SPRINGFIELD, Ill. (WMBD) — The Illinois State Police has filed an emergency rule change to the Illinois Secretary of State’s Office, broadening the use of Clear and Present Danger reports that can bar applicants from receiving a Firearm Owners Identification (FOID) card or revoke a current FOID card.
This rule change comes under the direction of Gov. JB Pritzker, and would allow for use and maintenance of past Clear and Present Danger reports even if the subject was not currently seeking or holding a FOID cart at the time the report was filed.
Clear and Present Danger reports are made by doctors, psychologists, school administrators, and law enforcement who are concerned about the subject obtaining and using a firearm. These reports are one of many factors that can result in denial or revocation of a FOID card, along with criminal records, mental health history, and Firearm Restraining Orders.
Before this filed emergency rule change, a Clear and Present Danger report was required to be “impending”, “imminent”, “substantial” or “significant” in order for the subject to be denied a FOID card.
“For the sake of public safety, any FOID applicant with prior clear and present danger information needs to have that considered when having their application processed,” said Gov. Pritzker. “These changes will immediately allow ISP to see a fuller picture of an applicant’s history and keep the people of Illinois safe from those who should not be in possession of firearms.”
Under this order, the ISP will be allowed to consider a a broader range of information by simply applying the statutory definition of Clear and Present Danger.
“These modifications to administrative law will immediately give the ISP the legal authority to consider more evidence when determining whether to issue or revoke a FOID card and will strengthen the ISP’s ability to keep firearms out of the hands of dangerous individuals,” said Illinois State Police Director Brendan Kelly.
This emergency rule change is being submitted to the Secretary of State for consideration by the Joint Committee on Administrative Rules (JCAR) in order to be adopted permanently.
In the meantime, the emergency rule change goes into effect within 10 days of filing and will remain in effect for up to 150 days.