Bill on Pritzker's desk could improve due process for people with revoked, denied FOID cards

SPRINGFIELD, Ill. (WAND) — A bill on Gov. JB Pritzker's desk could improve public safety while addressing the state's appeals process for FOID card decisions. Sponsors said the plan will provide more due process for people whose FOID cards are revoked or denied.

Anyone can lose their FOID card if they are reported to the Illinois State Police as a danger to themselves or others by medical professionals, law enforcement, or school officials.

House Bill 850 could establish an expedited review process for people who believe they have been wrongly deemed a clear and present danger. Gun owners would be able to receive any information related to their case and object to redactions they feel are necessary for a full and fair review.

"We're talking about situations where somebody has their FOID card revoked under Clear and Present Danger. There are a variety of elements under Clear and Present Danger," said Rep. Bob Morgan (D-Highland Park). "Specifically, when they've had their FOID card revoked and they want to find out whether or not that was based on correct information, that piece is missing now. This language would provide that."

Republicans argued lawmakers wouldn't need to pass this bill if Democrats stopped approving plans infringing on Second Amendment rights.

"We have seen the courts strike this down with other efforts," said Rep. Patrick Windhorst (R-Metropolis). "We are waiting on the U.S. Supreme Court to finally make determinations on other infringements on the Second Amendment. We need to stop infringing individuals' rights and let the courts make determinations on other infringements before we move forward."

The proposal could also improve data transparency around untraceable firearms used in crimes. Illinois State Police would have the ability to collect and publish data on cases involving guns that are stolen or missing serial numbers.

House Bill 850 passed out of the House on a 74-40 vote. It passed out of the Senate on the final day of session with a 36-17 vote.

"We can keep firearms out of the hands of dangerous individuals while ensuring everyone has the opportunity to a fair and timely review process if they believe their determination is inaccurate," said Sen. Julie Morrison (D-Lake Forest). "This bill offers a more effective appeals process and helps improve confidence in the accuracy of determinations."