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Illinois State Police Provide Additional Information Related to the FOID Process and Gary Martin

mauserme

By mauserme
in Illinois Politics

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mauserme Member

mauserme

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Following is an ISP press release related to Gary Martin and the FOID/FCCL process:

 

 

 

Illinois State Police Provide Additional Information Related to the FOID Process and Gary Martin

Springfield, IL - The following statements are being made in response to inquiries from the media and the public.

 

The only way we can honor those who died - the only way we will ever be safer- is to shine the brightest light on the good, bad, and ugly of this system and to lay bare for the public and policy makers the depth and breadth of our vulnerabilities, stated ISP Acting Director Brendan F. Kelly.

 

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.

 

Once an individuals FOID is revoked, Illinois law requires a revoked FOID card holder to both surrender their FOID card and complete a Firearm Disposition Record within 48 hours of receiving notice of the revocation. The FOID Act requires ISP to notify local law enforcement when an individuals FOID has been revoked. There is no statutory requirement for the local law enforcement agency to acknowledge receipt of FOID revocation notifications. The Firearm Disposition Record would document the name, address, and FOID number of the individual receiving any transferred firearms from the revoked FOID card holder. A revoked FOID card holder can lawfully transfer their firearm(s) to a valid FOID card holder or to the local law enforcement agency in the area in which the revoked FOID card holder resides. The Firearm Disposition Record requires that the revoked FOID card holder must obtain a signature from the local law enforcement agency receiving the Firearm Disposition Record. The local law enforcement agency is required to mail the completed form to the Illinois State Police.

 

Please visit the following links for additional information:

 

Illinois State Police Firearms Services Bureau

https://www.ispfsb.com/Public/Faq.aspx

 

430 ILCS 65/9.5

http://www.ilga.gov/legislation/ilcs/documents/043000650K9.5.htm

 

Gary Martins FOID and FCCL Application

Upon receipt of Gary Martins FOID application on January 17, 2014, a query was conducted through the Illinois and FBI-CJIS databases. As a result of the queries, Martins Illinois criminal history revealed no prohibiting factors to obtain a FOID. Additionally, Martins Mississippi arrest information was not revealed in any of the national databases. ISP contacted the Mississippi Department of Public Safety to inquire about the lack of a Mississippi SID. As of February 20, 2019, a Mississippi arrest response did not return in any of the national databases listed. As of February 20, 2019, a Mississippi SID still did not exist for this arrest within the national databases.

 

Only as of February 21, 2019, does a Mississippi SID appear when Martin is searched through the databases referenced above.

 

In 2014, ISP did not maintain criminal history responses for approved applications. ISP believes that an Illinois SID number and FBI number would have been generated. However, no Mississippi SID number would have been attached to the criminal history response.

 

On March 16, 2014, the ISP received an FCCL application from Martin. Unlike the FOID application, FCCL applicants may choose to submit fingerprints as a component of their application. If fingerprints are submitted, statutory processing time is reduced from 120 days to 90 days. Martin submitted fingerprints with his FCCL application, and his fingerprint background check produced a Mississippi Department of Corrections entry noting a charge of aggravated assault with incarceration of 5 years. FCCL staff then obtained Mississippi court records which included a criminal disposition plea of guilty for aggravated assault, showing a sentence of 10 years and a requirement to undergo psychological screening.

 

Upon receipt of the court documents, Martins FCCL application was denied on March 26, 2014. A letter dated April 15, 2014, was sent to Martin notifying him of his FCCL application denial as well as indicating he was no longer eligible for a FOID card. Martin was notified he was responsible for surrendering his FOID card and any weapons in his possession. FCCL staff notified FOID staff for purposes of revoking Martins FOID card. Martins FOID card was subsequently revoked on April 17, 2014.

 

The ISPs procedure in 2014 was to notify local, county, and state law enforcement of the revocation, where the FOID card holder resides, electronically by means of the LEADS system. ISP records do not contain a copy of an electronic notification sent to law enforcement for Martin. These LEADS administrative messages are only maintained for three years. As of March 16, 2015, notification to law enforcement regarding FOID revocations is made via a typed letter sent through the United States Postal Service. After an exhaustive search of paper and electronic records, neither Martins FOID card nor a related Firearms Disposition Form could be located.

 

Documents relating to Martin are included.

 

FOID and Enforcement Statistics

In 2018, 10,818 FOID Cards were revoked. In 2018, ISP received only 2,616 Firearm Disposition Records. During that year, only 3,469 FOID cards were returned to ISP. More than 75% of FOID card revocations failed to result in a Firearms Disposition Record being returned.

 

From 2014 through 2019 (YTD) there have been a total of 110 arrests for violation of 430 ILCS 65/9.5(a) - Failure to Return FOID card or/ not submitting a Firearm Disposition Record. In 2018, there were only 10 arrests statewide for this offense. Therefore, of the 7,531 revocations that did not result in a Firearm Disposition Record being returned, less than 0.004% of revocations resulted in an arrest or conviction.

 

There are currently 2,285,990 active FOID cards and 325,187 active FCCL statewide. Of FCCL holders, only 126,559 submitted fingerprints with their applications. Therefore, only 0.06% of FOID card holders were fingerprinted as part of the FOID/FCCL application process.

 

A list of active FOID cards by county as of February 21, 2019, is included.

 

A list of revoked FOID cards by county as of February 21, 2019, is included.

 

From 2014-2018, the Illinois State Police received over 944,500 new FOID Applications (please see breakdown below):

 

Year

Applications Received

Revocations

2014

170,178

6,461

2015

163,172

9,511

2016

187,947

11,335

2017

166,649

10,020

2018

256,353

10,818

 

A survey of the States for estimates of available records under the NICS Improvement Amendments Act (NIAA) concluded more than 7 million criminal records are not available to NICS.

(See attached file: ISP-FOID-Martin Information 20190221.pdf)

 

(See attached file: Martin, Gary Montez_Redacted-FOID-CCL Documents.pdf)(See attached file: ISP- Revoked FOID Cards by County 2018.pdf)(See attached file: ISP Active FOID_2.21.2019.pdf)(See attached file: ISP Active CCL 2.21.2019.pdf)

 

###

 

 

 

Martin, Gary Montez_Redacted-FOID-CCL Documents.pdf

ISP- Revoked FOID Cards by County 2018.pdf

ISP Active FOID_2.21.2019.pdf

ISP Active CCL 2.21.2019.pdf

 

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Sweeper13 Member

Sweeper13

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Thanks for the info. Crazy how many different databases there are. I had to do a list just to follow. Again the politicians are going to make a new law, create another bureaucracy ,more jobs for there cronies. Im sure in some of there minds is, kicking in the doors and confiscation. It shows that you can make all the laws and somebody will slip thru and/or not abide by them. We see it all day,everyday.

 

Law Enforcement Agency Data System (LEADS)
Federal Bureau of Investigation (FBI)
Criminal Justice Information Services (CJIS)
Illinois Criminal History Record Information (CHRI)
Secretary of State, and the Illinois Department of Human Services
National Crime Information Center (NCIC)
Interstate Identification Index (III)
National Instant Criminal Background Check System (NICS)
United States Department of Homeland Security (DHS)
Immigration Alien Inquiry (IAQ)

Automated Biometric Identification System (ABIS)
Illinois state identification number (SID)
Firearm Services Bureau (FSB)
State Identification Bureaus (SIBs
FBI's Next Generation Identification (NGI)

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ILgunguy Member

ILgunguy

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I see how this works now...

 

A FOID application means the ISP does a DOB/name check with FBI and CJIS. The IL DB uses LEADS, CHRI, and IL Dept of Hum Serv. Together, FBI-CJIS covers NCIC, III, NICS, and DHS-IAQ. If passed, the FOID is checked by an FFL through FTIP which is part of the ISP.

 

A FCCL application with fingerprints from a LS vendor, gets sent to ISP BOI which is QC'd by ABIS, which is sent to CHRI to get or update a SID, which then CHRI submits to FSB and ABIS to tell the FBI to use the NGI which then communicates to SIB about the disposition of the applicant.

 

So again, it is FOID = DOB in FBI-CJIS (NCIC+III+NICS+DHS-IAQ)+LEADS+CHRI+IDHServ. If "Yes," then FFL + FOID = good purchase.

 

FCCL = FOID( DOB in FBI-CJIS (NCIC+III+NICS+DHS-IAQ)+LEADS+CHRI+IDHServ) + LS (fingerprints) + ISP BOI + ABIS + CHRI + FSB + FBI-NGI + SIB). If "Yes," then FFCL Permit Awarded. If "No," then a letter.

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anonymous too Member

anonymous too

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So why aren't the antis out there clamoring for more $$ for FOID enforcement?

 

How about it, folks? We know you're reading this. Too busy concocting your next ineffectual gun ban to actually do some real work?

 

I guess you missed the news yesterday. Dart wants mandated FOID task force teams in every county and to raise the FOID fee to pay for it.

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mauserme Member

mauserme

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So why aren't the antis out there clamoring for more $$ for FOID enforcement?

 

How about it, folks? We know you're reading this. Too busy concocting your next ineffectual gun ban to actually do some real work?

I guess you missed the news yesterday. Dart wants mandated FOID task force teams in every county and to raise the FOID fee to pay for it.

 

Kind of like how they make banks pay a special fee to catch bank robbers, because catching bank robbers isn't part of normal policing in Illinois? /sarcasm

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Hap Member

Hap

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Posted

 

 

So why aren't the antis out there clamoring for more $$ for FOID enforcement?

 

How about it, folks? We know you're reading this. Too busy concocting your next ineffectual gun ban to actually do some real work?

I guess you missed the news yesterday. Dart wants mandated FOID task force teams in every county and to raise the FOID fee to pay for it.

 

Kind of like how they make banks pay a special fee to catch bank robbers, because catching bank robbers isn't part of normal policing in Illinois? /sarcasm

 

Law enforcement agencies have budgets and set their own priorities for how to use the budgeted funds. The political entities - state, county, city - are fully aware of what laws the agencies are charged with enforcing. What Dart is really saying is that FOID enforcement is lower on his list of enforcement priorities than everything else his organization does. And that it's lower on Preckwinkle's list of priorities than everything else Dart is doing. Sounds like the real problem is that we have too many Darts and Preckwinkles, not that we don't have enough money.

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Lou Member

Lou

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Posted

So why aren't the antis out there clamoring for more $$ for FOID enforcement?

 

How about it, folks? We know you're reading this. Too busy concocting your next ineffectual gun ban to actually do some real work?

 

I guess you missed the news yesterday. Dart wants mandated FOID task force teams in every county and to raise the FOID fee to pay for it.

 

Kind of like how they make banks pay a special fee to catch bank robbers, because catching bank robbers isn't part of normal policing in Illinois? /sarcasm

Law enforcement agencies have budgets and set their own priorities for how to use the budgeted funds. The political entities - state, county, city - are fully aware of what laws the agencies are charged with enforcing. What Dart is really saying is that FOID enforcement is lower on his list of enforcement priorities than everything else his organization does. And that it's lower on Preckwinkle's list of priorities than everything else Dart is doing. Sounds like the real problem is that we have too many Darts and Preckwinkles, not that we don't have enough money.

 

I’m guessing that Hair Gel Dart has plenty of excess funds left over from not enforcing federal immigration laws to enforce anti-gun laws.

<sarcasm mode now off>.

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anonymous too Member

anonymous too

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What Dart is really saying is that FOID enforcement is lower on his list of enforcement priorities than everything else his organization does.

 

Ummm....,,,,,,,he's had his own special FOID task force for several years. He got language, which I can't find, added to the law for the ISP to notify sheriff dept's of FOID's that hand been revoked.

 

He now want's it mandated for every county, wants it paid for, and also wants FTIP data.

 

You can catch up here: http://illinoiscarry.com/forum/index.php?showtopic=71237

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357 Member

357

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I wonder how many of those revoked FOIDs were the result of people moving out of state and getting new DLs. Iirc, we've had people who moved and posted about getting the revoked letter.

Good point. I think most of the revoked FOIDs are people who moved. A lot of people are moving out of Illinois because of the laws Democrats want to pass and that number will exponentially grow.

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MSD Member

MSD

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Soooo if I read this right, of all of the individuals that ISP knows were in violation of the law for not returning FOIDS or disposition reports over a 3-4 year period, they have an arrest rate of .004%. Whether we like FOID or not, that is a terrible track record.

 

But, the General Assembly wishes to add more hoops for the law abiding citizens to jump through requiring more work by ISP and LEO's rather than fix the existing broken systems.

 

This makes a lot of sense.

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EdScubaDVR Welcome New Member

EdScubaDVR

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The failure here IMHO is not really the FOID revocation process. In this case it is the fact that they did not issue a warrant for his arrest for the crimes he committed to obtain the FOID card that were discovered when he applied for a CCL.


1. Perjury times at least 3 - FOID, CCL applications and on 4473 for purchase of at least 1 firearm

2. Possession of a firearm by a convicted felon.


I understand that we have right to due process but in this case he willingly committed multiple felonies. I also know there good people who have corrected their past mistakes and had their rights restored but that is not the case here. I would think if that were the case of someone applying under those circumstances they would provide the proper documentation to show their right to bear arms had been restored (I would).
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