Section 1230.10  Definitions

 

Terms defined in the Firearm Owners Identification Card Act [430 ILCS 65/1.1] have the same meanings when used in this Part. The following additional definitions also apply to this Part, with the exception of Section 1230.75, unless the context clearly requires a different meaning: 

 

"Act" means Firearm Owners Identification Card Act [430 ILCS 65].

 

"Active" means the Firearm Owner's Identification Card is active in the online FOID/CCL system and valid for purposes of acquiring and possessing firearms and firearms ammunition.

 

"Antique firearm" shall have the meaning ascribed to it in 18 U.S.C. 921(a)(16), i.e.:

 

any firearm, including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system, manufactured in or before 1898; or

 

any replica of any firearm described in the previous paragraph if the replica:

 

is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition; or

 

uses rimfire or conventional centerfire fixed ammunition that is no longer manufactured in the United States and that is not readily available in the ordinary channels of commercial trade; or

 

any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol that is designed to use black powder or a black powder substitute and that cannot use fixed ammunition.

 

The term "antique firearm" shall not include any weapon that incorporates a firearm frame or receiver, any firearm that is converted into a muzzle loading weapon, or any muzzle loading weapon that can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock or any combination of these.

 

"Applicant" means a person who has submitted an application for a Firearm Owner's Identification Card.

 

"Criminal Justice System Employee" includes law enforcement officials, courts, State's Attorneys, probation officers, parole officers, and federal law enforcement officials.

 

"Department" means the Illinois State Police.

 

"Designator" means an indication printed on the face of a FOID Card that the card holder has been issued an FCCL.

 

"Director" means the Director of the Illinois State Police or the Director's designee.

 

"FCCL" means Firearm Concealed Carry License pursuant to the Firearm Concealed Carry Act [430 ILCS 66], which may be indicated as a Designator printed on the face of a FOID Card.

 

"Felony Indictment" shall mean an indictment for a crime punishable by imprisonment for a term exceeding one year pursuant to 18 U.S.C. 922(d)(1) and (n).

 

"FOID Card" means the Firearm Owner's Identification Card as defined in Section 6 of the Act, which may include an FCCL Designator printed on the face of the card.

 

"Law enforcement officer" means an employee of a government agency who:

 

is authorized by law to engage in or supervise the prevention, detection, investigation, prosecution or incarceration of any person for any violation of law;

 

has statutory powers of arrest or custodial detention;

 

is authorized by the agency to carry a firearm while on duty;

 

is not the subject of any disciplinary action by the employing agency that could result in termination;

 

meets the standards established by the agency that require the employee to regularly qualify in the use of a firearm; and

 

is not prohibited by federal law from possessing a firearm.

 

"Law enforcement official", for purposes of clear and present danger reporting, means any peace officer, warden, superintendent or keeper of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of a criminal offense, and employees of police laboratories having a department or section of forensic firearm identification.

 

"Online FOID/FCCL System" means the Department's applicant and person-to-person portal which allows a person to apply for a FOID Card or FCCL and access their FOID Card/FCCL dashboard, as well as determine whether the applicant's FOID or another person's FOID Card is valid and active where permitted by law.

 

"Out-of-state resident" means a person who does not qualify for an Illinois driver's license or an Illinois State identification card due to his or her establishment of a primary domicile in another state.

 

"Protective order" means any orders of protection issued under the Illinois Domestic Violence Act of 1986 [750 ILCS 60], stalking no contact orders issued under the Stalking No Contact Order Act [740 ILCS 21], civil no contact orders issued under the Civil No Contact Order Act [740 ILCS 22], and firearms restraining orders issued under the Firearms Restraining Order Act [430 ILCS 67].

 

"Purchaser" means any person who is buying or receiving firearms or firearms ammunition as part of a sale or transfer.

 

"Seller" means any person who is selling or transferring firearms or firearms ammunition as part of a sale or transfer.

 

"Transfer" means the permanent relinquishment of ownership of a firearm to another person regardless of whether consideration or money is received by the seller.

 

"Unlawful Drug Use" shall mean any unlawful use of or addiction to any controlled substance pursuant to 18 U.S.C. 922(d)(3) and (g)(3).

