Office Of Firearms Safety FAQs

What is the FOID Act and what does it do?
  • The Firearm Owners Identification Card Act, commonly known as FOID, states that “…..In order to promote and protect the health, safety and welfare of the public, it is necessary and in the public interest to provide a system of identifying persons who are not qualified to acquire or possess firearms, firearm ammunition, stun guns, and tasers within the State of Illinois by the establishment of a system of Firearm Owner's Identification Cards…..” - 430 ILCS 65 / Firearm Owners Identification Card Act. (ilga.gov) Opens in new window
What constitutes a Clear and Present Danger per the FOID Card Act (430 ILCS65/1.1)?
  • Clear and Present Danger means a person who communicates a serious threat of physical violence against a reasonably identifiable victim or poses a clear and imminent risk of serious physical injury to himself, herself, or another person as determined by a physician, clinical psychologist, or qualified examiner; OR demonstrates threatening physical or verbal behavior, such as violent, suicidal, or assaultive threats, actions, or other behavior, as determined by physician, clinical psychologist, qualified examiner, school administrator, or law enforcement official.
Who Must Report Clear and Present Danger?
When Should I Report a Clear and Present Danger?
  • When a school administrator, law enforcement official, physician, clinical psychologists, or qualified examiner determines that a person demonstrates threatening physical or verbal behavior such as violent, suicidal, or assaultive threats, actions, or other behavior such that the person is posing a clear and present danger to themselves or others, they should report. (430 ILCS65/1.1)
If I am a School Administrator, Law Enforcement Official, Physician, Clinical Psychologist or a Qualified Examiner do I need to report if the person is not a FOID card holder?
  • Yes. The responsibility to report a subject determined to be a clear and present danger in not exclusive to persons with a FOID card. This applies to ALL persons determined to be a clear and present danger to themselves or others.
What Happens After I Submit a Clear and Present Danger Report?
  • Once a Clear and Present Danger determination is reported through the portal, you can check its status in the portal.
  • If the person was a FOID card holder, an Analyst from the Office of Firearms Safety will reach out to you and let you know whether the FOID holder is revoked, denied, or will remain valid.
  • If the subject of the request was not a FOID card holder, you may not receive additional notifications, unless additional information is needed to process your request. However, you can check the status of your submission within your portal account.
What Else Should I Know?
  • This reporting process is intended to prevent individuals determined to pose a Clear and Present Danger from having access to firearms or firearm ammunition by revoking the individual’s FOID Card or denying their FOID Card application.
  • Clear and Present Danger reporting shall be made consistent with the Family Educational Rights and Privacy Act (34 CFR § 99.36) to assist the Illinois State Police 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 and ammunition.
  • School administrators should consider consulting with their legal counsel prior to adopting Clear and Present Danger reporting policies.
  • The physician, clinical psychologist, qualified examiner, law enforcement official, or school administrator making the determination and his or her employer shall not be held criminally, civilly, or professionally liable for making or not making the notification required under this subsection, except for willful or wanton misconduct. (430 ILCS 65/8.1)
  • The officer or school that is making the determination should be the officer completing the Clear and Present Danger submission.
  • Please do not share Law Enforcement Portal user login and passwords. We encourage you to add users by following the directions in the Administrator's Guidelines. Sharing log in credentials violates the CJIS agreements and could possibly be an audit finding for your agency.

