Illinois FOID, concealed carry permits extended again | News

SPRINGFIELD — The Illinois State Police has given another 150-day extension to people whose Firearms

SPRINGFIELD — The Illinois State Police has given another 150-day extension to people whose Firearms Owners Identification cards or Concealed Carry Licenses have expired due to a backlog in processing renewal applications.

A panel of state lawmakers gave approval Tuesday to that emergency rule after ISP officials assured them that the agency had made significant progress toward clearing a backlog of renewal applications.

“I wouldn’t say we’re over the hump. We’re on top of it,” ISP Lt. Greg Hacker, who heads the agency’s Firearms Services Bureau, told the Joint Committee on Administrative Rules. “Over the past three months, our metrics have shown us that we are starting to bend the curve in our direction.”

The FBI processed a record high number of gun background checks in March nearly 4.7 million in one month. The agency is able to make an immediate determination about 90% of the time, but what happens when it can’t?Federal law gives the National Instant Criminal Background Check System three business days to process an application. If it’s still pending after three days, federally licensed firearms dealers are allowed to complete the sale anyway.The FBI says results are most commonly delayed when NICS has an incomplete criminal history. The missing information means employees need to hunt down the relevant details before they can determine whether the applicant is allowed to have a gun. And sometimes that process takes more than three days. If the background check eventually results in a denial, but that person already purchased a firearm, the FBI passes the case to the Bureau of Alcohol, Tobacco, Firearms and Explosives as a “firearm retrieval referral.” In 2019, nearly 3,000 people who should have been prohibited from buying a gun were able to do so because their 3-day waiting period expired. The ATF told Newsy they act on every single referral, and firearms are usually recovered within a week. The House of Representatives has passed a bill to extend that 3-day approval window to 20 days. That proposal is awaiting Senate action, and Democratic Sen. Mark Warner says the three-week window will likely need to be shortened to garner enough support to pass. “There ought to be a rational way that we can figure out if someone has been advocating violence, advocating a race or advocating, you know, overthrow of the government in a violent way. I mean, that’s a rational thing that we ought to have knowledge of before we give that person, particularly an assault weapon,” said Warner. Gun background check requests rose significantly during the coronavirus pandemic. In 2020, NICS processed 11.3 million more applications than the year before. The FBI told Newsy the agency has been able to respond to the increased background check requests using more staffing or overtime hours to meet the demand.  

Under the emergency rule, a FOID card or CCL that has expired since the start of the pandemic is still considered valid as long as the holder has applied for renewal, paid the required fees, and the card is not subject to revocation, meaning the person has not committed an offense that would otherwise disqualify them from holding the permit.

Yvette Loizon, ISP’s general counsel, said that in the month of March alone, the agency received 14,847 renewal applications, and it approved 67,847 applications, the largest number of approvals in a single month in more than a year.

ISP saw a huge increase in renewal applications last year, Hacker said, in part because FOID cards are issued on 10-year renewal cycles and the 2019-2020 period marked the end of the program’s first 10-year cycle.

But the program has been beset by funding and personnel shortages, officials have said. The application and renewal process involves extensive criminal background checks that are paid for with the fees paid by applicants. But that fee fund was often “swept” during the state’s two-year-long budget impasse, so the agency did not have enough staff to handle the flood of renewal applications that came in last year.

Hacker said ISP began 2020 with only 21 “firearms eligibility analysts,” or FEAs, who are trained to process applications. Since then, he said, the agency has hired an additional 29 FEAs and it plans to hire another five or six by July. In addition, ISP has hired another 25 contractual employees to conduct background checks for both new and renewal applications.

But Hacker said it has been a slow process to get all of those new employees fully operational because the training process generally takes about six months.

Meanwhile, gun rights activists in Illinois have grown impatient. Although state law requires ISP to process applications within 30 days, many have complained of waiting several months before ever getting a response from the agency.

In July, the Illinois State Rifle Association and the Second Amendment Foundation filed a federal lawsuit against ISP, arguing that the FOID card processing delays were effectively violating the applicants’ constitutional right to bear arms. That case is still pending, according to court documents.

Members of the joint committee pointed out that they have been hearing complaints from constituents for months.

“I mean, within the last two days, I’ve gotten emails from folks, they applied last July. We’re nine months in, haven’t heard a word,” said Sen. Donald DeWitte, R-St. Charles.

Sen. Bill Cunningham, D-Chicago, a cochair of the committee, said he has also heard complaints from constituents.

“So we’re gratified to see that the process is moving up (and) ask you to continue to work with JCAR staff on this,” Cunningham said. “There’s been a long-standing problem that has only gotten worse because of COVID. So it’s something that still demands a long-term solution.”