Expedited Review of Clear and Present Danger Determinations
A person subject to subsection (f) of Section 8 of the Firearm Owner’s Identification Card Act may request expedited review of a FOID application denial or FOID card revocation based on a Clear and Present Danger Determination. A request for expedited review may be filed immediately upon receipt of notice of a FOID application denial or FOID card revocation, but no later than thirty (30) days from the date of notice.
Eligibility for Expedited Review
An individual may request expedited review only for the following reasons:
- Contesting the facts of the Clear and Present Danger report; or
- Contesting that the facts in the Clear and Present Danger report meet the definition of “clear and present danger” pursuant to 430 ILCS 65/1.1.
Hearing Process
Upon timely receipt of a completed Expedited Request for Review of Clear and Present Danger Determination form, the FOID Card Review Board will schedule a hearing within forty-five (45) days.
The Board will notify the individual, the Illinois State Police, and the entity who reported the Clear and Present Danger Determination of the date, time, and location of the hearing.
Scope of Submissions and Review
All parties may submit only documents necessary to contest the facts of the Clear and Present Danger report or to contest whether the facts meet the definition of clear and present danger under 430 ILCS 65/1.1. Board members may request additional information, which must be provided within five (5) business days.
Decision and Further Proceedings
The Board will issue a final administrative decision within fourteen (14) days of the hearing. Board deliberations are conducted in executive session and are not subject to the Open Meetings Act or the Freedom of Information Act. After exhausting expedited review and any appeal, a petitioner may file a request for relief pursuant to Section 3500.200. The Board’s jurisdictional period under 430 ILCS 65/10(c-5) is tolled during the pendency of expedited review and any related appeal.