 

"Valid" means current and not suspended, revoked, expired, cancelled, invalidated, denied or disqualified.

 

(Source:  Amended at 47 Ill. Reg. 2431, effective February 3, 2023)

 

Section 1230.15  Definitions for Section 1230.75 (Transferred)

 

(Source:  Transferred to 20 Ill. Adm. 3500.10 at 47 Ill. Reg. 2474)

 

Section 1230.20  Application Procedures

 

a)         Application for a FOID Card shall be made by inputting the information as required by Section 4 of the Act on the Department's website.

 

1)         Assistance with completing the application is available at all customer service kiosks.  The locations of kiosks are available on the Department's website.

 

2)         Paper applications, which may be obtained by contacting the Firearms Services Bureau Call Center, will only be accepted from applicants with appropriate proof they are unable to apply either on the internet or at a customer service kiosk 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 applicant's medical condition.

 

b)         All application forms shall be completed accurately and, in their entirety, accompanied by all fees, and a photograph, and submitted as indicated on the application form.

 

1)         Applicants shall pay the fee required by Section 5 of the Act, in full, when submitting their application or reapplying if the application is denied.

 

2)         All application fees shall be collected using the Illinois State Treasurer's E-Pay program, which is linked to the electronic FOID Card application on the Department's website. A processing fee will be charged in accordance with the Illinois State Treasurer's E-Pay program.

 

3)         Application, renewal and replacement fees are non-refundable.

 

c)         Any application form that is not completed accurately and in its entirety, including all fees and a photograph, and which contains any deficiencies that cannot be cured in an expeditious manner, will be denied or rejected.

 

1)         An application is complete if it contains all of the information and materials required by Section 4 of the Act, as well as the requisite fee and any associated processing fee.

 

2)         If an application is rejected because it is incomplete, the applicant will not be charged an additional fee upon completing the application process.  If an application is rejected and the applicant does not correct deficiencies of which they were notified within 60 days, the application shall be denied.

 

3)         If the application is denied because the applicant has not been found to be qualified under the Act, and then later reapplies, the applicant will be assessed another fee and any associated processing fee. 

 

4)         All applications pending on January 1, 2022, will be processed by the Department without further fee to the applicant if all fees as set forth in subsection (b) of this Section have been previously paid.  However, if an application is incomplete or inaccurate, the applicant will be subject to subsection (c) of this Section.

 

d)         Except as provided in subsection (e), any requirement for an Illinois driver's license number or Illinois identification card number shall mean a valid Illinois driver's license number or valid Illinois identification card number.  A temporary visitor's driver's license (TVDL) will not be accepted.

 

e)         In regard to an applicant who is employed as a law enforcement officer, an armed security officer in Illinois or by the United States military permanently assigned in Illinois and who is not an Illinois resident, any requirement for a driver's license number or State identification card number shall mean the valid driver's license number or valid state identification card number from his or her state of residence.

 

f)         In regard to an applicant who is employed by the United States military permanently assigned in Illinois, the applicant shall also provide valid military identification and assignment orders establishing permanent assignment in Illinois. Only persons with a permanent duty assignment in Illinois qualify for a FOID Card if they are not otherwise an Illinois resident.  Military personnel in Illinois on temporary duty assignment are not eligible and do not need a FOID Card.

 

g)         In regard to an applicant who is applying under a non-immigrant visa exception, the applicant shall provide a letter from his or her foreign government stating the purpose for travel to Illinois and the date the applicant's non-immigrant visa expires.  The applicant shall also explain the need for the FOID Card or submit a waiver from this Part granted by the U.S. Attorney General.  Persons in Illinois on a non-immigrant visa must have permission from their government and the U.S. Attorney General to possess or transport firearms.

 

h)         The Department shall, as part of the application process, ask any questions necessary to determine whether the applicant is qualified to possess or receive a firearm, and deny a FOID application of any applicant who is prohibited by the Act from possessing or receiving a firearm.

 

i)          All FOID Cards issued shall remain the property of the Department.

 

(Source:  Amended at 46 Ill. Reg. 1057, effective December 21, 2021)

 

Section 1230.25  Electronic Communication

 

a)         Upon development of a system that allows for electronic communication, the Department shall allow a person to elect to receive FOID Card related correspondence via email or text message and to opt out of first-class mail communication. 