Medical Professionals

What is the Illinois Department of Human Services (IDHS) FOID Mental Health Reporting System?
  • The IDHS Firearms Owner's Identification (FOID) Mental Health Reporting System collects information on persons in Illinois that have been: adjudicated mentally disabled persons; voluntarily admitted to a psychiatric unit; determined to be a "Clear and Present Danger"; and/or determined to be "Developmentally Disabled/ Intellectually Disabled." The DHS FOID Mental Health Reporting System website provides clinicians and facilities with 24-hour and immediate access to report an individual.
Who should report through the DHS FOID Mental Health Reporting System?
  • Mental Health Facilities: Hospitals, nursing homes, some residential settings, outpatient facilities.
  • Clinicians: Physicians, psychiatrists, clinical psychologists, and qualified examiners.
Who are Qualified Examiners?
  • A qualified examiner as defined in 405 ILCS 5/1-122 is:
    1. a clinical social worker who (1) has a master’s or doctoral degree in social work from an accredited graduate school of social work, and (2) has at least 3 years of supervised post-master’s clinical social work practice, which shall include the provision of mental health services for the evaluation, treatment and prevention of mental and emotional disorders;
    2. a registered nurse with a master’s degree in psychiatric nursing who has 3 years of clinical training and experience in the evaluation and treatment to any training and experience which constituted a part of the degree program;
    3. a licensed clinical professional counselor with a master’s or doctoral degree in counseling or psychology or a similar master’s or doctorate program from a regionally accredited institution who has at least 3 years of supervised post-master’s clinical professional counseling experience, which includes the provision of mental health services for the evaluation, treatment, and prevention of mental and emotional disorders; or
    4. a licensed marriage and family therapist with a master's or doctoral degree in marriage and family therapy from a regionally accredited educational institution or a similar master's program or from a program accredited by either the Commission on Accreditation for Marriage and Family Therapy or the Commission on Accreditation for Counseling Related Educational Programs, who has at least 3 years of supervised post-master's experience as a marriage and family therapist that includes the provision of mental health services for the evaluation, treatment, and prevention of mental and emotional disorders.
Who has access to the information in the DHS FOID Mental Health Reporting System?
  • Only a very small number of IDHS personnel are involved in the collection and maintenance of the mental health information.
If a patient is treated for Alcohol or Substance Abuse, will he/she be reported in the FOID Mental Health Reporting System?
  • No. Federal regulations prohibit IDHS from collecting treatment for alcohol or substance abuse. That information is not to be reported to the DHS FOID Mental Health Reporting System. However, a physician, psychologist, or qualified examiner is required to report any person who is a "clear and present danger".
If a patient is seeing an outpatient therapist for problems such as depression, anxiety, or any other type of mental illness, will the clinician have to report on the DHS FOID Mental Health Reporting System?
  • No. An outpatient therapist will only make a report if a patient is determined to be a clear and present danger, developmentally disabled, or intellectually disabled by that qualified examiner.
Can DHS take away a FOID card?
  • DHS does not have the authority to revoke FOID cards; only the Illinois State Police revokes FOID and/or Concealed Carry licenses.

Law Enforcement Portal

What is the Law Enforcement Portal?
  • The Law Enforcement Portal shall be used by law enforcement officials and school administrators to report individuals determined to pose a Clear and Present Danger pursuant to the FOID Act (430 ILCS 65 /8.1)Opens in new window and Illinois Administrative Code ( Title 20 Section 1230.120Opens in new window). The law enforcement official or school administrator shall, within 24 hours of making the determination, notify the Illinois State Police, Office of Firearms Safety via a submission through the ISP Law Enforcement Portal. This reporting duty is separate from any requests for assistance made to a law enforcement agency. For immediate police assistance, school administrators must still contact their local law enforcement agency or call 911.
  • The Law Enforcement Portal shall also be used for filing objections against Concealed Carry applicants during the 30-day objection period, and for FOID revocation reports, which list revoked individuals by county, revocation reason, and compliance with Section 9.5 of the FOID ActOpens in new window. It can be accessed by here: IL Law Enforcement Agency Portal (cclisp.com)Opens in new window
  • Law enforcement users are able to electronically enter that a revoked or suspended individual’s FOID card was surrendered to their agency and destroyed. Additionally, they will be able upload the FOID Card and Firearm Disposition Record Opens in new window(FDR) directly to the applicant’s file.

