Law Enforcement - Clear and Present Danger
Illinois State Police
Clear and Present Danger Reporting Instructions for
Law Enforcement Officials and School Administrators
The Person Determined to Pose a Clear and Present Danger form shall be used by law enforcement officials and school administrators to report individuals determined to pose a clear and present danger pursuant to 20 Il. Admin. Code 1230.120. The form must be submitted within 24 hours of the determination to the Illinois State Police, Firearms Services Bureau in Springfield, Illinois. 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.
Who must Report? Pursuant to 430 ILCS 65/8.1(d)(2) and 430 ILCS 66/105,
- Law enforcement Officials
- School Administrators – principals and chief administrative officers (or their designees) of public and private: elementary and secondary schools, community colleges, colleges, and universities.
What do I Report?
- When a student or other person demonstrates threatening physical or verbal behavior, such as violent, suicidal, or assaultive threats, actions or other behaviors they may be determined to pose a clear and present danger.
- The reporting law enforcement official, school administrator, or their designee must complete Person Determined to Pose a Clear and Present Danger form in its entirety and sign it. Specific behaviors and statements leading to the determination must be included in the form’s narrative section. Dates and times of occurrence, as well as the names and contact information of any witnesses, should also be included. Additional supporting documentation should be referenced in the narrative section and submitted along with the form.
How do I report?
- The completed form and attachments must be faxed to the Illinois State Police, FOID Enforcement at 217-782-9139 within 24 hours of determining the student poses a clear and present danger.
- The Illinois State Police, Firearms Services Bureau may be contacted at 217-782-3700, Monday – Friday, 8:30 a.m. to 5:00 p.m., to answer questions or confirm receipt of a submission.
- If you need emergency assistance from the Firearms Services Bureau beyond normal business hours, contact the Illinois State Police, Statewide Terrorism and Intelligence Center at 877-455-7842.
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 individuals FOID Card.
- Clear and present danger reporting shall be made consistent with the Family Educational Rights and Privacy Act (34 CFR § 99.36) 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. School administrators should consider consulting with their legal counsel prior to adopting clear and present danger reporting policies. A principal or chief administrative officer, or designee of a principal or chief administrative officer, making the determination and reporting “Clear and Present Danger” shall not be held criminally, civilly, or professionally liable, except for willful or wanton misconduct. (430 ILCS 66/110)