 

1)         The person will be prompted to indicate how they wish to receive future communications, messages, and alerts using the applicant portal.

 

2)         In order to select email, text messaging, or both, the person must confirm a valid email address and cellular phone number through the applicant portal.

 

b)         The Department will require persons who select to receive FOID related electronic communication to consent to accept service by electronic means of all notices, orders, pleadings, and motions filed in this matter in lieu of service by certified or regular mail.

 

1)         The person will be prompted to accept electronic service using the applicant portal.

 

2)         Service shall be made upon the party's email address provided through the applicant portal. 

 

(Source:  Added at 46 Ill. Reg. 1057, effective December 21, 2021)

 

Section 1230.30  Duration, Renewal, and Expiration of FOID Card

 

a)         Duration.  A FOID Card shall expire 10 years from the date of issuance. 

 

1)         The date the FOID Card becomes active within the Department's online FOID/CCL system is designated as the date of issuance for purposes of this Part.

 

2)         If a person who possesses an FCCL or FOID Card with a Designator becomes subject to suspension or revocation under the Firearm Concealed Carry Act, but is otherwise qualified under this Act, their FOID Card will remain valid for its duration without interruption.

 

b)         Renewal

 

1)         A FOID Card will remain conditionally valid during the processing period provided that a completed renewal application with the required fees, including but not limited to, applicable processing fees, have been submitted to ISP prior to its expiration pursuant to Section 5 of the Act and the FOID Card is not subject to revocation pursuant to Section 8 or 8.2 of the Act.  FOID Card holders eligible for a paper application pursuant to subsection 1230.20(a)(2), may contact the Firearms Services Bureau,

 

2)         Conditional Renewal During a Gubernatorial Disaster Proclamation.  FOID Cards that expire during a Gubernatorial Disaster Proclamation issued pursuant to Section 7 of the Illinois Emergency Management Act [20 ILCS 3305] shall be considered conditionally renewed if: 

 

A)        a completed application for renewal is submitted to the Department pursuant to Section 5 of the Act while a statewide Gubernatorial Disaster Proclamation is in effect; and

 

B)        the FOID Card is not subject to revocation pursuant to the provisions of Section 8 or Section 8.2 of the Act. 

 

C)        Conditionally renewed FOID Cards shall remain valid until a new FOID Card is issued.

 

3)         Any conditionally renewed FOID Card shall be deemed valid for the purposes of possessing, transferring, and purchasing ammunition and firearms, unless the FOID Card is subject to revocation or suspension under Section 8 of this Act. 

 

4)         A FOID Card holder who is approved for a new or renewed FCCL shall have their FOID Card automatically renewed for 10 years from the time of approval of the FCCL.  No additional fee shall be charged for the renewal of the FOID Card. 

 

5)         If the FOID Card of an FCCL holder expires during the term of the FCCL, the FOID Card shall remain valid and the FCCL holder does not have to renew their FOID Card during the term of the FCCL.

 

6)         Effective January 1, 2023, at the time of a Firearm Transfer Inquiry pursuant to Section 3.1 of the Act, a FOID Card holder, who has previously provided a full set of fingerprints to the Department under this Act or the Firearm Concealed Carry Act, shall have their FOID Card remain active and be renewed for a period of 10 years from the date the Firearm Transfer Inquiry was approved so long as the FOID Card holder is not subject to revocation or suspension under the Act.

 

c)         Expiration

 

1)         The status of a FOID Card and FCCL, including but not limited to, the expiration date and whether the FOID Card or FCCL is active will be:

 

A)        maintained by the Department;

 

B)        reflected in the Department's online FOID/FCCL system and any federal online firearms tracking system pursuant to the requirements of Section 3.1 of the Act; and

 

C)        made available electronically to the applicant through the applicant portal; and

 

D)        made available electronically to persons authorized to access such information under either this Act or the Firearm Concealed Carry Act.

 

2)         Persons who surrender their FCCL pursuant to the Firearm Concealed Carry Act but remain qualified for a FOID Card under this Act, shall remain valid in the online FOID/FCCL system until the FOID Card expires or is cancelled, suspended or revoked.

