Current through Register Vol. 48, No. 52, December 27, 2024
a) Any person wishing to file a request for
relief after a FOID Application denial or FOID Card suspension, revocation or
seizure, or who is prohibited from possessing a firearm under Section 24-1.1 or
24-3.1 of the Criminal Code of 2012 [720 ILCS 5 ],
must complete their petition for review no later than 90 days after the notice
of FOID Card denial or FOID Card revocation was sent and must first submit a
Request for Relief and Reinstatement of Firearms Rights form to the Board,
which is available on the Board's website. The following additional
requirements apply depending upon the type of request for relief filed:
1) Law Enforcement Officers; Expedited Relief
Pursuant to Section 10(c-5) of the Act
A) Law
enforcement officers (officers) requesting expedited relief from the Department
shall submit an Affidavit for Law Enforcement Expedited Relief, which is
available on the Board's website at
https://isp.illinois.gov/FOIDCardReviewBoard/FormsAndChecklists,
to begin the relief process. The officer must use the affidavit to certify the
requirements of Section 10(c-5) of the Act are met for expedited
relief.
B) Pursuant to Section
10(c-5) of the Act, officers requesting expedited relief under subsection
(a)(1)(B) must provide the Board with the following documentation:
i) all information set forth on the Law
Enforcement Expedited Requirements Checklist. That checklist is available on
the Board's website at
https://isp.illlinois.gov/FoidCardReviewBoard/FormsAndChecklists and shall
include, but is not limited to:
* a personal statement;
* an affidavit certifying the officer meets the requirements
of Section 10(c-5) of the Act;
* psychiatric and counseling records;
* a current forensic evaluation including an assessment of
potential risk for future violence;
* a psychological fitness for duty;
* certified copies of relevant court records;
* at least two character references; and
* a firearm requirement for employment certification that is
available on the Department's website at
https://isp.illinois.gov/FirearmsSafety/Forms; and
ii) any other reasonable documentation
requested by the Board related to the determination for granting
relief.
C) If the
officer establishes, by a preponderance of the evidence, that the officer will
not be likely to act in a manner dangerous to public safety and that granting
relief would not be contrary to the public interest, the Board shall grant
relief (see Section 10(c-5) of the Act) from the firearms prohibitor.
2) Commitment to a Mental Health
Facility and Clear and Present Danger Incidents Within The Past Five Years;
Relief Pursuant to Section 10(f) of the Act
A)
An individual whose application for a FOID Card is denied or whose FOID Card is
revoked or seized due to a commitment to a mental health facility within the
preceding five years or being reported as a clear and present danger when the
incident giving rise to the report occurred within the preceding five years,
may petition the Board for relief.
B) Petitioners requesting relief from the
Board under subsection (a)(2)(A) must provide the Board with the following
documentation:
i) All information set forth on
the Mental Health Admission or Clear and Present Danger Less Than 5 Year
Prohibitor Requirements Checklist. That checklist is available on the Board's
website at
https://isp.illinois.gov/FoidCardReviewBoard/FormsAndChecklists
and shall include, but is not limited to:
* a personal statement;
* psychiatric and counseling records;
* a current forensic evaluation including an assessment of
potential risk for future violence;
* certified copies of relevant court records;
* at least two character references; and
* a firearm requirement for employment certification, where
applicable; and
ii) any
other reasonable documentation requested by the Board related to the
determination for granting relief.
C) If the petitioner establishes, by a
preponderance of the evidence, that the petitioner will not be likely to act in
a manner dangerous to public safety and that granting relief would not be
contrary to the public interest, then the Board shall grant relief from the
relevant firearms prohibitor. (See Section 10(f) of the Act).
3) Felony Convictions; Relief
Pursuant to Section 10(a) or 10(c) of the Act
A) An individual whose application for a FOID
Card is denied or whose FOID Card is revoked because of a felony conviction may
petition the Board for relief unless the appeal must be directed to the circuit
court in the county of the individual's residence pursuant to Section 10(a) of
the Act.
B) Petitioners requesting
relief from the Board under subsection (a)(4)(A) must provide the Board with
the following documentation:
i) All
information set forth on the Felony Prohibitor Requirements Checklist. That
checklist is available on the Board's website at
https://isp.illinois.gov/FoidCardReviewBoard/FormsAndChecklists
and shall include, but is not limited to:
* a personal statement;
* psychiatric and counseling records, where
applicable;
* certified copies of relevant court records, where
applicable; and
* at least two character references; and
The checklist is available on the Board's website at
https://isp.illinois.gov/FoidCardReviewBoard/FormsAndChecklists;
and
ii) any other reasonable
documentation requested by the Board related to the determination for granting
relief.
