SPRINGFIELD, Ill. (WAND) — A bill in the state capitol could expand how law enforcement is able to restrain guns during a firearm restraining order.

An issue law enforcement has run into is the law of clear and present danger. This law requires those taking away the firearms to be able to prove the gun holder was an immediate threat. Illinois State Police said this has been too limiting.

The plan would expand a firearm restraining order by including history of physical abuse, unlawful or reckless use of firearms, prior felony offenses, evidence of alcohol or substance abuse, recent threat to others or themselves and patterns of domestic violence.

These factors would be added in the decision process to restrain a firearm, not revoke a FOID card. State Rep. Bob Morgan (D-Highland Park) said this would protect Illinoisan.

“This is not a controversial thing in the sense that a lot of other states, red or blue, adopt similar protocols to keep people safe,” Morgan said. “What happens in these immediate needs to remove a firearm from a situation, even for just a moment, saves lives.”

Since the committee only held subject matter for the bill, lawmakers did not vote on the plan. The proposal could return to the House gun violence prevention committee for a vote in the coming weeks.

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