{"id":312,"date":"2022-10-02T09:42:40","date_gmt":"2022-10-02T09:42:40","guid":{"rendered":"https:\/\/gunsandpride.com\/?p=312"},"modified":"2022-10-02T09:42:40","modified_gmt":"2022-10-02T09:42:40","slug":"illinois-state-police-revoke-foid-cards-without-due-process-gov-hasnt-nominated-a-single-member-for-the-foid-appeals-board","status":"publish","type":"post","link":"https:\/\/gunsandpride.com\/?p=312","title":{"rendered":"Illinois State Police Revoke FOID Cards Without Due Process; Gov. Hasn&#8217;t Nominated A Single Member For the FOID Appeals Board"},"content":{"rendered":"<p> <br \/>\n<\/p>\n<div>\n<div class=\"td-post-featured-image\">\n<figure><a href=\"https:\/\/cdn0.thetruthaboutguns.com\/wp-content\/uploads\/2022\/09\/FOID-cards.jpg\" data-caption=\"Image courtesy Illinois State Police\"><noscript><img loading=\"lazy\" decoding=\"async\" width=\"696\" height=\"463\" class=\"entry-thumb td-modal-image\" src=\"https:\/\/cdn0.thetruthaboutguns.com\/wp-content\/uploads\/2022\/09\/FOID-cards-696x463.jpg\" srcset=\"https:\/\/cdn0.thetruthaboutguns.com\/wp-content\/uploads\/2022\/09\/FOID-cards-696x463.jpg 696w, https:\/\/www.thetruthaboutguns.com\/wp-content\/uploads\/2022\/09\/FOID-cards-300x199.jpg 300w, https:\/\/www.thetruthaboutguns.com\/wp-content\/uploads\/2022\/09\/FOID-cards-700x465.jpg 700w, https:\/\/www.thetruthaboutguns.com\/wp-content\/uploads\/2022\/09\/FOID-cards-768x511.jpg 768w, https:\/\/www.thetruthaboutguns.com\/wp-content\/uploads\/2022\/09\/FOID-cards-150x100.jpg 150w, https:\/\/www.thetruthaboutguns.com\/wp-content\/uploads\/2022\/09\/FOID-cards-632x420.jpg 632w, https:\/\/www.thetruthaboutguns.com\/wp-content\/uploads\/2022\/09\/FOID-cards-560x372.jpg 560w, https:\/\/www.thetruthaboutguns.com\/wp-content\/uploads\/2022\/09\/FOID-cards.jpg 770w\" sizes=\"auto, (max-width: 696px) 100vw, 696px\" alt=\"\" title=\"FOID cards\"\/><\/noscript><\/a><figcaption class=\"wp-caption-text\">Image courtesy Illinois State Police<\/figcaption><\/figure>\n<\/div>\n<p>Illinois remains a screwed up state, with politicians blaming law-abiding gun owners for the crimes committed almost entirely by gang members who illegally acquired their firearms.\u00a0 Why, the politicians even redirect attention from the gang violence on our streets by calling it \u201cgun violence\u201d instead.\u00a0 And now Governor J.B. Pritzker\u2019s Illinois State Police, under new \u2019emergency rulemaking,\u2019 are revoking FOID (firearm owners identification) cards for the thinnest of reasons.<\/p>\n<p>As for those who have their FOID cards revoked, they have lost their fundamental constitutional right to keep and bear arms.\u00a0 The FOID Appeals Board is set up to hear those appeals, however the governor hasn\u2019t nominated anyone for the state review board that\u2019s supposed to hear those appeals.\u00a0 Without members, there can be no quorum.\u00a0 Without a quorum, there\u2019s no business. There\u2019s no board.<\/p>\n<p>This summer, in order to cover for the failure of the FOID gun control scheme to prevent the <a href=\"https:\/\/www.thetruthaboutguns.com\/highland-park-killer-bought-his-guns-legally-despite-warning-signs\/\">Independence Day massacre in Highland Park<\/a>, the Illinois State Police filed for emergency rulemaking to allow them to revoke FOID cards more easily. <a href=\"https:\/\/www.wrex.com\/news\/illinois-news\/illinois-state-police-file-emergency-rule-change-in-foid-card-applications\/article_a9db32e2-06d9-11ed-8acd-2754bdb47f5a.html\">WREX had a story back in July about the change that explains it nicely<\/a>.