief Sarah Raymond. “Anything we as law enforcement can do to help protect victims will be welcome by our agency without question.”

The governor said the intent of the law is to add more support and protection for victims.

“Protecting victims of domestic violence is a cause that’s taking a giant leap forward,” said Gov. JB Pritzker upon signing the bill into law. “Karina’s law will protect survivors of domestic violence and give them the comfort of knowing their abuser will not have easy access to firearms. We owe it to Karina and Daniela — to Manny — and to all the victims and their families, to continue building all the support and protection that we can.”