TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER II: DEPARTMENT OF STATE POLICE
PART 1230 FIREARM OWNER'S IDENTIFICATION CARD ACT
SECTION 1230.120 CLEAR AND PRESENT DANGER REPORTING


 

Section 1230.120  Clear and Present Danger Reporting

 

a)         Physicians, clinical psychologists and qualified examiners shall report determinations of a clear and present danger to the Department by making notification to the Department of Human Services in the form and manner prescribed at Section 6-103.3 of the Mental Health and Developmental Disabilities Code [405 ILCS 5].

 

b)         Law enforcement officials and school administrators shall report determinations of a clear and present danger directly to the Department.  The Department shall make a form and instruction for the reporting available to law enforcement officials and school administrators on its website.

 

1)         Clear and present danger reporting shall be used by the Department to identify persons who pose an actual, impending, or imminent threat of substantial bodily harm to themselves or another person that is articulable and significant or who will be likely to act in a manner dangerous to public safety or contrary to the public interest if they were granted access to a weapon.

 

2)         Clear and present danger reporting shall be made consistent with the Family Educational Rights and Privacy Act (20 USC 1232g) to assist the Department with protecting the health and safety of the public by denying persons who present a clear and present danger from having lawful access to weapons.

 

c)         The Department shall make the final determination regarding whether a clear and present danger exists for purposes of revoking a FOID Card pursuant to Section 8(f) of the Act.

 

d)         The Department shall maintain a record of those persons who are determined to present a clear and present danger for the purpose of denying or revoking a FOID Card pursuant to Section 8(f) of the Act but shall not maintain a record of those persons who are not determined to present a clear and present danger for these purposes.

 

(Source:  Added at 38 Ill. Reg. 2301, effective December 31, 2013)