Emergency rules change process for reporting ‘clear and present danger’ following Highland Park shooting

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ILLINOIS (WCIA) – Illinois State Police on Monday filed emergency rules to expand the wording of a law that allows it to revoke the Firearms Owners Identification Card (FOID ) of a person or to refuse his request if it is determined that he presents a clear and present danger.

The amendment was submitted to the office of the Illinois Secretary of State “in response to a limitation and public safety concern regarding the administration of clear and current hazard reports.”

The action comes exactly two weeks after a mass shooting in Highland Park, Illinois that left seven people dead and dozens injured. Highland Park Police made a clear and current danger report to the ISP in September 2019 after responding to the alleged shooter’s home for a report that he was threatening to “kill everyone” in the house. A few months later, Robert Crimo III successfully applied for a FOID card and subsequently purchased several firearms, including an assault rifle.

Clear and Present Danger Reporting is a process used by local law enforcement, school officials, clinicians, and “other qualified reviewers” to alert state police to anyone who may be a “threat of serious bodily harm to herself or another person” if granted access. to a gun.

State police then make the final determination if there is a clear and present danger for the purposes of revoking or denying a FOID card.

The rule, before Monday, required state police to prove that a clear and present danger was “a real, imminent or impending threat.” The new emergency rule instead uses a definition in state law that would require the demonstration of “physical or verbal behavior, such as violent, suicidal or aggressive threats, actions or other behavior.”

Kathleen Sances, chair of the Illinois Gun Violence Prevention Political Action Committee (G-PAC), said the rule change likely wouldn’t have halted Crimo III’s FOID card application, ” Because as I understand his family withdrew the complaint that’s why when it ended up at the Illinois State Police And then when the contact was taken with the family, and the family removed it, it was not taken into account.

ISP said last week that the evidence related to this 2019 interaction was “insufficient” to make a clear and current determination of danger at the time.

Journalists said on Monday: “Based on the new expanded definition of clear and present danger, would this call likely still have resulted in an ‘insufficient’ determination on the part of the ISP?”

The state police responded: “Based on the information contained in the Clear and Present Danger report submitted by Highland Park alone, there has been no corroboration of the alleged second-hand reported conduct in 2019 to support the revocation or denial of FOID, and there there was no FOID card or FOID request, or presence of firearms. . However, if the report had been available by the later date of the FOID request, and if the ISP agent could have considered conduct that was not “imminent” or “imminent”, further investigation and assessment would have could be possible. What this new administrative rule does is allow the ISP to maintain and use clear and current hazard reports for possible future assessment of a wider range of behaviors.

Sances applauded the rule’s filing on Monday, pointing to the definition changes.

The rules also require the maintenance of clear and current danger information and records “even if the subject was not actively seeking or holding a FOID card at the time a clear and present danger report was made and allows the use of these reports in possible future evaluations.

The changes took effect immediately but require final approval from JCAR to be made permanent. State police said they plan to submit the changes through the proposed legislative process.

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