Ill. Admin. Code tit. 20 § 1230.120

Current through Register Vol. 48, No. 45, November 8, 2024

Section 1230.120 - Clear and Present Danger Reporting

a) Physicians, clinical psychologists and qualified examiners shall report determinations of a clear and present danger to the Department by making notification to the Department of Human Services in the form and manner prescribed at Section 6-103.3 of the Mental Health and Developmental Disabilities Code [405 ILCS 5 ]. Such reports shall be maintained in accordance with subsections (e) and (f).

b) Law enforcement officials and school administrators shall report determinations of a clear and present danger directly to the Department. The Department shall make a form and instruction for the reporting available to law enforcement officials and school administrators on its website. Such reports shall be maintained in accordance with subsections (e) and (f).

1) Clear and present danger reports shall be reviewed by the Department to deny a FOID card application or revoke a FOID card under Section 8(f) or 8.1(d) of this Act.

2) Clear and present danger reporting shall be made consistent with the Family Educational Rights and Privacy Act (20 USC 1232g) 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.

c) When five years have passed since the date of the incident giving rise to the clear and present danger, an individual whose FOID card application was denied or FOID card was revoked pursuant to Section 8(f) of the Act, will be issued a FOID card, so long as there have been no new clear and present danger reports filed in the interim and the applicant otherwise meets the requirements of the FOID Act, upon submitting:

1) a new application;

2) a mental health evaluation by a physician, clinical psychologist, or qualified examiner as defined in the Mental Health and Developmental Disabilities Code [405 ILCS 5 ]; and

3) a certification from the physician, clinical psychologist or qualified examiner that the individual is not a clear and present danger to himself, herself, or others.

d) All other requests for reinstatement after denial or revocation pursuant to a clear and present danger report shall be treated as a request for relief pursuant to Section 10(f) of the Act and must be made consistent with Section 1230.75 of this Part.

e) When the report does not meet the definition of "clear and present danger" in Section 1.1 of the Act the Department shall maintain records of clear and present danger reporting for a period of five years from when the clear and present danger report is received.

f) When a denial or revocation is warranted under Section 8(f) of the Act, the Department shall maintain records of clear and present danger reporting.

Ill. Admin. Code tit. 20, § 1230.120

Added at 38 Ill. Reg. 2301, effective December 31, 2013

Amended at 46 Ill. Reg. 19237, effective 11/21/2022