Illinois State Police update Clear and Present Danger Rules for Firearms Restraining Order

Photo Chicago Police Department

 

SPRINGFIELD – The Illinois State Police is increasing public safety by providing updates to two firearm ownership tools aimed at keeping firearms out of the hands of those who pose a significant threat to themselves or to others. The updated rule, which allows for broader use of Clear and Present Danger reports, was proposed in the wake of the July 4, 2022 shooting in Highland Park. Clear and Present Danger reporting is a mechanism upon which authorities may revoke or deny a FOID for an individual who poses a serious threat. Prior to July, rules required a subject’s clear and present danger had to be “impending,” or “imminent.” The new rule defines Clear and Present Danger as simply requiring “physical or verbal behavior, such as violent, suicidal, or assaultive threats, actions, or other behavior.” Another tool is the Firearms Restraining Order, which allows law enforcement officers and family members to obtain a court order restricting an individual who is at risk of harming themselves or others from access to firearms, while respecting the individual’s constitutional rights and providing a procedure for challenging the Order.

“When determining whether to issue or revoke a FOID card, it is imperative ISP has as much information and evidence as possible,” said ISP Director Brendan F. Kelly. “Updates to this administrative rule will strengthen ISP’s ability to keep firearms out of the hands of dangerous individuals.”