Illinois Valley Times

State Sen. Sue Rezin (R-Morris) noted that Republican lawmakers questioned the Illinois State Police (ISP) over their assertion that they had no authority to deny a FOID card to the alleged Highland Park shooter.

During a Joint Committee on Administrative Rules (JCAR) meeting, Republican lawmakers grilled ISP about the assertion; an August Capitol News Illinois report said. The alleged shooter, Robert Crimo III, had applied for a FOID card to allow him to purchase firearms in 2019, just three months after an individual filed a clear and present danger report because Crimo had threatened to "kill everyone."

Crimo was not arrested after that incident, and although the Highland Park police forwarded the report to ISP, ISP discarded it because Crimo did not have a FOID or a pending application at that time; the Capital News report said. ISP stated at the meeting that its hands were tied because of rules in place at the time. Several weeks after the July 4 shooting, ISP issued a new emergency rule stating that it will maintain clear and present danger reports, even if the subject of the report does not have a FOID or a pending application. At the JCAR meeting, the rule was decided upon and allowed to stand.

“Today’s rule change makes it clear to everyone that the Pritzker Administration accepts the fact that it had the authority and ability to enforce and strengthen our state’s existing laws and rules, which the Governor himself promised to do over three years ago,” Rezin said in an Aug. 17 news release from her office. “We all recognize the vital importance of keeping firearms out of the hands of dangerous individuals, and it is infuriating to learn that our state had the ability to prevent the Highland Park shooter from obtaining a FOID card if it wasn’t for the Administration tying its hands with its own rules. The fact of matter is it took a horrific act of senseless violence for the Governor’s Administration to acknowledge this reality and keep the promise he made to the people of Illinois.”

State law allows local law enforcement officials and school administrators to file "clear and present danger" requests with ISP in the event that they believe someone, "if granted access to a firearm or ammunition, pose an actual, imminent threat of substantial bodily harm to themselves or others," an NBC 5 Chicago report said. ISP can then reject a FOID card application if the individual has submitted one or revoke an already-issued FOID card.

In September 2019, Highland Park police sent a clear and present danger report to ISP regarding Crimo after the individual allegedly threatened to "kill everyone" in his home, the NBC 5 report said. Local law enforcement confiscated 16 knives, a dagger and a samurai blade from the residence but returned them later that same day. Several months after that incident, Crimo filed a FOID application, which was approved. He subsequently purchased five weapons legally over the next two years.

The new emergency rule aims to expand the use and broaden the definition of clear and present danger reports, stating "administrative rules have unnecessarily limited and complicated the ability of the Illinois State Police to consider Clear and Present Danger information over time," the NBC 5 report said. Under the new rule, “physical or verbal behavior, such as violent, suicidal, or assaultive threats, actions, or other behavior" would meet the qualifications for a clear and present danger report.