 

(Source:  Amended at 46 Ill. Reg. 1057, effective December 21, 2021)

 

Section 1230.35  Possession and Validity of a FOID Card

 

a)         Possession

 

1)         Possession of either a valid FOID Card, FCCL, or FOID Card with Designator shall satisfy the requirements of Section 2(a) of the Act regarding possession of a FOID Card.

 

2)         A Designator will be added to the FOID Card to distinguish between persons with an active FOID Card only and persons with an active FOID Card and an FCCL.

 

3)         Possession of a valid FOID Card or FOID Card with Designator does not relieve the holder of the responsibility to comply with State and federal law as it pertains to acquiring or possessing firearms or firearms ammunition. 

 

4)         Upon the development of a system under which an electronic version of a FOID card can be displayed on a mobile telephone or other portable electronic device, the possession of such electronic version shall satisfy the requirements of Section 2(a) of the Act regarding possession of a FOID Card so long as the device contains all security features required by the Department to ensure the electronic version is current and accurate.

 

b)         Validity.  Prior to the sale or transfer of any firearms or firearms ammunition, if the FOID Card has no expiration date on its face or the FOID Card is expired, the validity of the purchaser's FOID Card under this Act must be checked on the Department's online FOID/FCCL system except as provided in subsection (b)(7) below. 

 

1)         Federally-licensed firearm dealers transferring a firearm are exempt from this requirement but must comply with the provisions set forth in Part 1235, Firearm Transfer Inquiry Program, of this Title. 

 

2)         These inquiry requirements apply equally to transfers involving new, used, and trade-in firearms.

 

3)         Inquiries made to the Department's online FOID/FCCL system do not exempt or otherwise relieve the person making such inquiry from compliance with any other State or federal laws or local ordinances.

 

4)         The seller will perform the inquiry by following the step-by-step instructions provided through the Department's online FOID/FCCL system.

 

5)         The Department shall determine the validity of the purchaser's FOID Card and provide a transaction approval number if the FOID Card is active. 

 

A)        The seller shall not complete the sale or otherwise transfer the firearm until a transaction approval number is provided by the Department.

 

B)        The seller must complete the transfer of all firearms within 30 days after the transaction approval number has been provided by the Department.

 

C)        If the purchaser's FOID Card is not active, the Department shall advise the seller.

 

6)         The purchaser and seller are required to comply with the requirements of Section 3b of the Act [430 ILCS 65/3(b)].

 

A)        Purchasers and/or sellers who elect to provide the Department with a record of the transfer, shall do so by completing the form available on the Department's website for this purpose.

 

B)        Completed transfer record forms will be attached to the purchaser's account within the Department's online FOID/FCCL system and retained for a period of not less than 20 years.

 

7)         If the FOID Card has an expiration date printed on its face and the card has not yet expired, the card shall be considered active for purposes of sale or transfer of firearms ammunition only and need not be checked in the Department's online FOID/FCCL system.  All FOID Cards must be checked in the Department's online FOID/FCCL system for the sale or transfer of firearms as provided in this subsection (b).

 

(Source:  Added at 46 Ill. Reg. 1057, effective December 21, 2021)

 

Section 1230.40  Sponsorship of a Minor

 

a)         Except as provided by Section 65/4(a)(2)(i-5) of the Act, applicants for a FOID Card under the age of 21 shall have the written consent of the applicant's parent or legal guardian to possess and acquire firearms and firearm ammunition, prior to issuance of a FOID Card.  If the consent is given by a legal guardian, a certified copy of the guardianship court order must be submitted with the application.  The parent or legal guardian providing consent shall file an affidavit with the Department, as prescribed by the Department (using the form available on the Department's website), stating that the parent/guardian is not prohibited from having a FOID Card under the Act.

 

b)         No applicant under age 21 will be granted a FOID Card if the applicant is prohibited from having a FOID Card under the Act.

 

c)         If the minor is not physically capable of signing the application because of age, disability or other cause, the parent or legal guardian providing consent must submit a copy of the minor's birth certificate.

 

(Source:  Amended at 46 Ill. Reg. 1057, effective December 21, 2021)

 

Section 1230.45  Firearm Serial Number System to Identify Firearms Reported Stolen

 

a)         Access to Illinois information online

 

1)         The Department will establish a component to its FOID/FCCL Online System for the purpose of searching stolen gun information as reported by law enforcement agencies which is derived from the Illinois Law Enforcement Agencies Data System (LEADS) and authorized for release to the public.

