Illinois Senate Democrats

06/04/2025 | News release | Distributed by Public on 06/04/2025 09:11

Morrison strengthens due process for FOID card holders

SPRINGFIELD - In an effort to strengthen public safety while improving the state's appeals process for FOID card decisions, State Senator Julie Morrison advanced legislation that would create a more transparent and efficient pathway for individuals whose FOID cards are revoked or denied.

House Bill 850 would establish an expedited review process for individuals who believe they have been wrongly deemed a "clear and present danger," allowing them to more quickly resolve their case through the existing Firearm Owner's Identification Card Review Board.

"We can keep firearms out of the hands of dangerous individuals while ensuring everyone has the opportunity to a fair and timely review process if they believe their determination is inaccurate," said Morrison (D-Lake Forest). "This bill offers a more effective appeals process and helps improve confidence in the accuracy of determinations."

Under current law, individuals can lose their Firearm Owner's Identification Card if they are reported to the Illinois State Police as a danger to themselves or others by medical professionals, school officials or law enforcement. These reports can be based on threats of violence, serious mental health concerns or demonstrating suicidal or violent behavior. While there is a process in place to appeal a FOID card denial or revocation, the person is often unable to effectively challenge the decision because information about the original report - such as who filed it and what was said - is not disclosed.

House Bill 850, an initiative of the Illinois State Police and Attorney General's Office, would improve this process by allowing the FOID Card Review Board to create an expedited appeals process and share additional information with the individual about their "clear and present danger" determination, allowing them to review the evidence used against them and better respond to the basis of the decision.

In addition to creating a faster path to clearing up misreported determinations, the legislation aims to improve data transparency around untraceable firearms used in crimes by requiring the Illinois State Police to collect and publish data on cases involving guns that are stolen or missing serial numbers.

"When used properly, Clear and Present Danger reporting is an effective tool to protect those at risk from someone who is a threat to themselves or others," said ISP Director Brendan F. Kelly. "In rare instances when a Clear and Present Danger report is not appropriate, we must ensure an expedited process to protect individuals' constitutional rights."

House Bill 850 passed the Senate on Saturday.

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