TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER II: ILLINOIS STATE POLICE
PART 1230 FIREARM OWNER'S IDENTIFICATION CARD ACT
SECTION 1230.70 REQUEST FOR RELIEF AND APPEALS


 

Section 1230.70 Request for Relief and Appeals

 

Any person who wishes to file a request for relief or an appeal because their FOID application was denied or their FOID Card was suspended or revoked must first submit a Request for FOID Investigation, Relief, and Reinstatement of Rights form, which is available on the Department's website. The following additional requirements apply depending upon the type of request for relief or appeal filed:

 

a) Commitment to a Mental Health Facility; Expedited Relief Law Enforcement Officers

 

1) Law enforcement officers who wish to request expedited relief from the Department shall submit an Affidavit for Law Enforcement Expedited Relief, which is available on the Department's Website, within 60 days after receipt of the notice that their FOID application is denied or their FOID Card is revoked to begin the appeal process. The affidavit requires that the officer certify that he or she meets the requirements of Section 10(c-5) of the Act for expedited relief.

 

2) Pursuant to Section 10(c-5) of the Act, the petitioner must provide to the Department the following documentation:

 

A) all information set forth on the Law Enforcement Expedited Requirements Checklist that is available on the Department's Website; and

 

B) any other reasonable documentation requested by the Department related to the determination for granting relief.

 

3) If it is established by a preponderance of the evidence that the person 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 Director shall grant relief (Section 10(f) of the Act).

 

b) Commitment to a Mental Health Facility and Clear and Present Danger Designations within the past five years; Relief from Section 8(e), voluntary admissions within the past five years; or from Section 8(f), clear and present danger designations within the past five years.

 

1) An individual whose application for a FOID Card is denied or whose FOID Card is revoked for a commitment to a mental health facility within the preceding five years may petition the Department for relief.

 

2) Individuals who wish to request relief from the Department shall provide written notice of this intention to the Office of Firearms Safety within 60 days after receipt of the notice that their FOID application is denied or their FOID Card is revoked to begin the appeal process.

 

3) The petitioner must provide to the Department the following documentation:

 

A) All information set forth on the Mental Health Admission Less Than 5 Year Prohibitor Requirements Checklist that is available on the Department's website;

 

B) any other reasonable documentation requested by the Department related to the determination for granting relief.

 

4) If it is established by a preponderance of the evidence that the person 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 Director or his or her designee may grant relief. (Section 10(a) of the Act)

 

c) Felony Convictions; Relief from Section 8(c)

 

1) An individual whose application for a FOID Card is denied or whose FOID Card is revoked (Section 10(a) of the Act) because of a felony conviction may petition the Department 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.

 

2) Individuals who wish to request relief from the Department shall provide written notice to the Department to begin the relief process.

 

3) The petitioner must provide to the Department the following documentation:

 

A) All information set forth on the Felony Prohibitor Requirements Checklist that is available on the Department's website; and

 

B) any other reasonable documentation requested by the Department related to the determination for granting relief.

 

4) If the Director is satisfied that the appellant meets the standard set forth in Section 10(c) of the Act, the Director or the Director's designee may grant relief.

 

d) Other Denials or Revocation; Appeals Individuals who wish to challenge the record upon which the decision to deny or revoke was based as provided in Section 10(a-10) of the Act shall provide written notice to the Office of Firearms Safety within 60 days after receipt of the notice that their FOID application is denied or their FOID Card is revoked to begin the appeal process.

 

1) The appellant must provide the Department with all information requested pursuant to the appropriate Firearms Safety Checklist that are available on the Department's website; and

 

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

 

3) Upon receiving complete documentation for the appeal, the Department will investigate the circumstances surrounding the denial or revocation action. If the Director is satisfied that the appellant is not prohibited, the Director or the Director's designee may approve the appeal.

 

e) 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.

 

f) The request for relief and appeal processes will not begin until the Department has received all the required documentation. If an appellant fails to provide all of the required documentation within 60 days, the request for relief or appeal will be denied and the appeal closed.

 

g) 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 receive a FOID Card. Applicants who do not have the required certification may not request relief from the Director. The decision to deny their appeal shall serve 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.

 

h) 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 county of his or her residence for a hearing unless they no longer reside 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.

 

i) If the Director or the Director's designee does not provide relief in response to a request for relief under subsections (a) through (c), the petitioner may request an administrative hearing. The request for hearing must be in writing and sent to the Office of Firearms Safety.

 

j) The administrative law judge (ALJ) for contested hearings shall be an attorney licensed to practice law in Illinois appointed by the Director. The ALJ will be disqualified upon showing of bias or conflict of interest.

 

k) The procedures for the hearing shall be as described in Article 10 of the Administrative Procedure Act [5 ILCS 100/Art. 10] and as ordered by the ALJ.

 

l) The ALJ shall make a recommendation to the Director who shall render a final administrative decision as set forth in Section 11 of the Act.

 

m) If the Director or the Director's designee denies an appeal under subsection (d), 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 serve 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.

 

n) In the event a final administrative decision is rendered and the request for relief or appeal 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 46 Ill. Reg. 1057, effective December 21, 2021)