Gov. Pritzker signs 'Karina's bill' to remove guns from domestic violence situations
CHICAGO (WLS) -- "Karina's bill" was signed into law on Monday by Gov. JB Pritzker.
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The bill is something survivors of domestic violence say can save more lives.
The new law requires guns to be removed from an accused abuser's home after a victim is granted an order of protection in a domestic violence case.
The legislation is named in honor of Karina Gonzalez, who was killed in July 2023 inside her Little Village home, along with her 15-year-old daughter, Daniela.
Authorities say Gonzalez's husband, Jose Alvarez, allegedly shot them both.
If you need help or know someone in need of help, please call the National Domestic Violence Hotline for confidential support 24/7/365. The number is 1-800-799-SAFE (7233). You can also text the word "START" to 88788.
Gonzalez was shot while she had an order of protection against her husband.
He's been charged with murder.
Karina's son, Manny Alvarez, who survived the shooting, spoke on Monday. He worked alongside lawmakers to honor his family.
"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," Alvarez said at a news conference in Chicago Monday. "It's a good day, and it's a day to celebrate. But I think it's important to look ahead. And although it's a law, there's a lot of work to be done."
Illinois state law already allows anyone seeking an order of protection to seek a "firearm remedy," which allows police to remove guns from an abuser's home.
But Karina's Law now closes a loophole of who is responsible for removing firearms in such situations.
House Bill 4144 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.
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. "This measure allows police across Illinois to confiscate guns and FOID cards for individuals who have a restraining order entered against them."
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.
Lawmakers are calling this a victory for survivors of domestic violence. It cements Karina's name and memory.
Karina's bill was first introduced in October 2023 by domestic and gun violence prevention advocates.
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," Senate President Don Harmon, D-Oak Park, said.
Though 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.
Illinois State Rifle Association's Executive Director Richard Pearson released the following statement:
"It is the height of hypocrisy for Governor Pritzker to sign legislation today claiming to protect potential domestic violence victims, while at the same time the FOID card act is being used to disarm those same potential victims," Pearson said.
Pearson was referring to a court striking down the requirement of having a FOID Card in the home as unconstitutional in the case of People of the State of Illinois vs. Vivian Claudine Brown.
He said the Illinois State Rifle Association is considering a lawsuit.
"We certainly don't want domestic abusers to have access to firearms, but we also have to balance that with the rights of people who have done nothing wrong, and it's used as a weapon against them," Pearson said.
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.
READ ALSO | Advocates urge passing of bill named for woman allegedly shot, killed by husband in Little Village
"I still remember the Fourth of July weekend in which Karina and Daniella were killed because I remember hearing the news and knowing how close to home it was for me," said Celina Villanueva, Democratic Illinois senator for the 12th District.
Manny Alvarez worked with Villanueva on the bill. Now he's working with her and other anti-violence initiatives in Little Village.
"It's mixed emotions for me; I think she is with me," he said.
Karina's Law is part of the Illinois Domestic Violence Act. The new law goes into effect in 90 days.
"I know it's going to help a lot of victims, a lot of families to never have to experience what Manny and I had to go through. I also wish it wasn't them; I wish they were here," cousin Monica Alvarez said.
Capitol News Illinois contributed to this report.
