Why Illinois' gun laws did not stop the Highland Park shooter from
buying weapons
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[July 08, 2022]
By Tom Hals and Joseph Ax
(Reuters) - The gunman accused of killing
seven people at an Independence Day parade in Chicago's Highland Park
suburb obtained a firearms license just months after police investigated
alleged threats he made to kill his family.
That has raised questions about why the state's comparatively strict gun
laws - including a "red flag" statute and a license requirement - did
not prevent him from buying five weapons.
WHAT WERE THE WARNING SIGNS?
Police had two prior encounters with the suspected shooter, Robert Crimo,
now 21. In April 2019, they responded to an emergency call reporting he
had attempted suicide. In September 2019, they visited his home after a
report that he threatened to kill family members.
The family agreed to let police take a collection of 16 knives, a dagger
and a sword from Crimo's closet "for safekeeping," according to a police
report. Crimo's father told police the weapons belonged to him, and they
were returned later that day.
Crimo was not arrested or charged, and none of his family members
pressed forward with a complaint against him, according to police.
![](http://archives.lincolndailynews.com/2022/Jul/08/images/ads/current/graue_preowned_062522.png)
HOW DID HE PURCHASE HIS GUNS?
Three months after the alleged threat, in December 2019, Crimo
successfully applied for a firearm owner identification card, or FOID,
which is needed before someone can legally buy guns in Illinois. State
police said his father sponsored his application, a requirement for
applicants under the age of 21.
On four occasions between 2020 and 2021, Crimo legally purchased a total
of five guns, including the one police say he used in Monday's attack.
WHY DIDN'T THE STATE'S 'RED FLAG' LAW COME INTO PLAY?
Illinois is one of 19 states with a "red flag" law that allows family or
law enforcement to ask a judge to temporarily prevent a person from
possessing or acquiring firearms because the person is considered
dangerous.
Unlike background checks, which review a person's criminal history,
legal experts said a red flag law allows a judge to examine recent
behavior for potential threats.
In Illinois, "clear and convincing" evidence must be presented to a
court that the person with firearms presents "a significant danger" to
themselves or others. Petitioners can present any relevant evidence,
including violent images like those posted on social media by Monday's
accused shooter.
In Crimo's case, no family member nor any police officer filed a
petition seeking to prevent him from acquiring guns. At the time of the
alleged threat, he did not possess a gun license, had not submitted any
application and did not own any guns.
In a statement on Wednesday, the state police said the evidence
available at the time Crimo applied for a license would have been
"insufficient" to secure a firearm restraining order under the red flag
law.
WHY DIDN'T THE STATE'S LICENSING SYSTEM BLOCK CRIMO
FROM BUYING GUNS?
Illinois is one of the few states to require a license - a FOID - before
a gun can be purchased.
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![](../images/070822PIX/news_f57.jpg)
Mourners attend at a vigil in Everts Park after a mass shooting at a
Fourth of July parade in the neighboring Chicago suburb of Highland
Park, in Highwood Illinois, U.S. July 6, 2022. REUTERS/Cheney
Orr/File Photo
![](http://archives.lincolndailynews.com/2022/Jul/08/images/ads/current/debbiesfloral_lda_052922.png)
The state police agency reviews all FOID applications, including
whether an individual has a history of crime or mental illness or is
subject to any protective orders, such as a "red flag" restraining
order.
The police can also deny an application if the individual is deemed
a "clear and present danger."
Once a FOID is obtained, a person can legally purchase firearms. If
the guns are bought from a licensed dealer, the transaction triggers
a criminal background check, which includes a federal database.
In Crimo's case, the Highland Park police filed a "clear and present
danger" report regarding Crimo with state police on the day of the
September 2019 call.
State police reviewed the report and found the alleged threat was
reported "second-hand" to officers, according to a statement.
The agency also noted that both Crimo and his mother disputed a
threat had occurred, that there was no probable cause for an arrest
and that his father claimed ownership of the bladed weapons in the
closet.
"The reviewing officer concluded there was insufficient information
for a Clear and Present Danger determination," the statement said.
When Crimo applied for a FOID three months later, state police had
no new information to establish that he posed a danger, the agency
said, and therefore were legally obligated to approve the license.
Crimo had no arrest record, no mental health history or other factor
that would be disqualifying under the law.
Crimo passed background checks when he purchased his guns for the
same reason, with only a minor tobacco possession infraction from
2016 on his record.
COULD THE NEW FEDERAL GUN LAW HAVE CHANGED THINGS?
The Bipartisan Safer Communities Act, which President Joe Biden
signed into law in June, does not create a federal red flag law but
provides $750 million to encourage states to adopt the laws and to
educate the public on how to use them.
![](http://archives.lincolndailynews.com/2022/Jul/08/images/ads/current/castlemanor_sda_FINANCIAL_2017.png)
The law also expands background checks for people under 21, as Crimo
was when he applied for a gun permit. The new gun law requires
searches of criminal history, juvenile records and mental health
records, although legal experts said it seems unlikely the expanded
search would have uncovered information that would have disqualified
him from gun ownership.
It also requires notifying local police, who might have recognized
Crimo's name, connected him with the threats to kill his family and
possibly attempted to prevent him from obtaining a gun under the red
flag law, said Christian Heyne, vice president of policy at Brady, a
gun control group.
(Reporting by Tom Hals in Wilmington, Delaware and Joseph Ax in
Princeton, New Jersey; Editing by Aurora Ellis)
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