School Administrators

How Do School Administrators and Law Enforcement Officials Report a Clear and Present Danger?
  • The reporting law enforcement official, school administrator, or their designee, must have an account with the Illinois State Police (ISP) Law Enforcement portal to report. If your account is not set up, contact the Office of Firearms Safety at: ISP.OfficeofFirearmsSafety@illinois.gov to receive instructions on how to sign up, or to answer any questions or confirm receipt of a submission.
  • Within 24 hours of the school administrator or law enforcement official making the determination that a person poses a clear and present danger to himself, herself, or to others, they shall notify the ISP that the person poses a clear and present danger.
  • All Clear and Present Danger reports must be made through the Law Enforcement Portal: IL Law Enforcement Agency Portal (cclisp.com)Opens in new window
  • The reporter must login to the Portal to report the threatening behavior, then follow the prompts in the portal by completing each section in its entirety, including checking all boxes that pertain to the incident/individual, and attaching any relevant reports. All boxes describing the specific behaviors and statements leading to the determination should be appropriately checked, and the narrative section should include all relevant details, including dates and times of occurrence, as well as the names and contact information of any witnesses. Additional supporting documentation should be referenced in the narrative section and submitted with the form.
  • If you need emergency assistance related to Clear and Present Danger Reporting only from the Office of Firearms Safety after normal business hours, contact the Illinois State Police, Statewide Terrorism and Intelligence Center at 877-455-7842.
Is there a limit to the number of users enrolled for the agency/school?
  • There is no limit on the number of users a Law Enforcement Agency or School District can enroll in the portal; but only those law enforcement officers or school personnel who will be making the Clear and Present Danger determination should be enrolled in the portal.

Law Enforcement

Why is the subject entered into the Law Enforcement Agencies Data System ( LEADS) ?
  • It is the responsibility of the reporting law enforcement agency to enter the AFFIRMED subject into the LEADS system as a “CAUTION, OFFICER SAFETY.” While there is no statutory requirement for law enforcement agencies or schools to enter Clear and Present Danger reports into LEADS, we strongly recommend affirmed Clear and Present Danger be entered into LEADS by the reporting agency. This is an OFFICER SAFETY and PUBLIC SAFETY concern.
Is there an age requirement for a subject to be entered in LEADS?
  • No, there is no minimum age requirement. If the subject has been deemed a Clear and Present Danger, the entry should still be made.
What fields are mandatory in a LEADS submission?
  • The mandatory fields in LEADS submissions are NAME/SEX/DATE OF BIRTH/HEIGHT/WEIGHT/EYE COLOR/HAIR COLOR. These fields are sometimes not included in the subject information (e.g. school submissions). Agencies should make every attempt to gather this information. If the agency cannot, it can submit an educated estimate to be able to proceed with the entry. The agency can go back and edit the information if it determines something included is incorrect.
Where can I find assistance regarding entering data into LEADS?
  • Law enforcement agencies can find the online manual on the ISP website LEADS 3.0 (illinois.gov)Opens in new window.
  • The LEADS manual discusses Clear and Present Danger LEADS entries. This is located under the FNP section, the manual cites 430 ILCS 65/8(f) for the legal justification for entries. The manual (snippet below) states “and have had their FOID card revoked as a result,” this language is applicable to individuals who will be prohibited from legally obtaining a FOID card as well. The citation states ISP has the authority to deny an application or revoke and seize a FOID Card:
    • “Grounds for denial and revocation. The Illinois State Police has authority to deny an application for or to revoke and seize a Firearm Owner's Identification Card previously issued under this Act only if the Illinois State Police finds that the applicant or the person to whom such card was issued is or was at the time of issuance:”
    • “(f) A person whose mental condition is of such a nature that it poses a clear and present danger to the applicant, any other person or persons, or the community;”
  • Developing a Department policy is recommended. The LEADS team can assist when needed and is always willing to help. The LEADS Administration team can be contacted by phone at ISP HELP DESK (217-782-4155) or via email at ISP.LEADSADM@illinois.gov.

