State Police broaden use of ‘clear and present danger’ reports
By PETER HANCOCK
Capitol News Illinois
phancock@capitolnewsillinois.com
SPRINGFIELD – The Illinois State Police announced Monday they will start using a broader definition of what constitutes a “clear and present danger” when reviewing a person’s Firearm Owners Identification card.
That’s a factor ISP considers when deciding whether to grant someone a FOID card or to revoke or suspend a card that has already been issued.
The change is meant to address gaps in the process that were identified in the wake of the July 4 mass shooting in Highland Park. The alleged shooter in that case had been the subject of a clear and present danger investigation, but under standards used at that time, ISP determined there was insufficient evidence to support such a determination.
“These changes will immediately allow ISP to see a fuller picture of an applicant’s history and keep the people of Illinois safe from those who should not be in possession of firearms,” Gov. JB Pritzker said in a statement.
Under current law, known as the Firearm Owners Identification Card Act, ISP can deny a FOID card application or suspend or revoke an existing card for any person deemed to be a clear and present danger of harming themselves or someone else.
Under that statute, a physician, clinical psychologist or other qualified examiner can classify someone as a clear and present danger if he or she “communicates a serious threat of physical violence against a reasonably identifiable victim or poses a clear and imminent risk of serious physical injury to himself, herself, or another person.”
A person can also be classified as a clear and present danger if they demonstrate “threatening physical or verbal behavior such as violent, suicidal, or assaultive threats, actions or other behavior, as determined by a physician, clinical psychologist, qualified examiner, school administrator, or law enforcement official.”
That law requires physicians, clinical psychologists, law enforcement officers and school administrators to promptly report any such behavior to ISP.
In 2013, however, ISP filed administrative rules that provide a stricter, more limiting definition. Those rules defined a clear and present danger as someone who poses “an actual, impending, or imminent threat of substantial bodily harm to themselves or another person that is articulable and significant or who will be likely to act in a manner dangerous to public safety or contrary to the public interest if they were granted access to a weapon.”
ISP said the new rules announced Monday will revert to the original, statutory definition, allowing them to consider a broader range of information when determining whether someone poses a clear and present danger.
The 2013 rule also prohibited ISP from maintaining report records of people who are not determined to be a clear and present danger. The new rules would require ISP to maintain those records.
ISP adopted the new definitions through what are known as “emergency rules.” That’s allowed under state law when an agency determines it needs to take swift action to protect public interest, safety or welfare. But those rules are still subject to review by the General Assembly’s Joint Committee on Administrative Rules, or JCAR, whose next scheduled meeting is Aug. 17.
ISP said it also plans to submit the changes to JCAR in the form of permanent rules through the regular rulemaking process as well.
ISP took the rulemaking action in response to the July 4 shooting in Highland Park after authorities announced the local police department had several interactions with the alleged Highland Park gunman that predated his application for a FOID card. ISP did not judge any of those interactions as disqualifying for firearm ownership under the previous administrative rules.
In September 2019, according to ISP, the Highland Park Police Department filed a clear and present danger report regarding the man who is now the suspect in the July 4 mass shooting, Robert Crimo III. The report indicated Crimo had made threats to his family.
When police went to Crimo’s house, both he and his mother denied there had been any threat of violence and Crimo told police he did not feel like hurting himself or others. The reviewing officer concluded there was insufficient evidence, under the standards in place, to support a clear and present danger determination.
At the time of that incident, Crimo had not applied for a FOID card. Roughly three months later, however, he did apply for a FOID card and, because he was only 19 at the time, his father sponsored his application.
When his application was reviewed in January 2020, according to ISP, there was insufficient information to deny his application on the basis that he posed a clear and present danger.
Last week, state Rep. Mark Batinick, R-Plainfield, filed legislation that would hold parents criminally liable for damages caused by their minor children whenever the parent consents to their child getting a FOID card. As of Monday, it had two cosponsors, one Republican and one Democrat.
Capitol News Illinois is a nonprofit, nonpartisan news service covering state government that is distributed to more than 400 newspapers statewide. It is funded primarily by the Illinois Press Foundation and the Robert R. McCormick Foundation.
