Section 3500.200  Request for Relief

a)         The Department and the Board are part of the criminal justice process responsible for reviewing a FOID Card holder's or applicant's criminal history record and eligibility pursuant to Section 10(a) and 10(a-5) of the Act.

b)         Any person wishing to file a request for relief after a FOID Card application denial or FOID Card suspension or revocation must first submit a Request for FOID Investigation, Relief, and Reinstatement of Rights form to the Department, which is available on the Department'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 Department's website at https://isp.illinois.gov/FirearmsSafety/Forms, within 60 days after receipt of a FOID Card application denial notice or a FOID Card revocation notice 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 must provide the Department with the following documentation:

i)          all information set forth on the Law Enforcement Expedited Requirements Checklist that is available on the Department's website at https://isp.illinois.gov/FirearmsSafety/Forms; and

ii)         any other reasonable documentation requested by the Department 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 Department shall grant relief (see Section 10(f) of the Act) from the firearms prohibitor.

2)         Commitment to a Mental Health Facility and Clear and Present Danger Designations 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 for a commitment to a mental health facility or being designated as a clear and present danger within the preceding five years may petition the Department for relief.

B)        Individuals requesting relief from the Department shall submit a Request for FOID Investigation, Relief, and Reinstatement of Firearms Rights, which is available on the Department’s website at https://isp.illinois.gov/FirearmsSafety/Forms, within 60 days after receipt of a FOID Card application denial notice or a FOID Card revocation notice to begin the relief process.

C)        The individual must provide the Department 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 is available on the Department's website at https://isp.illinois.gov/FirearmsSafety/Forms;

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

D)        If the individual establishes, by a preponderance of the evidence, that the individual 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 Department or its designee shall grant relief from the relevant firearms prohibitor. (See Section 10(a) 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 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.

B)        Individuals requesting relief from the Department shall submit a Request for FOID Investigation, Relief, and Reinstatement of Firearms Rights, which is available on the Department’s website https://isp.illinois.gov/FirearmsSafety/Forms, within 60 days after receipt of a FOID Card application denial notice or a FOID Card revocation notice to begin the relief process.

C)        The individual must provide the Department with the following documentation:

i)          All information set forth on the Felony Prohibitor Requirements Checklist that is available on the Department's website at https://isp.illinois.gov/FirearmsSafety/Forms; and

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

D)        If the individual meets the standard set forth in Section 10(c) of the Act, the Department or its designee shall grant relief from the relevant firearms prohibitor.

4)         The request for relief process will not begin until the Department has received all the required documentation. If an individual fails to provide all of the required documentation within 60 days after receipt of the notice of FOID Card denial or FOID Card revocation, the request for relief will be denied and the case will be closed.

c)         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) of the Act.

d)         In the event a final administrative decision is rendered and the individual's request for relief is denied, a new application from the individual 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:  Recodified from 20 Ill. Adm. Code 1230.75 pursuant to P.A. 102-237, at 47 Ill. Reg. 2475)