(The Center Square) – Illinoisans who are either denied a Firearm Owners ID Card or had their FOID card revoked could have a process to get their rights back with a measure that cleared the General Assembly Saturday.
House Bill 850 was approved out of the Illinois House earlier in the week. On the last day of session, state Sen. Julie Morrison, D-Lake Forest, said the measure gives gun owners more due process to appeal a decision from the FOID Card Review Board.
“It improves the FOID card process, providing more due process, more access to records,” she said Saturday.
State Sen. Neil Anderson, R-Andalusia, said calling this due process is a misnomer.
“This is a lack of due process,” he said during floor debate. “This is giving state police the ability to take a constitutional right away. And then the gun owner having to petition the court to get his right back.”
The measure also provides for Illinois State Police to track certain types of firearm data.
Morrison said House Bill 850 will assist in both maintaining public safety and individual rights.
“It’s critical to preserve the ISP ability to take immediate administrative action, including the revocation of FOID cards when necessary, while ensuring a transparent process for reviewing and correcting erroneous determinations,” Morrison said.
State Sen. Terri Bryant, R-Murphysboro, said the measure goes further to give FOID Card Review Board members immunity.
“This prohibits ISP and the FOID Card Review Board from being held liable for damages in any civil action arising from the alleged wrongful or improper granting, denying, renewing, revoking, suspending or failing to grant, deny, renew, revoke or suspend a firearm owner’s identification card,” Bryant said during debate. “With this bill, we’re taking away the ability to have civil litigation against the review board, for review board and against ISP on all of these FOID issues.”
After clearing the General Assembly Saturday, the measure can now be sent to the governor’s desk.
