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ISP files rule change to broad ‘clear and present danger’ for FOID applications

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The Illinois State Capitol in Springfield. Photo by Tom Wray

The Illinois State Police (ISP) on Monday filed for an emergency rule change to broaden the definition of “clear and present danger” on FOID card applications.

The filing comes in the wake of the July 4 parade shooting in Highland Park.

According to a press release from the Illinois Governor’s office, 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 and allows for them to be used in possible future evaluations.

Previously, the ISP could only consider a clear and present danger to be  “impending”, “imminent”, “substantial” or “significant.”

“For 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,” said Illinois Gov. JB Pritzker (D). “These changes will immediately allow ISP to see a fuller picture of an applicant’s 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.”

“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 ISP Director Brendan Kelly.

Emergency rules go into effect within ten days of filing but remain in effect for no more than 150 days, the age3ncy said. The ISP plans to submit these changes under the JCAR proposed rule process as well, with the intention of making these amendments permanent.

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