<\/p>\n<p style=\"padding-left: 40px;\"><em>SPRINGFIELD, Il. \u2014The\u00a0Illinois\u00a0State\u00a0Police\u00a0(ISP), under the direction of Governor Pritzker, submitted an emergency rule change to the\u00a0Illinois\u00a0Secretary of\u00a0State\u2019s Office implementing broader use of clear and present danger reports that can bar applicants from receiving a Firearm Owners Identification (FOID) card\u00a0or revoke a current FOID card.<\/em><\/p>\n<p style=\"padding-left: 40px;\"><em>The rule change allows for the use and maintenance of historic clear and present danger information even if the subject was not actively seeking or holding a FOID card at the time a Clear and Present Danger report was made and allows for use of these reports in possible future evaluations.\u00a0<\/em><\/p>\n<p style=\"padding-left: 40px;\"><em>Since 2013, administrative rules have unnecessarily limited and complicated the ability of the\u00a0Illinois\u00a0State\u00a0Police\u00a0to consider Clear and Present Danger information over time. For example, the former administrative rule required a Clear and Present Danger to be \u201cimpending\u201d, \u201cimminent\u201d, \u201csubstantial\u201d or \u201csignificant.\u201d Clear and Present Danger under\u00a0state\u00a0law however is more broadly defined requiring \u201cphysical or verbal behavior, such as violent, suicidal, or assaultive threats, actions, or other behavior\u2026\u201d<\/em><\/p>\n<p class=\"x_MsoNoSpacing\" style=\"padding-left: 40px;\"><em>Clear and present danger reports are made by physicians, clinical psychologists, qualified examiners, school administrators, and law enforcement.<\/em><\/p>\n<p class=\"x_MsoNoSpacing\" style=\"padding-left: 40px;\"><em>This emergency rule will now allow the\u00a0Illinois\u00a0State\u00a0Police\u00a0to consider a broader range of information by simply applying the statutory definition of Clear and Present Danger. These emergency rules also will clarify ISP\u2019s authority to use and retain Clear and Present Danger reports to the fullest extent allowed by\u00a0state\u00a0and federal law.<\/em><\/p>\n<p>So, \u201callowing\u201d the ISP to \u201cconsider a broader range of information\u201d has been aggressively used by J.B. Pritzker\u2019s state cops to revoke a whole lot of people for stuff ten, twenty and even thirty-plus years ago.\u00a0 Some might even say they\u2019re abusing their newly created \u201cauthority.\u201d\u00a0 How, you ask?<\/p>\n<p>How about the fact that a Decatur, IL police officer, recovering at home after being shot in the line of duty early this year, got one of those revocation letters.\u00a0 Why?\u00a0 Because she sought treatment for an eating disorder years ago while in college.<\/p>\n<p><a href=\"https:\/\/www2.illinois.gov\/sites\/bac\/SitePages\/AppointmentsDetail.aspx?BCID=1293\">Thanks to the governor not naming a board to hear appeals from her<\/a>, she and thousands of other people stripped of their gun rights without one bit of due process have little real process to reclaim those rights.\u00a0 So they wait.<\/p>\n<p>News of this has gotten out and some media outlets are picking up on this.<\/p>\n<p><em>The Center Square<\/em> was first to investigate after I mentioned this in a radio interview.\u00a0 <a href=\"https:\/\/www.thecentersquare.com\/illinois\/as-gun-owner-permits-are-being-revoked-avenue-for-appeals-remains-narrow\/article_a19c8456-403f-11ed-a25e-37dd20e24755.html\">They then published this story.<\/a><\/p>\n<p style=\"padding-left: 40px;\"><em>(The Center Square) \u2013 There are no members appointed to the board that is set to field appeals from Illinoisans who have had their gun privileges revoked by the state.