Sunday, April 28, 2024

Illinois State Police Making House Calls, Seizing Guns to Bring Revoked FOID Holders Into ‘Compliance’

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Though most people don't know it, the (ISP) now make house calls.  However, they aren't coming to welcome new neighbors or bring good cheer. Instead, they're coming to confiscate the firearms from those with revoked Firearms Owners ID cards. While few would argue the merits of grabbing guns out of the hands of convicted violent felons, the ISP revokes FOID cards often without due process.

This past week, the ISP put out a press release about “compliance checks,” an almost Orwellian description of gun confiscation details.

The Belleville News-Democrat shared the press release:

State Police announced Wednesday that it has forced nearly 300 people in southern Illinois to give up ownership of their firearms after they had their firearms rights revoked.

As part of a “firearms enforcement blitz” from June 16 to July 31 in 41 southern Illinois counties, including St. Clair, Madison, Monroe, Clinton and Randolph counties, state police officers performed 710 “compliance checks,” which resulted in 295 people being “placed into compliance” with the state's Firearms Owners Identification Card, or FOID card, law.

The local newspaper reported the ISP press release verbatim without bothering to investigate how some of those folks had their FOID cards “revoked.” Hint: It's done without due process and on a regular basis.

Image courtesy Illinois State Police

Interestingly, it seems as though over half of the “compliance checks” were met with bad addresses, individuals not home, or people declining to participate. Some may have told the troopers to come back with a warrant.

Here's the actual press release (as a .pdf) announcing the “enforcement blitz” . . .

To their credit, for those who haven't been convicted of any felonies, the Illinois State Police will generally try to help the revoked person re-home the firearms with a friend or family member with a valid FOID card.

In my capacity with Guns Save Life I asked about ISP details grabbing up guns from those revoked or expired. Or, in the case of a minor child who becomes revoked, potentially all guns accessible to the minor. Because as gun owners in Illinois, we've all heard horror stories. The ISP sent me this official response . . .

The Illinois State Police works to ensure individuals are in compliance with the FOID Act and other applicable possession of firearm laws for those who have had their firearm right revoked.  ISP is not conducting “gun confiscation visits.”  With the responsibility of protecting the public's safety, ISP focuses enforcement details on revocation for those individuals who pose a significant threat to themselves or others; not expiration.  Enforcement visits are determined on a case by cases basis.  If there is no evidence of a significant public safety risk (violent felony indictment, specific serious threats, etc.), officers work to make these productive and consensual visits.  The majority of the time we can help place people into compliance without criminal charges or other action. 

We do this by ensuring the individual's FOID card has been turned into the proper authority and by ensuring any firearms in their possession have been temporarily turned over to someone with a FOID card who can legally possess them until the individual in question has had their firearm rights restored. If an individual does not have anyone to whom they can legally turn over their firearms, the law enforcement agency will have to take temporary custody of the firearms.  While ISP can take possession, we prefer to help facilitate a transfer to someone who can legally possess the firearms.

If there is an individual with a valid FOID card in the same dwelling as someone who has had their firearms rights revoked, it is the responsibility of the other firearm owners who have firearms, not to allow a prohibited person to gain possession of their firearms.  There is nothing in statute that allows law enforcement to seize a mother or father's firearms or ammunition if a sponsored minor losses their firearm rights and the parents have their firearms rights. It is the responsibility of the parent/responsible gun owner to ensure the prohibited minor does not gain possession of the firearms.

So there you have it.

But back to the revocation issue, sans due process. From MSN.com . . .

Illinois State Police on Monday submitted an emergency rule to allow for broader use of “clear and present danger” reports — aimed at barring applicants from receiving a firearm owner's identification card or revoking a current card for those who exhibit violent or suicidal behavior.

It's an effort by Gov. and the Illinois State Police to close a loophole two weeks after Robert E. Crimo III was charged with killing seven people at the Fourth of July Highland Park parade.