Local News
Many crimes down in Orland, but weapons arrests concerning
Spread the loveBy Jeff Vorva Orland Park Police Chief Joseph Mitchell had mostly good news when revealing the village’s 2021 crime statistics. But one glaring area that has him bothered is the number of unlawful use of a weapon arrests that have been shooting up. Mitchell and Mayor Keith Pekau attribute it to felons from…
Former GOP allies to battle for county board race
Spread the loveGorman wants to reclaim seat from Morrison By Bob Bong A battle royale is brewing in the race for the Republican nomination for Cook County Board’s 17th District. The 17th District is one of only two county board seats held by Republicans and it has only ever had a Republican commissioner dating back…
Palos Park inches closer to gaming solution
Spread the loveBy Jeff Vorva Signs are pointing to the fact there probably will be limited video gaming in Palos Park. Mayor John Mahoney and the village council rejiggered a few things with an ordinance and some of the village codes and the end result is that Monday they asked village attorneys to look into…
Police reports
Spread the loveShot in the head, killed on Archer A 33-year-old man was shot in the head and killed as he drove a vehicle in the 4200 block of South Archer at 5:13 a.m. Saturday, Jan. 22. The victim was taken to Mount Sinai Hospital, where he was pronounced dead at 5:47 a.m. Police said…
Tabares backs West Lawn Branch Library
Spread the love Twenty-third Ward Ald. Silvana Tabares (left) recently toured the renovated West Lawn Branch Library, 4020 W. 63rd St.,, with new branch manager Mina Duarte. Details about the renovation’s may be found in the West Lawn column in the January 28 Greater Southwest News-Herald. –Supplied photo
Chuy backs Starbucks unionization
Spread the love U.S. Rep Jesús “Chuy” García (D-4th), white mask, recently stood with those who support unionization of Starbucks workers, outside a shop in the city. Workers are attempting to organize under the banner of Chicago and Midwest Joint Board, Workers United, an affiliate of the Service Employees International Union. –Supplied photo
‘Grizzled’ sophomores help Naz beat Marist
Spread the loveBy Jeff Vorva Staff Writer Nazareth’s “grizzled veterans” have won 19 of their first 20 games. The Roadrunners’ were victorious in a big East Suburban Catholic Conference showdown with Marist, with two sophomores doing most of the damage in a 53-42 win in LaGrange Park on Jan. 19. Nazareth improved to 19-1, 4-0.…
Postseason Sports Report: Area stars ready for state bowling and dancing
Spread the loveBy Jeff Vorva Staff Writer The first two IHSA state tournaments for winter sports will take place this weekend, and an army of area athletes will be competing in both. The boys bowling and competitive dance championships will be held Friday and Saturday, with the bowlers heading to St. Clair Bowl in O’Fallon…
Strus tops former coach in Stagg’s win over Sandburg
Spread the loveBy Jeff Vorva Staff writer Marty Strus has nothing but good things to say about his former high school coach, John Daniels. “He’s meant a ton to me,” Strus said of the coach he faced off against last week when his Stagg Chargers took on Sandburg. “He meant a lot to me as…
Neighbors
Township of Lyons donates $10,000 to help food pantries
Spread the loveBy Steve Metsch The Township of Lyons board was in a giving mood at its most recent meeting. The board approved sponsorships and donations totaling $12,250. The largest donation was $10,000. It went to the Greater Chicago Food Depository which runs 12 monthly mobile food pantries in the township each year. Supervisor Christopher…
Countryside zoning commissioner honored for 20 years on board
Spread the loveBy Steve Metsch For the past 20 years, Tina Grotzke has had a say-so in every development that’s come to Countryside. Grotzke was appointed to another term on the city’s the plan commission zoning board of appeals during the city council’s meeting on June 12. Mayor Sean McDermott noted Grotzke’s two decades of…
Nuccio bids farewell to Indian Springs SD 109
Spread the loveBy Carol McGowan After 25 years of serving the area, 22 of those at Indian Springs School District 109, Dr. Blair Nuccio is set to retire. Dr. Nuccio was the assistant superintendent at District 109 before becoming superintendent in July of 2017. Prior to that, he spent three years as the superintendent at…
A real knockout
Spread the loveLyons boy, 10, heads to boxing nationals By Steve Metsch Dario Lemus Jr., has yet to knock out an opponent in the boxing ring. Give him time. After all, the 10-year-old Lyons boy has only been boxing for 18 months. “I’ve dropped two kids, but not like a knockout,” Dario said with a…
New Middle Eastern coffee shop opens next to Bridgeview courthouse
Spread the loveBy Nuha Abdessalam Coffee connoisseurs take heart, Bridgeview Court Plaza’s newest addition, The Qahwa, is now open. Prepare to be captivated by a truly unique Middle Eastern coffee experience, nestled in the heart of Bridgeview’s “Little Palestine.” The Qahwa, with its one-of-a-kind Middle Eastern coffee blends and inviting atmosphere, is a haven for…
Temps were hot, but golfers were cool
Spread the love. Kathy Headley Your correspondent in Chicago Lawn and Marquette Manor 6610 S. Francisco • (773) 776-7778 . The weekend of June 22/23 started with temps in the 90s, a high humidity both days and the threat of rain loomed throughout the weekend as well. This is not unusual for the third week…
Oak Lawn Fourth of July festivities
Spread the loveCelebrate Independence Day at the Village of Oak Lawn’s annual Fourth of July Parade at 4 p.m. on Saturday, June 29! This cherished community event brings together families, friends, and neighbors to honor the spirit of freedom and patriotism. Parade will step off at 95th Street and Lacrosse and head west on 95th…
District 230 names Director of Safety and Security
Spread the loveFrom staff reports The Consolidated High School District 230 Board of Education approved Dr. Mary Pat Carr as the district’s first Director of Security. She will move from her current position as Assistant Principal of Activities at Stagg High School to the Administrative Center on July 1. Her duties as Director of Safety…
Worth Public Library kicks off summer reading program
Spread the loveBy Kelly White Patrons at the Worth Public Library welcomed in the summer season earlier this month. The library, 6917 W. 111th St., hosted its annual celebration on June 1 to bring patrons of all ages out to sign up for its summer reading program. “We love any excuse to celebrate reading with…
Fire knocks out Orland’s UFC Gym
Spread the loveFrom staff reports A fire last Thursday afternoon practically destroyed an Orland Park gym and knocked out neighboring businesses, as well. Orland Park firefighters received a call at 2:31 p.m. June 20 for a reported fire in the UFC Gym located at 66 Orland Square Drive Unit C. Multiple 911 calls were received for a…