Pritzker signs ‘Karina’s law’ to remove guns from domestic violence situations

Karina Gonzalez and her 15-year-old daughter Daniela were shot and killed on Fourth of July weekend in 2023 at their Chicago home, allegedly by her husband.

After more than a year of negotiations, Gov. JB Pritzker signed a bill in her honor Monday that is designed to remove guns from domestic violence situations.

“As I look forward towards the future, I hope that the future survivors won’t have to suffer as much as our family and countless others have had to at the hands of abusers,” Manny Alvarez, Gonzalez’s surviving son, said at a news conference in Chicago Monday.

House Bill 4144, also known as Karina’s Law, clarifies that local law enforcement must temporarily remove guns from a person who has an order of protection against them when the alleged victim successfully seeks firearm removal as a remedy in court.

Current law allows people asking a court for an order of protection to request a “firearm remedy” that would lead to law enforcement removing guns from the alleged abuser’s possession. Karina’s Law closes the loophole that made it unclear who was responsible for removing the gun from the situation.

“An emergency order of protection is often the first step out of a violent relationship. It can also be the most dangerous step. This is the time that a survivor faces the most risk because it’s also the time that the abusive partner realizes he’s losing control.”

—  Amanda Pyron, CEO of The Network

Under the law, the person who seeks an order of protection can also ask the court to issue a search warrant that will allow 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 it being issued.

“Taking lethal weapons from those who have already done harm and are an immediate and present danger to do further harm is simply common sense,” Pritzker said.

Guns and domestic abuse are a deadly recipe, said Amanda Pyron, CEO of The Network, an advocacy group that focuses on preventing domestic violence. Between 2019 and 2023, Illinois saw a 63% increase in gun-related domestic violence deaths.

“An emergency order of protection is often the first step out of a violent relationship,” Pyron said. “It can also be the most dangerous step. This is the time that a survivor faces the most risk because it’s also the time that the abusive partner realizes he’s losing control.”

Supporters of the law said they hope closing the loophole will make it safer for victims when they seek a court’s intervention.

“Karina’s Law will protect survivors of domestic violence and give them comfort – the comfort of knowing that their abuser will not have easy access to firearms,” Pritzker said.

The nation’s high court upheld a federal law last June that prohibits people with domestic violence-related restraining orders from having guns. Though Karina’s Law had previously passed through the House last spring, senators delayed action while waiting for the decision.

“I was relieved when the court gave us far more elbow room than I would have expected to tackle this issue, and now we have, and we’ve done it in a matter that is effective and constitutional,” said Senate President Don Harmon, D-Oak Park.

[ Read more: Lawmakers advance ‘Karina’s bill’ to remove guns from domestic violence situations ]

Although the bill received bipartisan support, some gun rights groups and Republican lawmakers expressed concerns the bill undermines due process afforded to people accused of crimes. They argued taking guns away from a person with an order of protection against them assumes guilt on criminal charges and violates their constitutional rights. Orders of protection are filed in civil court.

“This policy sends a clear message to those living through trauma and the terror of domestic violence,” said state Rep. Maura Hirschauer, D-Batavia. “Here in Illinois, we see you. You have the absolute right to leave your abuser and we will do our best to keep you and your family safe. And most importantly, here in Illinois, we value your life and the life of your families more than we value your abuser’s gun.”

Illinois law enforcement organizations also had concerns about their ability to carry out the law, including where police agencies would store the confiscated firearms and the logistics of carrying out search warrants against alleged abusers.

Law enforcement organizations and lawmakers came to an agreement over those logistics. If a victim has not made any reports of domestic violence to police within the last three months, police will have 48 hours to research the situation behind the order of protection and make any changes to the search warrant. Warrants then must be executed within 96 hours of any changes.

The person who has an order of protection against them will also be able to petition the court to have the gun transferred to another person who can lawfully possess a firearm. Maralea Negron, director of policy for The Network, said this is designed to help smaller sheriff’s offices that don’t have capacity to store guns.

Capitol News Illinois is a nonprofit, nonpartisan news service that distributes state government coverage to hundreds of news outlets statewide. It is funded primarily by the Illinois Press Foundation and the Robert R. McCormick Foundation.