ISP files emergency rule change to broaden use of Clear and Present Danger reports in FOID card applications

SPRINGFIELD, Ill. (KFVS) - Illinois State Police (ISP) have submitted an emergency rule change to the Illinois Secretary of State’s Office to broaden the use of Clear and Present Danger. The new rule can ban applicants from receiving a Firearm Owners Identification (FOID) card or have a current FOID card revoked.

According to the office of Governor JB Pritzker, the rule change will allow ISP to use and keep a record of Clear and Present Danger information even if the person is not seeking to or currently holds a FOID card when a Clear and Present Danger report is made. The rule change also allows for use of these reports in possible future evaluations.

Clear and Present Danger reports are made by physicians, clinical psychologists, qualified examiners, school administrators and law enforcement. The reports are then submitted to ISP within 24 to 72 hours of an incident, claiming a person is a danger to themselves or others.

The new rule clarifies wording from “impending”, “imminent”, “substantial” or “significant” to a more broadly definition of “physical or verbal behavior, such as violent, suicidal, or assaultive threats, actions, or other behavior…”

“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.

The emergency rule goes into effect within ten days of filing, but can not be in effect no more than 150 days.

ISP plans to submit the rule changes through the Joint Committee on Administrative Rules (JCAR) process and plans to have the changes made permanent.

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