Go to main navigation
5016 Fairview Ave., Downers Grove, Illinois 60515
Call Now for Free Consultation 630-550-5242 630-550-5242

Red Flag Flies in Gun Law Challenge

A law that allows the state of Illinois to confiscate the firearms of licensed gun owners remains in place after a judge in federal court dismissed a challenge to the statute on Constitutional grounds. DeKalb county resident Charles Gudbrandsen sought to have the so-called Red Flag law that lets cops and others petition courts for emergency restraining orders against those they perceive as presenting an ‘imminent danger‘ overturned. He cited the Second Amendment right to bear arms in claiming that the law that went into effect in January and a caveat that requires local law enforcement in the state to abide by orders issued in other jurisdictions jeopardized his position as a US Army officer.

Initially made against the state of Illinois, the the Sycamore man amended the suit to include city government and the county sheriff when the state claimed Sovereign Immunity. However, US District Court Judge William Kennelly rejected Gudbrandsen’s argument, saying  the suit had no standing because no order had been applied on him nor was there a ‘credible threat‘ that one might be. Red Flag laws have been enacted in a number of states. Critics claim they lead to increases in violent crime.