Aurora Shooting Prompts FOID Revocation Crackdown: State Police

SPRINGFIELD, IL — Illinois State Police are taking "wide-ranging steps" to improve followup on revoked FOID cards in the wake of the tragic Feb. 15 mass shooting in Aurora. The crackdown includes increased information sharing about FOID cards, reviewing approvals for FOID cards and conceal and carry licenses (CCL), and increased enforcement on violations, state police said in a press release.

"While the weaknesses of our nation’s background check system remain daunting, we must take whatever steps we can, large and small, to strengthen the fabric of these systems because any improvement could be the one that makes the difference," ISP Director Brendan Kelly said in a statement.

"Access to firearms data within the department and outside the department by law enforcement agencies and state’s attorneys cannot be limited and siloed at the expense of public safety," Kelly added.

ISP stressed that information about revoked FOID cards and transferred firearms should be made readily available.

The gunman in the Henry Pratt shooting had a FOID card that had been revoked in 2014, but Aurora Police have said they were unable to find a notification about the revocation from Illinois State Police.

Per Illinois State Police, FOID revocation notifications were sent electronically to other law enforcement agencies via the LEADS system and remained accessible for three years.

To facilitate a more readily accessible list of revoked FOID cards, ISP says it plans to:

• Provide a complete electronic list of revoked FOID card holders to be delivered to all sheriffs, police chiefs, and state's attorneys by a designated ISP district commander
• Confirm receipt of said list
• Share FOID card revocation and firearm transfer data with Statewide Terrorism and Intelligence Center (STIC) as directed
• Modify virtual systems to include a FOID card revocation list that is accessible 24/7 to law enforcement
• Log each law enforcement agency's access to the list

Aurora shooter Gary Martin had been issued a FOID card after a felony conviction in Mississippi failed to appear in a background check. The Mississippi conviction appeared when Martin later submitted fingerprints when he applied for a firearm conceal and carry license. That led to Martin's FOID revocation after authorities learned of his 1995 felony.

Illinois State Police said they were unable to find a state identification number for Martin's Mississippi case until Feb. 21, 2019. They plan to implement the following steps to help prevent a similar situation in the future:

• Work with federal partners to "ascertain the scope of criminal cases that may have a federal identification number associated with a fingerprint record, but no correlating state identification number for Illinois"
• Work with state agencies to determine if funding to courts and law enforcement agencies can be tied to requirements for criminal record submission

Since the Aurora shooter passed a FOID background check and was able to buy a gun before his FOID card was revoked, ISP plans to take the following steps to improve its FOID and conceal and carry approval, revocation and denial system.

• Implement standardized protocol and "comprehensive checklist" for FOID and CCL application reviews
• Increase quality assurance for FOID and FCCL approvals, including random reanalysis
• Enhance FOID revocation list to indicate if FOID has been returned and if a firearm disposition record has been submitted as required by Illinois law
• Enhance revoked FOID list to include reasons for revocation, including felony convictions and mental health prohibitors
• Add records of transferred firearms to FOID revocation list

Illinois State Police also stated that enforcement of FOID laws and related penalties must be increased throughout the state's law enforcement agencies. ISP says they plan to work with local police stations to increase awareness about FOID laws and to ensure that new cadets are trained accordingly.

ISP says its officers in each zone and district have been instructed to query FOID card revocation statuses during law enforcement and investigation activity. The following steps are also being taken to improve enforcement, ISP said:

• Review list of current revoked FOID cards with state's attorney's to determine if citation or further investigation is needed
• Develop action plan for "highest risk individuals" involving search warrants and enforcement "as appropriate"
• Designate gun liaison officers to work with local law enforcement on FOID revocation details with "an emphasis on getting guns out of the hands of the most dangerous individuals"

According to ISP, the governor's office requested information in January regarding "the funding, manpower, and new cadet requirements necessary to establish a potential gun violence task force that would include FOID related enforcement."

ISP says the FOID changes were submitted on Feb. 8 and included in Gov. JB Pritzker's budget proposal for fiscal year 2020.

Read more:

• Majority of Revoked FOID Cards Not Returned: IL State Police
• Kane County Sheriff Enacts New Protocol For Revoked FOIDs After Mass Shooting
• Cook County Sheriff Wants Task Forces To Collect Guns When FOID Cards Revoked
• Lake County Sheriff To Start Checking In On Gun Owners With Revoked Licenses