Ill. Admin. Code tit. 20 § 1230.70

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

Section 1230.70 - Record Challenge

Any person who wishes to challenge the record serving as the basis for the denial of a FOID Card application or revocation or suspension of a FOID Card as provided in Section 10(a-10) of the Act must first submit a Request for FOID Investigation, Relief, and Reinstatement of Rights form, which is available on the Department's website at https://isp.illinois.gov/FirearmsSafety/Forms, within 60 days after the date appearing on the FOID Card application denial notice or a FOID Card revocation notice.

a) Record Challenges

1) The record challenger must provide the Department with all information requested pursuant to the FOID Records Challenge Requirements/Checklist available on the Department's website at https://isp.illinois.gov/FirearmsSafety/Forms;

2) any other reasonable documentation requested by the Department related to the determination of the record challenge.

3) Documentation should be submitted to:

Illinois State Police

Office of Firearms Safety

801 South 7th Street, Suite 600-S

Springfield, IL 62703

or via e-mail to:

ISP. FOID.Appeals@illinois.gov and

4) Upon receiving complete documentation for the record challenge, the Department will investigate the circumstances surrounding the denial or revocation action. If the Director is satisfied that the record challenger does not meet one of the grounds for denial and revocation under Section 8 of the Firearms Owners Identification Card Act, then the Director or the Director's designee will approve the record challenge.

b) FOID Card holders or applicants who wish to appeal the denial of a FOID Card application or the revocation of a FOID Card pursuant to Section 8(c) or 8(n) of the Act due to either a federal conviction or an out of state conviction must contact the jurisdiction of conviction for relief. The Director may not grant relief for these firearms prohibitors.

c) The record challenge process will not begin until the Department has received all the required documentation. If a record challenger fails to provide all of the required documentation within 60 days, the record challenge will be denied and closed.

d) Once five years have passed since a voluntary mental health admission or a clear and present designation has been made, pursuant to Section 8.1(d) of the Act, the petitioner must have received 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 received a certification that he or she is not a clear and present danger to himself or herself or others to be eligible to receive a FOID Card. Applicants who do not have the required certification may not request relief. The decision to deny an application serves as a final administrative decision and shall be subject to judicial review under the provisions of the Administrative Review Law pursuant to Section 11 of the Act.

e) Individuals with felony convictions required to seek relief before the circuit court pursuant to Section 10(a) of the Act may petition in writing the circuit court in the individual's county of residence for a hearing unless the individual no longer resides in Illinois. Out of State residents may petition in writing the circuit court in the county of conviction. The Director may not grant relief for felony convictions that are within the jurisdiction of the courts pursuant to Section 10(a) of the Act, unless directed to do so by a court with appropriate jurisdiction.

f) Effective January 1, 2023, pursuant to Section 10(a-5) of the FOID Act, the Board shall consider any appeal under subsection (a) beginning January 1, 2023, other than an appeal directed to the circuit court and except when the applicant is challenging the record upon which the decision to deny or revoke was based as provided in subsection (a-10). The Department shall process all decisions of the Board. This shall include:

1) Sending correspondence to the FOID Card holder or applicant;

2) Updating the FOID Card holder or applicant's status within the Department's online FOID/FCCL system; and

3) Sending new or replacement FOID Cards as ordered by the Board.

g) If the Director or the Director's designee denies a record challenge under subsection (a), pursuant to Section 10(a-10) of the Act, the petitioner cannot request an administrative hearing but rather, the Director shall render a final administrative decision, which shall be subject to judicial review under the provisions of the Administrative Review Law pursuant to Section 11 of the Act.

h) In the event a final administrative decision is rendered and the record challenge is denied, a new application from the petitioner will not be accepted until two years have passed since the date of the last denial unless directed to do so by a court with appropriate jurisdiction.

Ill. Admin. Code tit. 20, § 1230.70

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

Amended at 46 Ill. Reg. 1057, effective 12/21/2021

Amended at 47 Ill. Reg. 2431, effective 2/3/2023