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Illinois State Police Continue to Increase Firearm Safety Efforts – The Southland Journal < Illinois

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The Illinois State Police continues to increase firearm safety efforts (Springfield, IL) – The Illinois State Police (ISP) is enhancing public safety by providing updates and clarity for two firearm possession tools aimed at keeping firearms out of the hands of individuals who pose a significant threat to themselves represent themselves or others.

Today, ISP adopted Joint Committee on Administrative Rules (JCAR) approved updates to the administrative rule governing the reporting of clear and present hazards under the Firearm Owners Identification Card (FOID) Act. The updated rule, which allows for broader use of clear and present threat messages, was proposed following the July 4, 2022 Highland Park shooting. Clear and Present Danger Reporting is a mechanism that allows the ISP to revoke or deny a FOID for an individual who poses a serious threat.

“When deciding whether to issue or revoke a FOID card, it is imperative that the ISP have as much information and evidence as possible,” said ISP Director Brendan F. Kelly. “Updates to this administrative regulation will strengthen the ISP’s ability to keep firearms away from dangerous individuals.”

Prior to the July 2022 submission of the Clear and Present Danger emergency, administrative regulations required that a subject’s clear and present danger had to be “imminent” or “imminent.” The legal definition in the FOID Act defines a definite and present hazard more generally as simply requiring “physical or verbal conduct, such as violent, suicidal, or physical threats, actions, or other conduct.” The changes to the approved rule make the definition of “clear and present hazard” more consistent with what is written in the FOID Act and not constrained by the immediacy of a situation. The broader definition can better inform current or future decisions to revoke or deny FOID cards due to public safety risks.

The rule states that reports of definite and present danger submitted to the ISP by a certified physician, school administrator or law enforcement agency that do not meet the definition of definite and present danger under the FOID Act are retained for five years , similar to other mental health reports submitted by mental health practitioners and institutions. The rule change also allows the ISP to maintain and use a Clear and Present Danger Report in cases where the individual did not have a FOID card or was not actively searching for a card at the time the Clear and Present Danger Report was submitted. The rule will be included in the forthcoming Illinois registry.

Another tool used to increase public safety is the Firearms Restraint Order (FRO), which allows law enforcement officials and family or household members to obtain a court order to have a person found to be causing harm to themselves or others temporarily preventing them from securing or maintaining access to firearms, ammunition or firearm parts while respecting the individual’s constitutional rights and providing a judicial process to challenge the order.

The Commission on Implementing the Firearms Restraining Order Act (Commission) recently approved a model policy to provide a general framework that law enforcement can follow to issue a Firearms Restraining Order (FRO). achieve and enforce.

“It is important that law enforcement agencies know how to safely and legally enforce a firearms restraining order,” Director Kelly said. “The model policy created by the Commission provides procedures to enable law enforcement to comply with all firearms laws while respecting individuals’ constitutional rights and right to due process.”

The policy addresses, inter alia, law enforcement procedures in the following areas:

– Applying for an FRO (either emergency or six months)

– Service of a court-issued FRO

– Seizure of firearms, ammunition and firearm parts handed over by FRO subjects

– Execution of an FRO search warrant

– Return of firearms, ammunition or firearm parts

– Participation in court hearings

– Education

Each Illinois law enforcement agency may make minor changes to the model policy, but must adopt a policy consistent with the model.

The commission was created by Public Act 102-0345 and appointed on June 8, 2022 to develop the model policy in consultation with the counties of Illinois and other states with similar laws that have been successfully implemented. The Commission is chaired by ISP Director Kelly and includes the following members:

– Gregory E. Ahern, Jr. – Judge, Circuit Court of Cook County

– Lance Camp – Henry County Public Defender

– Cordelia Coppleson – Assistant Attorney General, Illinois Attorney General’s Office

– Kevin Doyle – Sheriff, Putnam County Sheriff’s Office

– J. Hanley – Winnebago County Attorney

– Jodi Hoos – Peoria County Attorney

– Russ Idle – Chief, Galesburg Police Department

– Ana Lalley – Chief of the Elgin Police Department

– Mike Magno – Lieutenant, Chicago Police Department

– Jennifer Martin – Prevention of Violence and Injury, Illinois Department of Health

– Jamie Mosser – Kane County Attorney

– Darren Popkin – Sheriff, Montgomery County, Maryland, Law Enforcement Expert

– Eric Rinehart – Lake County Attorney

– Cheryllynn Williams – Associate Director, Illinois Law Enforcement Standards Training Board

– Dan Wright – Sangamon County Attorney

– Kimberly Wyatt – Assistant Attorney, King County Attorney’s Office, Commissioner of the National District Attorneys Association

The Illinois State Police continues to increase firearm safety efforts

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Monica Gordon for Cook County Commissioner

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