 

2)         This component shall be known as the ISP Stolen Firearms System.

 

3)         The serial or identification number assigned to a particular firearm by the manufacturer may not be unique; duplicates may exist.  The information contained within the system may not solely be used as a confirmation that any firearm is stolen.

 

4)         If the identifiers entered hit as a potential match to an active report, then the potential match must be verified with the law enforcement agency that reported the firearm theft within LEADS. 

 

b)         Searching the system

 

1)         Effective July 1, 2022, whenever a person sells or transfers a firearm under Section 3 of the Act [430 ILCS 65/3], the seller may access the ISP Stolen Firearms System and enter the firearm identification information for the firearm to be sold or transferred.

 

2)         Effective January 1, 2024, whenever a person sells or transfers a firearm under Section 3 of the Act [430 ILCS 65/3], the seller must access the ISP Stolen Firearms System and enter the firearm identification information for the firearm to be sold or transferred.

 

3)         Upon accessing the ISP Stolen Firearms System and submitting firearms identification information, the seller will receive a transaction number confirming that they accessed the system and will receive information regarding whether a potential match was identified. 

 

4)         Effective January 1, 2024, the seller must provide proof of the ISP Stolen Firearm System search and results therefrom to the purchaser prior to completing the sale or transfer. 

 

A)        A receipt printed from the ISP Stolen Firearms System with a transaction number shall serve as proof of the search.

 

B)        Both parties must retain a copy of the receipt printed from the ISP Stolen Firearms System as a part of the record required by Section 3(b) of the Act. 

 

5)         Only persons transferring a firearm may access the ISP Stolen Firearms System to search Illinois stolen gun information.

 

c)         Review of potential matches

 

1)         The Department will assign appropriate personnel to follow-up with the local law enforcement agency that reported the firearm theft within LEADS.

 

2)         The local law enforcement agency that reported the firearm theft within LEADS will cooperate with the Department to ensure any firearms transferred pursuant to Section 3(a-25) of the Act have not been reported stolen.

 

3)         The seller and buyer shall cooperate with the Department, as well as the local law enforcement agency that reported the firearm theft within LEADS, in any investigation they may commence regarding a potential match. 

 

(Source:  Added at 46 Ill. Reg. 6798, effective April 12, 2022)

 

Section 1230.50  Return of FOID Card – Applicant

 

a)         Suspension

 

1)         The Department will suspend the FOID Card pursuant to Section 8.3 of the Act, whenever the Department finds that a person to whom a FOID Card was previously issued is disqualified pursuant to:

 

A)        Section 8.2 of the Act as the result of a Protective Order and the duration of the disqualification is expected to be less than one year;

 

B)        Section 8(n) of the Act as the result of Felony Indictment; or

 

C)        Section 8(d) of the Act because the person is an Unlawful Drug Use if the person is prohibited under Illinois law from possessing firearms.

 

2)         Upon receiving notice of suspension, the FOID Card holder must comply with the Firearms Disposition Record (FDR) provisions of Section 9.5 of the Act but shall surrender the FOID Card to the law enforcement agency or person listed on the FDR regardless of whether the FOID Card holder owns or possesses firearms.

 

3)         The suspended FOID Card shall be invalid for the duration of the disqualification and suspension, including but not limited to, prohibiting the possession, purchase, sale, transfer or exchange of firearms and firearms ammunition.

 

4)         The FOID Card holder shall provide written notification to the Department upon conclusion of the disqualification. 

 

5)         After verifying the conclusion of the disqualification, the Department will provide written notice and reinstate the FOID Card.

 

6)         The FOID Card holder may appeal the suspension consistent with the provisions of Section 10 of the Act and Section 1230.70 of this Part.

 

b)         Revocation

 

1)         Whenever the Department finds that a person to whom a FOID Card was previously issued is disqualified pursuant to Section 8 or 8.2 of the Act other than as the result of a disqualification as provided in subsection (a)(1), the Department may revoke and seize the FOID Card.

