Illinois State Police sued for giving accused mass shooter FOID card after warning was filed

While Illinois State Police faces litigation in the Court of Claims over the accused Highland Park shooter applying for and receiving a Firearm Owners ID card before the 2022 mass shooting, the agency’s director is touting successes in blocking firearms from prohibited individuals.

On July 4, 2022, federal prosecutors allege Robert Crimo III shot 48 people, killing 7. Crimo’s trial is expected in February after he rejected a plea deal from prosecutors.

Days after the shooting, local police revealed Crimo had a FOID card issued by ISP in 2019 despite a clear and present danger report having been filed by local police. Crimo legally purchased the gun he allegedly used.

Now families are suing state police. WBEZ reports five lawsuits were filed in the Illinois Court of Claims seeking damages.

A spokesperson for ISP didn’t comment on the lawsuits, but did share with The Center Square previous news releases about the policy. Included was a news release from July 18, 2022, stating a rule change to broaden use of clear and present danger reports that can bar applicants from receiving a FOID card.

“The rule change allows for the use and maintenance of historic clear and present danger information even if the subject was not actively seeking or holding a FOID card at the time a Clear and Present Danger report was made and allows for use of these reports in possible future evaluations,” the news release said.

In July 2022, ISP Director Brendan Kelly told legislators there wasn’t anything else to go on to block Crimo’s application despite the clear and present danger report.

“No additional arrests, no additional criminal record, no new mental health prohibitor, nothing to indicate that the individual had been checked into a mental health facility that requires a new report. No basis for a firearms restraining order having been filed or order of protection,” Kelly said in July 2022 during a legislative hearing.

Earlier this month in front of the City Club of Chicago, Kelly said the agency is making “tremendous progress.”

“When it comes to clear and present danger, more enforcement of the firearms restraining orders, getting resources to local law enforcement, not just the state police, to be able to enforce these laws,” Kelly said earlier this month in front of the City Club of Chicago. “It’s a whole host of things that have become a reality and that we’re doing on a daily basis.”

In the year ending June 30, 11,000 reports for clear and present danger were made and Kelly said 10,000 were founded, resulting in thousands of revocations.