SPRINGFIELD, Ill. (WEHT) – The Illinois Secretary of State’s Office received an emergency rule change submitted from the Illinois State Police (ISP), directed by Governor Pritzker. The rule change will implement broader use of Clear and Present Danger reports which can bar or revoke a resident’s Firearm Owner’s Identification (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 Governor JB 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. I want to thank the members of the Joint Committee and Director Kelly for taking up this important issue and protecting Illinoisans.”
This change will allow for the use and maintenance of historic clear and present danger information regardless of FOID status for future possible evaluations. In the past former rules required the Clear and Present Danger report to be either, impending, imminent, substantial or significant. The rules that have been in place since 2013, have complicated and limited the ability of the ISP to consider the Clear and Present Danger reports over time.
Under state laws, the Clear and Present Danger is defined as, “physical or verbal behavior, such as violent suicidal or assaultive threats, actions of other behavior.” The reports can be made by: physicians, clinical psychologists, qualified examiners, school administrators and law enforcement. However, the law is distinctly different from the Firearms Restraining Order, which is a court-ordered restriction on firearms possession.
Factors that are important to ISP, other than a Clear and Present Danger report are, criminal records, mental health prohibitors and other orders of protections. These factors could all also lead to a revoked or denied FOID card.
With this change, ISP’s authority to use and retain these reports is clarified and they have access to broader information to consider. Emergency rule changes typically are considered when an agency determines a threat to public interest, safety or welfare in which rules are needed to be adopted in a shorter time period.
The rules go into effect within ten days of filing but remain in effect typically for no longer than 150 days. The ISP submitted these rules with the intention of making them permanent.
“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 change takes place about two weeks after the Highland Park deadly parade shooting on July 4 that left 6 dead and many more injured.