 

2)         Upon receiving notice of revocation, the FOID Card holder must comply with the provisions of Section 9.5 of the Act in its entirety. 

 

A)        A copy of the required Firearm Disposition Record can be found on the Department's website. 

 

B)        Individuals whose FOID Cards were confiscated by law enforcement or the courts must submit documentation of the confiscation with the Firearm Disposition Record.

 

3)         The FOID Card holder may appeal the revocation consistent with the provisions of Section 10 of the Act and Section 1230.70 of this Part.

 

c)         Cancelled. Pursuant to Section 8.4 of the Act, individuals who are not prohibited by State or federal law from acquiring or possessing a firearm or firearm ammunition may cancel their FOID Cards for administrative purposes.

 

1)         The Department will, at the FOID Card holder's request, cancel a FOID Card whenever an individual reports to the Department that:

 

A)        they have surrendered their Illinois driver's license or Illinois Identification Card to another jurisdiction;

 

B)        their FOID Card has been lost, stolen, or destroyed; or

 

C)        they no longer wish to possess a FOID Card.

 

2)         If an applicant's payment is rejected due to insufficient funds and the applicant fails to pay all required fees, then the Department will cancel the applicant's FOID Card.

 

3)         FOID Cards that are cancelled are not subject to the requirements of Section 9.5 of the Act but must be destroyed or surrendered to law enforcement.

 

d)         Notwithstanding the provisions of this Section, the Department will comply with any court order to the contrary that is not void as a matter of law.

 

(Source:  Amended at 46 Ill. Reg. 1057, effective December 21, 2021)

 

Section 1230.60  Return of Revoked FOID Card – Other

 

Any criminal justice system employee or firearm or ammunition retailer who takes possession of a revoked FOID Card shall return the revoked card to the Illinois State Police, Firearms Services Bureau, within 10 business days.

 

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

 

Section 1230.70  Record Challenge

 

Any person who wishes to challenge the record serving as the basis for the denial of a FOID Card application or revocation or suspension of a FOID Card as provided in Section 10(a-10) of the Act must first submit a Request for FOID Investigation, Relief, and Reinstatement of Rights form, which is available on the Department's website at https://isp.illinois.gov/FirearmsSafety/Forms, within 60 days after the date appearing on the FOID Card application denial notice or a FOID Card revocation notice.

 

a)         Record Challenges

 

1)         The record challenger must provide the Department with all information requested pursuant to the FOID Records Challenge Requirements/Checklist available on the Department's website at https://isp.illinois.gov/FirearmsSafety/Forms;

 

2)         any other reasonable documentation requested by the Department related to the determination of the record challenge.

 

3)         Documentation should be submitted to:

 

            Illinois State Police

            Office of Firearms Safety

            801 South 7th Street, Suite 600-S

            Springfield, IL 62703

 

            or via e-mail to:

            ISP.FOID.Appeals@illinois.gov and 

 

4)         Upon receiving complete documentation for the record challenge, the Department will investigate the circumstances surrounding the denial or revocation action. If the Director is satisfied that the record challenger does not meet one of the grounds for denial and revocation under Section 8 of the Firearms Owners Identification Card Act, then the Director or the Director's designee will approve the record challenge.

 

b)         FOID Card holders or applicants who wish to appeal the denial of a FOID Card application or the revocation of a FOID Card pursuant to Section 8(c) or 8(n) of the Act due to either a federal conviction or an out of state conviction must contact the jurisdiction of conviction for relief. The Director may not grant relief for these firearms prohibitors.

 

c)         The record challenge process will not begin until the Department has received all the required documentation. If a record challenger fails to provide all of the required documentation within 60 days, the record challenge will be denied and closed.

 

d)         Once five years have passed since a voluntary mental health admission or a clear and present designation has been made, pursuant to Section 8.1(d) of the Act, the petitioner must have received a mental health evaluation by a physician, clinical psychologist, or qualified examiner as defined in the Mental Health and Developmental Disabilities Code [405 ILCS 5] and received a certification that he or she is not a clear and present danger to himself or herself or others to be eligible to receive a FOID Card. Applicants who do not have the required certification may not request relief. The decision to deny an application serves as a final administrative decision and shall be subject to judicial review under the provisions of the Administrative Review Law pursuant to Section 11 of the Act.

