CHICAGO-
Days after a rooftop gunman killed seven people in a parade, attention turned to how the shooter obtained multiple weapons and whether the laws on the books in Illinois could have prevented the Independence Day massacre.
Illinois gun laws are generally praised by gun control advocates as stricter than most states. But they did not stop Robert E. Crimo III from carrying out the attack in the Chicago suburb of Highland Park.
One focus is on the state’s so-called red flag law, which is intended to temporarily take guns away from people with potentially violent behavior. Nineteen states and the District of Columbia have such laws.
Here’s a look at Illinois’ red flag and gun licensing laws, and whether they might have applied to Crimo:
WHAT IS THE ILLINOIS RED FLAG LAW?
The law, which took effect Jan. 1, 2019, authorizes judges to order the temporary removal of firearms from people a judge deems a danger to themselves or others, according to an explanation of the law from the Illinois Criminal Justice Information Authority, a state agency.
The court order, called a firearms restraining order, also prohibits them from buying guns.
The law is separate from domestic violence restraining orders and laws that require professionals, such as teachers, to report certain behavior.
The Illinois red flag law, like many states, is a civil matter. It is meant to be invoked within hours or days after someone makes threats or displays threatening behavior. It is not intended to be invoked as a result of a clear crime.
HAS CRIMO EVER EXHIBITED THE KIND OF BEHAVIOR THAT SHOULD TRIGGER THE LAW?
Looks like he did. But it’s unclear who knew about it and when, and whether law enforcement agencies took the behavior seriously enough.
Less than three years ago, police went to Crimo’s home following a call from a family member who said he was threatening to “kill everyone” there, according to Christopher Covelli, spokesman for the Major Crime Task Force. of Lake County.
Police seized 16 knives, a dagger and a sword, but said there was no sign he had any weapons at the time, in September 2019. Previously, in April 2019, police also responded to a suicide attempt reported by Crimo. Covelli said.
DOES THAT MEAN CRIMO BOUGHT THE GUN LEGALLY?
Yes. He legally purchased the Smith and Wesson M&P 15 semi-automatic rifle in Illinois last year.
The Illinois State Police, which issues gun owners’ licenses, said in a statement that Crimo, then 19, applied for a license in December 2019. Applicants under the age of 21 require a parent or legal guardian. sponsor the application. His father sponsored hers.
Sponsors must sign an affidavit stating that the sponsor “will be responsible for any damages resulting from the minor applicant’s use of firearms or firearm ammunition.” The affidavit does not include details about liability if the sponsor’s child uses a weapon to commit a crime. It’s also unclear if that responsibility extends beyond when the boy turns 21, as Crimo did a year before the shooting.
State Police Director Brendan Kelly told reporters Wednesday that the father faces possible civil liability and that an investigation into criminal guilt is ongoing. He said the matter will ultimately be decided in court.
An attorney for the Crimo family, Steve Greenberg, told the Chicago Tribune that the father was not aware of the threats when he helped his son with the application because his son was living with another relative at the time.
Asked if the suspect’s parents could face any charges as a result of what their son did, Greenberg told The Associated Press that “there is no possibility that they will be charged with any crime.” And he added: “They did nothing wrong.”
DID HIGHLAND PARK POLICE PASS INFORMATION ABOUT THE THREATS TO STATE POLICE?
They did it. State police confirmed they received a warning from Highland Park police months before Crimo applied for his license. It’s unclear whether the state agency reviewed Highland Park’s report before granting the license.
A state police statement said only that there was “no sufficient basis to establish a clear and present danger” to deny the request.
Under Illinois law, if Crimo had had a felony conviction or been committed for serious mental health issues, he likely would not have been licensed. He had no such record.
IS THE LAW FREQUENTLY VIOLATED?
Seems to be used infrequently, though related records are sometimes sealed, making it hard to get a full picture. Illinois legislation in 2021 included provisions to increase awareness of the state’s red flag laws and how to use them.
The Illinois Criminal Justice Information Authority cites tracking by an advocacy group, Speak for Safety Illinois, which reports that 34 firearms restraining orders were filed in 2019 and 19 in 2020. Most were granted.
A suburban Chicago county, DuPage County, accounted for 12 of the filings each year, he said. And no other county, including Lake County, which includes Highland Park, had more than two in those years.
The vast majority of filings were made by law enforcement, with family members accounting for just five filings in 2019.
WHO CAN PLACE AN ORDER AND HOW IS A DECISION MADE?
A relative, roommate, or law enforcement officer can make the request by filing an application with a local circuit court. In some cases, others may seek to start the process by contacting the police.
Red flag laws in some states allow doctors, teachers and colleagues to submit applications, while others limit submissions to law enforcement only.
In Illinois, the burden of proving to a judge that someone is a significant threat falls on those who file the petition. They may draw on multiple sources, including witness statements about violent behavior, drug abuse, police records, or any threatening social media posts or emails.
If a judge sides with the petitioner, the court issues a firearms restraining order, which allows law enforcement to immediately seize any weapons from the person deemed a threat and prevents them from purchasing weapons and ammunition.
If they have it, they must also submit the owner’s certificate of their firearm.
WHAT HAPPENS AFTER I PLACE AN ORDER?
An emergency order can be issued the same day and remains in effect for up to 14 days. The judge can rule on it without the presence of the subject of the request.
If the emergency order is issued, it is followed by a full hearing after which a judge will decide if an order longer than six months is warranted. The standard of proof is higher in such a hearing. The subjects of a hearing can argue before a judge why an order is not required.
If the six-month order is issued, it cannot be easily extended. If the person who filed the initial request believes that the object of the order still represents a danger, another hearing must be held with the same levels of proof.
DO RED FLAG LAWS PREVENT VIOLENCE?
According to the Illinois Criminal Justice Information Authority, there is clear evidence that firearms restraining orders help prevent some suicides. It is less clear that they prevent deadly acts of gun violence, such as mass shootings. The agency says the causes of such attacks are often too complex to draw clear links.