Ill. Admin. Code tit. 20 § 3500.200

Current through Register Vol. 49, No. 2, January 10, 2025

Section 3500.200 - Requests for Relief within the Jurisdiction of the Board

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.

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.

Ill. Admin. Code tit. 20, § 3500.200

Recodified from 20 Ill. Adm. Code 1230.75 pursuant to P.A. 102-237, at 47 Ill. Reg. 2475

Emergency amendment at 47 Ill. Reg. 6196, effective 4/17/2023, for a maximum of 150 days

Amended at 47 Ill. Reg. 13469, effective 9/8/2023