 

e)         Individuals with felony convictions required to seek relief before the circuit court pursuant to Section 10(a) of the Act may petition in writing the circuit court in the individual's county of residence for a hearing unless the individual no longer resides in Illinois. Out of State residents may petition in writing the circuit court in the county of conviction. The Director may not grant relief for felony convictions that are within the jurisdiction of the courts pursuant to Section 10(a) of the Act, unless directed to do so by a court with appropriate jurisdiction.

 

f)         Effective January 1, 2023, pursuant to Section 10(a-5) of the FOID Act, the Board shall consider any appeal under subsection (a) beginning January 1, 2023, other than an appeal directed to the circuit court and except when the applicant is challenging the record upon which the decision to deny or revoke was based as provided in subsection (a-10).  The Department shall process all decisions of the Board. This shall include:

 

1)         Sending correspondence to the FOID Card holder or applicant;

 

2)         Updating the FOID Card holder or applicant's status within the Department's online FOID/FCCL system; and

 

3)         Sending new or replacement FOID Cards as ordered by the Board.

 

g)         If the Director or the Director's designee denies a record challenge under subsection (a), pursuant to Section 10(a-10) of the Act, the petitioner cannot request an administrative hearing but rather, the Director shall render a final administrative decision, which shall be subject to judicial review under the provisions of the Administrative Review Law pursuant to Section 11 of the Act.

 

h)         In the event a final administrative decision is rendered and the record challenge is denied, a new application from the petitioner will not be accepted until two years have passed since the date of the last denial unless directed to do so by a court with appropriate jurisdiction.

 

(Source:  Amended at 47 Ill. Reg. 2431, effective February 3, 2023)

 

Section 1230.75  Request for Relief (Transferred)

 

(Source: Transferred to 20 Ill. Adm. 3500.20 at 47 Ill. Reg. 2474)

 

Section 1230.80  Judicial Review (Repealed)

 

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

 

Section 1230.90  Certification (Repealed)

 

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

 

Section 1230.100  Reduction of Remittance (Repealed)

 

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

 

Section 1230.110  Retention of Remittance

 

Application fees relating to denied applications will not be refunded.

 

(Source:  Added at 22 Ill. Reg. 16629, effective September 8, 1998)

 

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].  Such reports shall be maintained in accordance with subsections (e) and (f).

 

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.  Such reports shall be maintained in accordance with subsections (e) and (f).

 

1)         Clear and present danger reports shall be reviewed by the Department to deny a FOID card application or revoke a FOID card under Section 8(f) or 8.1(d) of this Act.

 

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)         When five years have passed since the date of the incident giving rise to the clear and present danger, an individual whose FOID card application was denied or FOID card was revoked pursuant to Section 8(f) of the Act, will be issued a FOID card, so long as there have been no new clear and present danger reports filed in the interim and the applicant otherwise meets the requirements of the FOID Act, upon submitting:

 

1)         a new application;

 

2)         a mental health evaluation by a physician, clinical psychologist, or qualified examiner as defined in the Mental Health and Developmental Disabilities Code [405 ILCS 5]; and

 

3)         a certification from the physician, clinical psychologist or qualified examiner that the individual is not a clear and present danger to himself, herself, or others.

 

d)         All other requests for reinstatement after denial or revocation pursuant to a clear and present danger report shall be treated as a request for relief pursuant to Section 10(f) of the Act and must be made consistent with Section 1230.75 of this Part.

 

e)         When the report does not meet the definition of "clear and present danger" in Section 1.1 of the Act the Department shall maintain records of clear and present danger reporting for a period of five years from when the clear and present danger report is received.

 

f)         When a denial or revocation is warranted under Section 8(f) of the Act, the Department shall maintain records of clear and present danger reporting.

 

(Source:  Amended at 46 Ill. Reg. 19237, effective November 21, 2022)

 

Section 1230.EXHIBIT A  Application for Firearm Owner's Identification Card (Form FOID-1.2) (Repealed)

 

(Source:  Repealed at 17 Ill. Reg. 18856, effective October 18, 1993)

 

Section 1230.EXHIBIT B  Certification (Repealed)

 

(Source:  Repealed at 17 Ill. Reg. 18856, effective October 18, 1993)