(WSIL) --聽Illinois State Police聽submitted an emergency rule change to the Illinois Secretary of State鈥檚 Office implementing broader use of clear and present danger reports. Those reports can bar applicants from receiving a Firearm Owners Identification (FOID) card聽or revoke a current FOID card.聽
The rule change allows for the use and maintenance of historic clear and present danger information, even if the subject was not actively seeking or holding a FOID card at the time the report was made. It also allows the reports to be used in possible future evaluations.
Clear and present danger reports are made by physicians, clinical psychologists, qualified examiners, school administrators, and law enforcement.聽
The former administrative rule required a Clear and Present Danger to be 鈥渋mpending鈥�, 鈥渋mminent鈥�, 鈥渟ubstantial鈥� or 鈥渟ignificant.鈥澛犅燙lear and Present Danger under state law however is more broadly defined requiring 鈥減hysical or verbal behavior, such as violent, suicidal, or assaultive threats, actions, or other behavior鈥︹�
This emergency rule will now allow ISP to consider a broader range of information. The emergency rules also clarify ISP's authority to use and retain Clear and Present Danger reports to the state and federal law.聽
Emergency rules go into effect within ten days of filing but remain in effect for no more than 150 days. The Illinois State Police plans to submit these changes under the JCAR proposed rule process as well, with the intention of making these amendments permanent.聽
鈥淔or 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,鈥澛�said Governor JB Pritzker.聽鈥淭hese changes will immediately allow ISP to see a fuller picture of an applicant鈥檚 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.鈥澛�
