Following a recent triple murder-suicide in Bloomington, McLean County Sheriff Matt Lane attended a meeting of the county board's justice committee on Wednesday where he and two detectives outlined the process for giving up weapons when a firearm owner identification [FOID] card is revoked.
The perpetrator in that case had retained a gun purchased legally before his FOID was revoked, making his possession of the weapon illegal before he used it in the shooting, police said.
Detectives Niko Rivera and Josh Payne presented the process of FOID revocation to committee members. Revocation occurs in cases such as a felony conviction, mental health admissions, orders of protection, or when the recipient presents a “clear and present danger” as reported by others.
It begins with a letter that notifies the holder that their FOID card is being revoked. At this point, the person is expected to complete a Firearm Disposition Record, a form where they can list weapons they own by serial number and what they’ll be doing with them, the detectives said.
What’s done with the guns can vary. In most cases, someone with a revoked FOID can simply transfer the weapons to someone with a valid FOID. Only in severe cases like felony convictions do firearms go to the police.
It’s worth noting that in either case, this does not mean police seize the weapons or independently confirm they’re out of the hands of subject of the revocation. The process is voluntary, and noncompliance is met with "nudges" in the form of phone reminders.
Justice committee member Corey Beirne asked how often weapons are actually given up.
“All I would be able to go off of is that someone has completed the firearm disposition record,” Payne said.
Though he admitted the office only knows what revocation subjects have put on paper, Payne added he’s confident most who go through the process comply. Police also gain more options if someone with a revocation is reported to have kept weapons.
County board member Lea Cline also had questions for the detectives. Since police don’t know what weapons a FOID holder has purchased in the state, inherited, or obtained in other states, Cline argued the process amounts to the honor system.
“I’d say that’s accurate, yeah, absolutely,” Payne agreed.
The exchange laid bare just how little law enforcement knows, or acts, to ensure a revoked FOID leads to the removal of firearms. Though law enforcement is confident that most comply with orders to turn in their guns, cases like Bloomington’s recent murder-suicide provide tragic examples of what can happen when offenders don’t play by the honor system.
Enforcement of Karina’s Law
A state law — Karina's Law — was passed in February, aiming to remove firearms from domestic abusers.
Lane said some revocations for domestic violence would mean transferring firearms to others with valid FOIDs, and others turning them over to the police. The office is still working on how enforcement of the law should work, but what is certain is that in applicable cases, an offender’s FOID card will be revoked.
"When it comes to an order of protection, there is no choice,” Lane said of revocations.
County board member Eric Hansen raised the issue of whether victims of domestic violence are being made aware of their options. Lane said in such cases, victims are provided with fact sheets that summarize their rights and choices for moving forward.
In response to concerns over the ease of avoiding enforcement, Lane acknowledged it’s possible to lie one’s way through the process — though it’s a felony to do so.
“There’s not a running list of firearms everyone owns,” Lane said. “We don’t know if we got every single one of them or not.”
Lane did add, however, that he’s still much more concerned about problems like illegally purchased weapons and ghost guns than the FOID revocation process. The FOID revocation is also determined in state, not local, policy. According to Lane, the most common problem with FOID revocation is recipients missing the initial letter due to address changes.
Youth gun culture
Lane also touched on the new challenges created by gun use among young people.
A report by Bloomington’s Special Commission on Safe Communities last year identified “hybrid gangs,” loose groups that share firearms, as concerning. Lane said the constant movement of guns among users can make law enforcement’s job harder.
“Being able to get ballistics on one gun that’s been used in several different crimes with several different perpetrators, it just makes everything more difficult,” Lane said.
Lane said his office is up to that challenge, but less so for another that hybrid gangs pose. The commission’s report identified social media as a key tool for the groups, including antagonizing rival gangs on platforms like YouTube.
Lane said the kind of monitoring that can catch all problems on social media is infeasible, at least for local officials, and a better solution might be found in education.
