Domestic Violence Orders of Protection in Illinois
| Tracking # |
6198504 |
| Submitted | Feb. 9, 2024 |
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Communications
From: Mackey O'Keefe
To Whom It May Concern:
Pursuant to the Illinois Freedom of Information Act., I hereby request the following records:
Records containing data on Domestic Violence Orders of Protection, including the items listed below, in Illinois from January 1, 2019 to December 31, 2023, broken down by year and county, ideally at an individual case level.
1. The total number of civil Domestic Violence Orders of Protection (DVOP) petitions filed
2. The total number of DVOPs granted, broken down by emergency and final orders
3. The total number of DVOPs denied, broken down by emergency and final orders
4. The total number of DVOPs that prohibit respondents from possessing firearms, broken down by emergency and final orders
5. The total number of DVOPs that require relinquishment of firearms, broken down by emergency and final orders
6. The total number of DVOPs where firearms were successfully relinquished to a law enforcement agency
7. The total number of DVOPs where firearms were successfully relinquished to a licensed firearm dealer (FFL)
8. The total number of DVOPs where firearms were successfully relinquished to an eligible third party
9. The total number of DVOPs where no firearms were relinquished due to the respondent stating they don’t have any
10. The total number of DVOPs where firearms were ordered to be relinquished but were not relinquished
11. The total number of firearms relinquished to law enforcement
12. The total number of firearms relinquished to FFLs
13. The total number of firearms relinquished to third parties
14. The total number of firearms returned after the expiration of the order
15. The total number of firearms that were not returned after the expiration of the order because the respondent was prohibited from firearm possession
I greatly appreciate any help you can provide.
At a minimum, I am looking for the number of orders granted and how many required relinquishment of firearms, irrespective of whether you have or are able to share any of the other requested information.
If there is any information listed above that you do collect and can share, I will take whatever you are able to provide.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.
Sincerely,
Mackey O'Keefe
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Illinois Freedom of Information Act. request, copied below, and originally submitted on Feb. 9, 2024. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Illinois State Police
The Illinois State Police (ISP) acknowledges receipt of your attached Freedom of Information Act (FOIA) request. A response to your request is due February 20, 2024. However, additional time is needed to respond to your request. In accordance with Section 3(e) of FOIA (5 ILCS 140/3(e)), ISP is extending the response due date for an additional five days for the following reasons:
The requested records are stored in whole or in part at another location.
The request requires the collection of a substantial number of records.
The request is stated in categorical terms and requires an extensive search for the records requested.
X The requested records have not yet been located and additional time is needed to complete the search.
X The requested records require examination and evaluation to determine if the documents are exempt from disclosure and/or must be redacted.
X The requested records cannot be provided within the prescribed time frame without causing an undue burden or interfering with the operation of ISP.
Consultation is needed with another public body in order to respond to the request.
ISP handles requests for video records separately. Depending on the records you requested, you may receive additional correspondence for either video or paper and audio records.
Sincerely,
Sarah Wheeler
Illinois State Police
Freedom of Information Officer
801 South 7th Street, Suite 1000-S
Springfield, Illinois 62703
ISP.FOIA.Officer@Illinois.gov
From: Illinois State Police
February 27, 2024
Re: FOIA Request #06198504 Response
Thank you for writing the Illinois State Police (ISP) with your request for information pursuant to the Freedom of Information Act (FOIA), 5 ILCS 140/1, et seq. ISP acknowledges receipt of your attached FOIA request received on February 8, 2024. ISP is denying your request for the reasons outlined below:
For items #1-10, the requested information is received through, and stored in, the Law Enforcement Agency Data System (LEADS), which is exempt pursuant to 5 ILCS 140/7(1)(a) and 20 Ill. Adm. Code 1240.80(d), which states: LEADS data shall not be disseminated to any individual or organization that is not legally authorized to have access to the information.
Further, the Firearms Services Bureau has advised that the agency does not track the requested information for items #11-14. A manual search of each revoked/suspended file would be required; FOIA does not require ISP to manually review files to retrieve information that may be scattered within those records. See Martinez v. Cook County States Attorneys Office, 2018 IL App (1st) 163153 (request that would have required public body to manually review its files and compile each "instance" in which it "used" specific information did not reasonably describe a record but instead was a general request for data that was "scattered throughout [the public body's] records"). However, any information relating to items #11-14, would be housed in ISPs Firearms Services Bureaus licensing database (FLARES), which is exempt from disclosure. The FLARES database was established pursuant to the Firearm Concealed Carry Act requirement that ISP maintain a database of concealed carry license applicants and licensees (430 ILCS 66/1 et seq.). Firearm Owners Identification (FOID) information is also housed in FLARES. As such, the data requested is exempt from disclosure pursuant to section 7.5(v) of FOIA, which provides in pertinent part: databases under the Firearm Concealed Carry Act are exempt from disclosure.
Information available for release is available at https://isp.illinois.gov/FOID/Statistics.
Lastly, ISP does not track nor maintain responsive records for item #15.
You have the right to review by the Public Access Counselor (PAC) in the Office of the Attorney General (5 ILCS 140/9.5(a)). You may reach the PAC at:
500 S. 2nd Street
Springfield, Illinois 62701
(877) 299-3642
public.access@ilag.gov
You also have the right to judicial review under 5 ILCS 140/11.
Sincerely,
Sarah Wheeler
Illinois State Police
Freedom of Information Officer
801 South 7th Street, Suite 1000-S
Springfield, Illinois 62703
ISP.FOIA.Officer@Illinois.gov
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