Law Enforcement - Clear and Present Danger
Illinois State Police
Clear and Present Danger Reporting Instructions for
Law Enforcement Officials and School Administrators
The Illinois State Police Clear and Present Danger Request form shall be used by law enforcement officials and school administrators to report individuals determined to pose a Clear and Present Danger pursuant to the Firearms Owners Identification Card Act (430 ILCS 65/8.1) and Illinois Administrative Code (Title 20 Section 1230.120). The law enforcement official or school administrator shall, within 24 hours of making the determination, notify the Illinois State Police, Firearms Services Bureau-Investigative Support Unit. 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 determined to pose a Clear and Present Danger themselves or others.
- The reporting law enforcement official, school administrator, or their designee must complete the Illinois State Police Clear and Present Danger request form in its entirety. Specific behaviors and statements leading to the determination must be included in the narrative section, 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.
How do I report?
- The completed form and attachments must be faxed or emailed to the Illinois State Police, Firearms Services Bureau, Investigative Support Unit at 217-782-9139 or ISP.FTIP.QC.FAX@illinois.gov. The determination of a Clear and Present Danger should be made within 24 – 48 hours of the incident giving rise to determining the student or individual poses a Clear and Present Danger. Reports MUST BE made to the Department within 24 hours of making the determination.
- The Illinois State Police, Firearms Services Bureau, Investigative Support Unit 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 after normal business hours, contact the Illinois State Police, Statewide Terrorism and Intelligence Center at 877-455-7842.
How do I know if the Clear and Present Danger request will be approved?
- Once a Clear and Present Danger determination is made, an Agent or an Analyst from the Investigative Support Unit will reach out to you and let you know whether the FOID holder is revoked, denied, or will remain valid.
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.
- 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)