Crimo was able to get a FOID card and buy multiple guns, despite two separate 2019 incidents in which he allegedly threatened to harm himself and his family. After the suspect was charged, State Police director Brendan Kelly said there had been “insufficient basis” to deny Crimo's request for a FOID card — with family members denying his threats and no domestic violence order or court order restraining him from having a gun

Deemed a “first step” by gun control advocates, the new emergency rule is designed to allow State Police to consider a larger range of information in the definition of clear and present danger and clarify the agency's authority to use the reports.

How has this worked out?  Let me share an example from the Chief Deputy Sheriff of a Central Illinois county.

About four-plus years ago, a man who worked as a security contractor for the US began packing his bags after an argument with his wife. She noticed him wearing his carry gun and called 911 to say that he threatened her with it prior to him leaving.

Of course, the ISP revoked both his carry license and his FOID card based upon the arrest and the “Clear and Present Danger” report. The man was also suspended from his job.

A few weeks later, the local state's attorney determined the allegation to be unfounded and dismissed the case. Despite dropping the charges, it took the man two years of jumping through hoops and spending thousands of dollars to get his firearms rights restored so he could return to work.

Fast forward two years to present day. The ISP just revoked the same man over the same four-year-old “Clear and Present Danger Report.” Why? They wanted to “re-investigate” the matter and revoked both his carry license and his FOID once again while they revisit the matter.

How is that even remotely fair, just, or equitable?

It's not.

Plenty more folks have had their rights revoked because of an acute mental health crisis, some resulting from adverse reactions to medications, have also reported having the FOID cards and carry license revoked over issues already resolved at great expense. And in at least one other case, a reformed felon who litigated – at great expense – to have his gun rights restored under Illinois law was again revoked pending yet another review of his case.

That's why Guns Save Life filed suit in 2019 to challenge the FOID Act's constitutionality.  Yes, courts move at a glacial pace, but we filed for a summary judgement after the Bruen decision. Final briefs are due to the circuit court in November.

Stay tuned.

One thing's for sure, when (not if) the FOID Act is ruled unconstitutional, there won't be enough marijuana on the shelves of Land of Lincoln dispensaries to help the gun-haters cope with the loss.

Read the original article in its entirety at thetruthaboutguns.com.

8 COMMENTS

  1. If the state cops come to your door, do not let them in if they try you have every right to blow them off your porch. This is communism. American people gave their lives to stop communism. Illinois is a hell hole. You people who live there better start defending your freedoms. State cops are the new Gestapo for the democrat party. Did you get that DOJ FBI or any other government justice system. You have become the enemies of the American people. You want war its coming.

    • This is but one more way the left wing socialists are attempting to disarm the people of this country. That’s a very good reason to not register any type weapons you have, because then they know what you have and where to find them. It does seem as if this left wing government is trying to have the citizens to rebel and start that second war for independence so they can unleash the military and government policing agencies against us. This country will destroy it’s self and there will no longer be a United States of America. What a sad ending for a once great country.

  2. In a recent poll 40% of the American People believe a civil war is coming. This will only increase it happening.

  3. Are the state police going to include the Chicago criminals in their confiscation of guns or is that new law just for law abiding citizens with no due process?

  4. The confiscated gun people need to get the list of 300 and find out how many had their guns taken with out due process. Then do a class action against the police in this case. CONTACT the NRA for help….they have great lawers.

  5. I am so glad that I no longer reside in the People’s Republic of Illinois. I still have my “FOID card” as a souvenir, and my pals in Louisiana were dumbfounded that any such system existed. Now, I can open-carry a firearm anywhere in my new state. Anyone who doesn’t get out of Illinois NOW is marching into the cattle chute to Dachau. Good luck, my friends; I really do wish you the best. But PLEASE, get out of that state. While you can. And deny them your tax dollars, which are no small expense, and I left in 1985. Bon chance, mes amis!

  6. It appears the police are enticing people to transfer their weapons to another private party without going through an FFL holder. Isn’t this violating the communist “universal background check” requirements? Sounds like blatant entrapment to me.

  7. “Firearms rights restored” . where do I get my “Bill Of Rights” Card. .? Ie… Or my Freedom of speech card? Hello? Do I need a card for every amendment? Where do I get my 4th amendment card to sue the evelovinshitouta these communists bastas executing unlawful search and seizure?

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