FIREARMS RESTRAINING ORDER

What is the Firearms Restraining Order (FRO) Act?
  • The FRO Act was passed in 2019 and allows family/household members or Law Enforcement Officer’s to file a petition in court alleging that the respondent poses an immediate and present danger of causing personal injury to himself, herself, or another by having in his or her custody or control, purchasing, possessing, or receiving a firearm, ammunition, or firearm parts that could be assembled to make an operable firearm. If the FRO petition is granted and the order issued, and the judge finds probable cause that the respondent possesses firearms, then the judge shall also issue a search warrant.
  • A FRO is an emergency protective order, that can be extended up to one year , prohibiting the respondent from having in their custody or control, purchasing, possessing, or receiving a firearm, ammunition, and firearm parts that could be assembled to make an operable firearm and ordering the respondent to surrender to local law enforcement any firearm, ammunition, and firearm parts that could be assembled to make an operable firearm in the respondent’s possession for the duration of the Order. The FRO may be an Emergency Order which will last 14 days or a plenary order which will last up to a year.
What is the purpose of a Firearms Restraining Order?
  • Firearms Restraining Orders (FROs) are meant to prohibit an individual from possessing a firearm, ammunition, or firearms parts where there is sufficient information to believe the individual poses an immediate and present danger of causing personal injury to themselves or other individuals by having custody or control, purchasing, possessing, or receiving a firearm, ammunition, or firearm parts that could be assembled to make an operable firearm.
  • FROs allow law enforcement officers and family members or household members to obtain a court order temporarily restricting an individual who is determined to be at risk of harming themselves or others from securing or maintaining access to firearms, ammunition, or firearm parts while respecting the individual’s constitutional rights and providing a judicial procedure for challenging the Order.
  • A petition for, or the issuance of, the FRO does not in any way affect the ability of law enforcement to remove or seize firearms, ammunition, or firearm parts from any person or property as permitted by any other law
Who can file for a Firearms Restraining Order?
  • A family member of the respondent: spouse, former spouse, person with whom the respondent has a minor child in common, parent, child, or stepchild of the respondent, any other person related by blood or present marriage to the respondent, or a person who shares a common dwelling with the respondent.
  • A law enforcement officer who files a petition alleging that the respondent poses a danger of causing personal injury to himself, herself, or another by having in his or her custody or control, purchasing, possessing, or receiving a firearm, ammunition, or firearm parts that could be assembled to make an operable firearm or removing firearm parts that could be assembled to make an operable firearm.
How do I file a petition for a Firearms Restraining Order?
  • Petitions must be filed in:
    • any county where the respondent resides or
    • any county where an incident occurred that involved the respondent posing an immediate and present danger of causing personal injury to the respondent or another by having in his or her custody or control, or purchasing, possessing, or receiving a firearm, ammunition, or firearm parts that could be assembled to make an operable firearm.
What am I required to do if my FOID Card or CCL were revoked?
  • The FOID Act (430 ILCS 65/9.5) requires within 48 hours of receiving notification of the revocation or suspension of your FOID Card, that you:
    1. Surrender your Firearm Owner's Identification Card to the local law enforcement agency where you reside;
    2. Transfer all firearms in your possession or control; and
    3. Complete a Firearm Disposition Record, which can be found Firearm Disposition Record Opens in new window .
      Instructions are included on the form; failure to comply with this statute constitutes a Class A misdemeanor.
    4. If your FOID Card was revoked because you no longer reside in Illinois, please destroy your FOID card and ensure you are in compliance with the laws of the state in which you reside.
    5. If you are the sponsor of a minor(s) who has a FOID card, the minor's FOID card has also been revoked and must be immediately surrendered; please have the minor complete a Firearm Disposition Record as well.
  • The Firearm Concealed Carry Act (430 ILCS 66/70(g)) requires within 48 hours of receiving notification of the revocation or suspension of your FOID Card, that you:
    1. Surrender your CCL to the local law enforcement agency where you reside.
    2. If you have lost, surrendered, or otherwise destroyed your CCL, you must complete an affidavit that you are not in possession of the revoked or suspended CCL. A copy of the affidavit can be found at Lost or Surrendered card Opens in new window .
If you have questions about a FOID/CCL appeal?
  • ***ATTENTION: Public Act 102-237 amended the Firearm Owners Identification Card (FOID) Act to create the Firearm Owners Identification Card Review Board (FCRB). Effective January 1, 2023, certain appeals must be filed with the FCRB and not with the Illinois State Police Director. The FCRB has been appointed and will begin actioning appeals in the immediate future. No additional appeal materials meant for the FCRB are being accepted by ISP at this time. Please DO NOT mail or email them to ISP. Please visit the FCRB website for further information at FCRB (illinois.gov)Opens in new window or contact the FCRB for additional information regarding appeals within the jurisdiction of the FCRB at FCRB.ReliefRequest@illinois.gov.

For information on FOID and CCL appeals.