I think the argument is the almost (~360) daily FOID check is only checking a few databases for a reported violation and not the full set of databases that an application/renewal check goes through.
Original license (no prints) expires 4/16/19
Submitted renewal (no prints) 1/15/19 - status "under review" as of 1/17/19
Question: Somewhere I've read that CCL/FOID license holders are background checked daily/weekly to continually ensure their status is correct. Amounting to hundreds of background checks per year.
If so, wouldn't renewal of a valid license essentially be nothing more than a rubber stamp?
I believe what I read referred to the daily FOID check plus a weekly NICS check. Both of which should be pretty fast I'd think. What else is there?
Sorry, kind of long but I could not find the original post. Came from a court document filing from ISP. Format is a bit messed up.
The first phase involves verifying an applicant’s identity.
R. 568. An Illinois resident’s identity is verified through the Illinois Secretary of
State’s driver’s license or state identification systems. R. 569. For nonresidents,
because the Illinois State Police “does not have direct access to other states’ driver’s
license, state ID or similar databases,” it must rely on the National Law Enforcement
Telecommunications System database “to check the validity of an out of state
driver’s license, including personal identifiers of the individual and address.” Id.
The database itself, however, is limited because it does not currently share
“identifying photographs or signatures” with the Illinois State Police and because not
all states participate fully in this system. Id.
Once the applicant’s identity is verified, the Bureau
performs an extensive background check through numerous state and national
systems. R. 568. For instance, it must verify that an “applicant’s criminal history
does not render the applicant ineligible.” R. 569. For Illinois residents, this includes
a review of the applicant’s criminal history through federal systems, as well as two
systems maintained by the Illinois State Police: the Criminal History Record Inquiry
system and the Computerized Hot Files system. R. 568-69.
For nonresidents, the Bureau does not have “direct access to other states’ local
or state criminal history databases, so [it] relies on federal databases to obtain out-of-
state criminal history information.” R. 569-70. These include (1) the National
Instant Criminal Background Check System, which identifies denied-persons files,
among others; (2) the Interstate Identification Index, a national criminal history
record system; (3) the National Law Enforcement Telecommunications System,
which contains information on the continued validity of state-issued concealed carry
licenses; and (4) the National Crime Information Center, which consists of 21 distinct
files, such as the National Sex Offender Registry, Foreign Fugitives, Immigration
Violations, Orders of Protection, and Wanted Persons. R. 569-70.
Trame stated that these federal databases are insufficient for purposes of
verifying eligibility for a concealed carry license because states do not provide them
with complete or uniform information. R. 569-70. For instance, “[m]any states
provide the federal databases with only a summary of an arrest” but not the
disposition of the charge. Id. When the federal databases do not contain complete
information, the Bureau would need to request a record from the local jurisdiction
itself. Id. Local jurisdictions often charge for these records, and the Illinois State
Police has limited resources. R. 570.
As another component of the background check, a resident “applicant’s
information is made available to Illinois law enforcement agencies, which may submit
an objection to a [concealed carry license] applicant based upon a reasonable
suspicion that the applicant is a danger to himself, herself, or others, or is a threat to
public safety.” R. 569. Upon receipt of an objection, the application is referred to the
Concealed Carry Licensing Review Board. Id. An applicant becomes ineligible for a
license if that board determines by a preponderance of the evidence that he poses
such a danger or is a threat to public safety. Id.
Mental Health Prohibitors.
The Bureau must also verify that the applicant
does not have any mental health prohibitors, an analysis that overlaps in part with
the background check. R. 571. For Illinois residents, the Bureau consults the Illinois
Department of Human Services FOID Mental Health System, which contains “information on Illinois mental health facility admissions,” “to determine whether an
individual has been involuntarily admitted into a mental health facility in Illinois or
has been a patient in a mental health facility in Illinois within the past five years or
more.” Id. This database does not contain records “of out-of-state mental health
facility admissions,” and the Bureau does not have “access to other states’ mental
health facility admissions databases, if any exist.” Id.
As for federal databases, only the National Instant Criminal Background
Check Index contains information related to mental health prohibitors, but that
information is largely limited to individuals prohibited from firearm possession under 18 U.S.C. § 922(g)(4). Id. It contains no information on voluntary mental health
admissions, and its information on formal mental health adjudications is sparse. Id.
Even after an applicant obtains a concealed carry
license, the Illinois State Police continues to monitor the individual in various ways.
Id. To begin, the Bureau checks on a daily basis all resident license holders against
the Illinois Criminal History Record Inquiry system and the Illinois Department of
Human Services FOID Mental Health System for any new prohibitors that would render them ineligible to hold a FOID Card or a concealed carry license. Id.
Additionally, the Bureau checks all resident and nonresident license holders “against
the federal databases on a quarterly basis.” Id.
There is also an extensive system of in-state reporting to alert the Bureau of
new prohibitors that might not show up in those databases. R. 571-72. For example,
Illinois physicians, qualified examiners, law enforcement officials, and school
administrators are “required by law to report persons that may be a clear and
present danger to themselves or others.” R. 571. Likewise, state circuit court clerks
are required to report “persons who have been adjudicated as mentally disabled or
persons who have had a finding for an involuntary admittance to a mental health
facility.” R. 572. Finally, the Illinois Department of Human Services reports
“information collected pertaining to mental health treatment admissions, either
voluntary or involuntary, as well as reports of patients with intellectual and
developmental disabilities, or who have been deemed to be a clear and present
danger.” Id. None of these systems, however, reaches out-of-state residents. R. 571-
72. Therefore, Trame explained, as with the initial background check, the Bureau is
dependent upon other states to have a substantially similar system to monitor the
licensees. Id. Otherwise, it would be “virtually impossible to effectively conduct this
same level of screening and monitoring for nonresident [licensees].” R. 572.
In light of the foregoing and her experience as Bureau Chief overseeing these
programs, Trame concluded that if the Illinois State Police were required “to accept
nonresident applications from states that lack reporting and eligibility requirements
similar to Illinois, the background check process would be jeopardized because [the
Illinois State Police would be] unable to verify those nonresidents’ credentials to the
same standards as Illinois residents are held.” R. 573.