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Background CCL vs FOID


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#1 bilder

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Posted 21 June 2019 - 05:50 AM

What are the differences in the depth of background checks beside the local objection for the CCL?



#2 Davey

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Posted 21 June 2019 - 07:55 AM

Probably nothing .

#3 Glock23

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Posted 21 June 2019 - 09:07 AM

Background check for CCL is more in depth. There've been multiple cases of people applying for a CCL, being denied and subsequently having their FOID revoked because the CCL check found something the FOID check didn't.
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#4 geo.ulrich

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Posted 21 June 2019 - 09:46 AM

Isn't odd that if you have a ccl then you still need a foid , why the two checks if you pass the one that's more stringent ....


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#5 Bubbacs

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Posted 21 June 2019 - 09:53 AM

There are a ton of threads about why this is
And bottom line is there is NO good reason and yet a good reason too!

But remember, you don’t have to carry the foid IF you have your ccl on you.
Course that’s also been discussed a ton of times here

But I threw that in there as it’s a hot button topic and just might jump start some of the same conversations!

#6 InterestedBystander

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Posted 21 June 2019 - 11:56 AM

Sorry this is long. Pulled from an attachment in a prior court case. It is the most detailed discussion of ISP BG checks I have seen.

Identification.
The first phase involves verifying an applicants identity.R. 568. An Illinois residents identity is verified through the Illinois Secretary of States drivers license or state identification systems. R. 569. For nonresidents,because the Illinois State Police does not have direct access to other states drivers 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 drivers 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 ignatures with the Illinois State Police and because not all states participate fully in this system. Id.

Background Check.
Once the applicants 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 applicants criminal history does not render the applicant ineligible. R. 569. For Illinois residents, this includes a review of the applicants 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 applicants 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.

Continued Monitoring.
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.

FOID and FCCL Process
Illinois State Police (ISP) conducts criminal history background checks on all Firearm Owners Identification (FOID) applicants. The FOID background check process consists of a name and date of birth check; queries are then conducted through Illinois and the Federal Bureau of Investigation (FBI) Criminal Justice Information Services (CJIS) national databases.

The Illinois databases utilized for a FOID background are: Law Enforcement Agency Data System (LEADS) Computerized Hot Files, Illinois Criminal History Record Information (CHRI), Secretary of State, and the Illinois Department of Human Services.

The FBI-CJIS national databases utilized for a FOID background are: National Crime Information Center (NCIC), Interstate Identification Index (III), National Instant Criminal Background Check System (NICS), and the United States Department of Homeland Security (DHS) Immigration Alien Inquiry (IAQ) for applicants who are not United States citizens.

A valid FOID card is required to purchase a firearm. The status of the FOID card must be checked by a Federal Firearms License (FFL) dealer. Approval is required through the Firearm Transfer Inquiry Program (FTIP) prior to the release of a firearm. Person-to-person transfers of firearms require the seller to check the validity of the buyers FOID card on the ISPs website.

Fingerprints are not required for a Firearms Concealed Carry License (FCCL) application. To obtain fingerprints for a FCCL application, the applicant must go to an Illinois licensed Live Scan vendor. The vendor reviews the photo identification submitted to confirm demographic information that will be transmitted with the fingerprints. The vendor enters the proper FCCL purpose code and obtains the fingerprint images. The vendor then transmits the fingerprint, demographic package, and photograph to the ISP Bureau of Identification (BOI) as a Fee Applicant transaction.


The submission package is quality-control checked by the Automated Biometric Identification System (ABIS). The fingerprints are checked for a biometric match to any existing set of fingerprints maintained by the ISP in the ABIS. After this Illinois biometric search, the ABIS communicates to the CHRI database to either establish a new Illinois state identification number (SID) or update an existing SID. CHRI creates the Illinois response that will include all Illinois criminal history records associated with the fingerprints including conviction, non-conviction and sealed events.

The Illinois CHRI response is electronically submitted to the Firearm Services Bureau (FSB) for further processing. Simultaneously, CHRI sends ABIS a message to forward the fingerprint package to the FBI to launch a biometric search of the FBI's Next Generation Identification (NGI) system. The NGI system contains fingerprint based criminal history records submitted from all the states.

If the fingerprints are a match to an existing criminal history record in NGI, the FBI will respond with criminal history information that has been provided to the FBI from the State Identification Bureaus (SIBs).

NGI may not contain all relevant criminal history records from all states for an individual. The completeness of the NGI record is dependent upon the SIB to properly forward the state criminal history records to NGI. Some factors impacting a state's submission to NGI include state law restrictions, technical system failures, and quality-control rejections at the FBI. The FBI sends the response to CHRI and the response is electronically submitted to the FSB for review. According to a 2013 report, Improving the National Instant Background Screening System for Firearms Purchases by the National Consortium for Justice Information and Statistics, at least 25% of felony convictions are not available to NICS. Due to this massive, ongoing problem, the U.S. Congress passed the Fix NICS Act in 2018 to help ensure maximum coordination and automation of the reporting or making available of appropriate records to the NICS.

Edited by InterestedBystander, 21 June 2019 - 01:42 PM.

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#7 geo.ulrich

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Posted 21 June 2019 - 12:09 PM

The only real reason I can see is more $$$$$ for another check


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#8 Euler

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Posted 21 June 2019 - 12:49 PM

... According to a 2013 report, Improving the National Instant Background Screening System for Firearms Purchases by the National Consortium for Justice Information and Statistics, at least 25% of felony convictions are not available to NICS. ...


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#9 axel2078

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Posted 03 July 2019 - 09:52 AM

But remember, you don’t have to carry the foid IF you have your ccl on you.

I'm curious... how does this work when you go to a store to buy ammo?  Will they still insist on you showing them a FOID card?


Edited by axel2078, 03 July 2019 - 09:52 AM.


#10 Illini2A312

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Posted 03 July 2019 - 09:58 AM

But remember, you don’t have to carry the foid IF you have your ccl on you.

I'm curious... how does this work when you go to a store to buy ammo?  Will they still insist on you showing them a FOID card?

Some still do, might depend on how the POS system is set up and/or how informed the staff working on a particular day is about the law.




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