C) If the
petitioner establishes to the Board's satisfaction that the petitioner meets
the standard set forth in Section 10(c) of the Act, the Board shall grant
relief from the relevant firearms prohibitor.
4) Developmental or Intellectual
Disabilities; Relief Pursuant to Section 10(c-10) of the Act
A) An individual, whose application for a
FOID Card is denied or whose FOID Card is revoked or seized based upon a
determination of a developmental disability or an intellectual disability, may
petition the Board for relief.
B)
Petitioners requesting relief from the Board under subsection (a)(4)(A) must
provide the Board with the following documentation:
i) All information set forth on the
Developmental or Intellectual Disabilities Prohibitor Requirements Checklist.
That checklist is available on the Board's website at
https://isp.illinois.gov/FoidCardReviewBoard/FormsAndChecklist and shall
include, but is not limited to:
* a current certification for firearm possession;
* psychiatric and counseling records, where
applicable;
* certified copies of relevant court records, where
applicable; and
* at least two character references; and
ii) any other reasonable documentation
requested by the Board related to the determination for granting
relief.
C) If a
physician, clinical psychologist, or qualified examiner certifies that the
disability is mild, and that granting relief would not be contrary to the
public interest or federal law, then the Board or its designee may grant relief
from the relevant firearms prohibitor. (See Section 10(c-10) of the
Act).
5) Battery,
Assault, Aggravated Assault, or Violations of an Order of Protection, In Which
a Firearm Was Used or Possessed; Relief Pursuant to Section 10(a) or 10(c) of
the Act
A) An individual whose application for
a FOID Card is denied or whose FOID Card is revoked because of a misdemeanor
conviction in which a firearm was used or possessed within the preceding five
years as set forth in Section 8(k) of the Act, may petition the Board for
relief.
B) Petitioners requesting
relief from the Board under subsection (a)(5)(A) must provide the Board with
the following documentation:
i) All
information set forth on the Misdemeanor Prohibitor Requirements Checklist.
That checklist is available on the Board's website at
https://isp.illinois.gov/FoidCardReviewBoard/FormsAndChecklists
and shall include, but not limited to:
* a personal statement;
* psychiatric and counseling records, where
applicable;
* certified copies of relevant court records, where
applicable; and
* at least two character references; and
ii) any other reasonable documentation
requested by the Board related to the determination for granting
relief.
C) If the
petitioner establishes to the Board's satisfaction that the petitioner meets
the standard set forth in Section 10(c) of the Act, the Board shall grant
relief from the relevant firearms prohibitor.
b) A petitioner whose FOID Card was revoked
or seized must comply with Section
9.5 of the Act prior to
initiating a request for relief with the Board.
c) The request for relief process will not
begin until the Board receives all the documentation required in subsection
(a).
1) If a petitioner fails to provide all
required documentation no later than 90 days after the notice of FOID Card
denial or FOID Card revocation was sent, the request for relief will be
dismissed and the case will be closed. Notwithstanding subsection (a), the
Board may grant an additional time to any petitioner who submits proof of
hospitalization, incarceration, or other extenuating circumstances that prevent
compliance with the 90-day requirement.
2) Notwithstanding Section
3500.320(f), a
petitioner dismissed pursuant to this subsection (c) may submit a new
application for a FOID Card with the Department.
d) Materials required by this Section must be
submitted to the Board via email to ISP.FCRB.ReliefRequest@illinois.gov
1) Paper copies will only be accepted from
petitioners with appropriate proof that the petitioner is unable to access the
internet due to religion or a disability. Proof of disability includes, but is
not limited to, documentation from:
A) the
Social Security Administration;
B)
the Illinois Worker's Compensation Commission;
C) the U.S. Department of Defense;
D) an insurer authorized to transact business
in Illinois who is providing disability insurance coverage; or
E) a physician or heath care provider
licensed in this State and is in the position to know the petitioner's medical
condition.
2) The Board
may be reached at (217) 524-1762 for further direction, or assistance
submitting documents via paper copy to the Board.