<\/em><\/p>\n<p style=\"padding-left: 40px;\"><em>Illinois law requires anyone who wants to buy or own guns or ammo to have a valid Firearm Owner\u2019s Identification card issued by Illinois State Police. Gov. J.B. Pritzker said state police have been busy confiscating FOID cards from those the state determines can\u2019t have one\u2026<\/em><\/p>\n<p style=\"padding-left: 40px;\"><em>ISP said earlier this month they have conducted more than 200 FOID enforcement details with more than 1,000 individuals surrendering their FOID cards and weapons.<\/em><\/p>\n<p style=\"padding-left: 40px;\"><em>But John Boch, with the gun-rights group Guns Save Life, said while there\u2019s a FOID appeals board in state statute, the governor has not appointed anyone to field challenges to revoked privileges.<\/em><\/p>\n<p style=\"padding-left: 40px;\"><em>\u201cGovernor Pritzker and his friends in the legislature that are leading our state have done a fine job basically taking people\u2019s FOID cards away without any due process at all,\u201d Boch told WMAY.<\/em><\/p>\n<p style=\"padding-left: 40px;\"><em>State law says an aggrieved party can appeal to the ISP director. Starting Jan. 1, 2023, they can appeal to the FOID Card Review Board. The board was created by state statute Jan. 1, 2022.\u00a0But nobody has been appointed to the board. Pritzker didn\u2019t say why he hasn\u2019t appointed any board members when asked about the issue Thursday.\u00a0<\/em><\/p>\n<p>The bottom line is gun owners in Illinois have good reason not to trust Gov. J.B. Pritzker, and under Pritzker\u2019s leadership, they may not trust the Illinois State Police either.<\/p>\n<p>Fortunately, thanks to the <em>Bruen<\/em> case coming down, I <a href=\"https:\/\/www.thetruthaboutguns.com\/freedom-what-the-bruen-ruling-portends-for-illinois-and-similar-anti-gun-states\/\">think we\u2019re going to have a very satisfactory resolution to this mess<\/a> long before we\u2019re all eating tapioca pudding in a nursing home.<\/p>\n<p>\u00a0<\/p>\n<\/div>\n<p><br \/>\n<br \/><a href=\"https:\/\/www.thetruthaboutguns.com\/illinois-state-police-revoke-foid-cards-without-due-process-gov-hasnt-nominated-a-single-member-for-the-foid-appeals-board\/\">Source link <\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Image courtesy Illinois State Police Illinois remains a screwed up state, with politicians blaming law-abiding gun owners for the crimes committed almost entirely by gang members who illegally acquired their firearms.\u00a0 Why, the politicians even redirect attention from the gang violence on our streets by calling it \u201cgun violence\u201d instead.\u00a0 And now Governor J.B. Pritzker\u2019s [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":313,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5],"tags":[],"class_list":{"0":"post-312","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-reviews"},"_links":{"self":[{"href":"https:\/\/gunsandpride.com\/index.php?rest_route=\/wp\/v2\/posts\/312","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/gunsandpride.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/gunsandpride.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/gunsandpride.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/gunsandpride.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=312"}],"version-history":[{"count":0,"href":"https:\/\/gunsandpride.com\/index.php?rest_route=\/wp\/v2\/posts\/312\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/gunsandpride.com\/index.php?rest_route=\/wp\/v2\/media\/313"}],"wp:attachment":[{"href":"https:\/\/gunsandpride.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=312"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/gunsandpride.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=312"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/gunsandpride.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=312"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}