Peace Officer and Corrections Officers have protections under the FOID Act when they either seek crisis / mental health services or are hospitalized after seeking such services. Taking care of ourselves no longer means losing our careers or being stigmatized by the system.
(430 ILCS 65/8) (from Ch. 38, par. 83-8)
Sec. 8. Grounds for denial and revocation. The Illinois State Police has authority to deny an application for or to revoke and seize a Firearm Owner’s Identification Card previously issued under this Act only if the Illinois State Police finds that the applicant or the person to whom such card was issued is or was at the time of issuance:
| (e) A person who has been a patient of a mental |
health facility within the past 5 years or a person who has been a patient in a mental health facility more than 5 years ago who has not received the certification required under subsection (u) of this Section. An active law enforcement officer employed by a unit of government or a Department of Corrections employee authorized to possess firearms who is denied, revoked, or has his or her Firearm Owner’s Identification Card seized under this subsection (e) may obtain relief as described in subsection (c-5) of Section 10 of this Act if the officer or employee did not act in a manner threatening to the officer or employee, another person, or the public as determined by the treating clinical psychologist or physician, and the officer or employee seeks mental health treatment; |
| Sec 10. (c-5) (1) An active law enforcement officer employed by a unit of government or a Department of Corrections employee authorized to possess firearms who is denied, revoked, or has his or her Firearm Owner’s Identification Card seized under subsection (e) of Section 8 of this Act may apply to the Firearm Owner’s Identification Card Review Board requesting relief if the officer or employee did not act in a manner threatening to the officer or employee, another person, or the public as determined by the treating clinical psychologist or physician, and as a result of his or her work is referred by the employer for or voluntarily seeks mental health evaluation or treatment by a licensed clinical psychologist, psychiatrist, or qualified examiner, and: (A) the officer or employee has not received |
treatment involuntarily at a mental health facility, regardless of the length of admission; or has not been voluntarily admitted to a mental health facility for more than 30 days and not for more than one incident within the past 5 years; and |
| (B) the officer or employee has not left the mental |
institution against medical advice. |
| (2) The Firearm Owner’s Identification Card Review Board shall grant expedited relief to active law enforcement officers and employees described in paragraph (1) of this subsection (c-5) upon a determination by the Board that the officer’s or employee’s possession of a firearm does not present a threat to themselves, others, or public safety. The Board shall act on the request for relief within 30 business days of receipt of: (A) a notarized statement from the officer or |
employee in the form prescribed by the Board detailing the circumstances that led to the hospitalization; |
| (B) all documentation regarding the admission, |
evaluation, treatment and discharge from the treating licensed clinical psychologist or psychiatrist of the officer; |
| (C) a psychological fitness for duty evaluation of |
the person completed after the time of discharge; and |
| (D) written confirmation in the form prescribed by |
the Board from the treating licensed clinical psychologist or psychiatrist that the provisions set forth in paragraph (1) of this subsection (c-5) have been met, the person successfully completed treatment, and their professional opinion regarding the person’s ability to possess firearms. |
| (3) Officers and employees eligible for the expedited relief in paragraph (2) of this subsection (c-5) have the burden of proof on eligibility and must provide all information required. The Board may not consider granting expedited relief until the proof and information is received |
UNIFORM PEACE OFFICERS’ DISCIPLINARY ACT 50 ILCS 725/7.2
An employer of an officer shall not make possession of a Firearm Owner’s Identification Card a condition of continued employment of the officer’s FOID Card is revoked or seized because the officer has been a patient of a mental health facility and the officer has not been determined to pose a clear and present danger to himself, herself, or others as determined by a physician, clinical psychologist, or qualified examiner
