Blaster Posted January 23, 2009 at 10:28 PM Posted January 23, 2009 at 10:28 PM Link to Article Over the past several weeks, the ISRA has received several dozen phone calls from irate firearm owners who have been waiting a month or more to have their applications for Firearm Owner Identification (FOID) cards processed by the Illinois State Police. Under Illinois law, persons wishing to purchase or possess firearms and/or ammunition must hold a valid FOID card. To obtain a FOID card, one must complete an official application form and submit the form along with a recent photo and the required fee to the Illinois State Police (ISP) for processing. Once issued, a FOID card is valid for 10 years. Upon expiration, the application process must be repeated. Persons who possess firearms or ammunition without holding a valid FOID card are subject to arrest and felony prosecution. Illinois law also requires that, within 30 days of the application date, the ISP must either issue a FOID card to the applicant or provide the applicant with written notification explaining why their application was turned down.After making inquiries into the backlog, ISRA representatives were told by ISP officials that inadequate staffing and funding were to blame for the slowdown in application processing. Those same officials were unable to say when, if ever, the situation would improve. "FOID processing delays are becoming a chronic problem for the Illinois State Police," commented ISRA Executive Director, Richard Pearson. "But, to be honest, the state's law-abiding firearm owners are not interested in hearing excuses. We have heard from dozens of gun owners who, in good faith, filed for FOID renewals well in advance of the card expiration date just to see that expiration date come and go with no renewal card in their mailbox." "This is a very serious situation," continued Pearson. "By failing to process FOID renewals in a timely manner, the Illinois State Police are, in effect, denying the applicant's right to own firearms. Without a valid FOID, an otherwise law-abiding citizen cannot hunt, go to the target range, or even continue to own their lawfully-acquired firearms. In fact, a person whose FOID card has lapsed while awaiting renewal processing faces one of three choices - transfer their firearms to someone who holds a valid FOID, surrender their firearms to the police, or risk arrest and prosecution. These are three unattractive alternatives for someone who is only trying to follow the law." "The Illinois State Police appear unwilling or unable to solve the backlog problem," said Pearson. "Therefore, the ISRA will be working closely with state legislators to craft a plan to fence funding and positions within the ISP to ensure that backlogs do not occur in the future. The ISP is just as obligated to follow the law as are those who apply for FOID renewals. The ISRA will do everything in its power to ensure that that obligation is met." The ISRA is the state's leading advocate for safe, lawful, and responsible firearms ownership. For more than a century, the ISRA has represented the interests of millions of law-abiding Illinois firearm owners.http://www.isra.org
RacerDave6 Posted January 23, 2009 at 10:34 PM Posted January 23, 2009 at 10:34 PM The best course of action would be to just get rid of the FOID.
Fido Posted January 23, 2009 at 10:37 PM Posted January 23, 2009 at 10:37 PM I don't know if I buy the inadequate staffing story.This happened to my wife just recently. She was up in the middle of december and sent the app in the beginning of October. We forgot about it until the Beginning of January. My wife called and asked about the status of her app and was told it was approved and should be sent soon. Two days later she had it. Now this may be my paranoia speaking but I cant believe there is a coincidence to the timing of those two events. My guess is they are sitting on them until the applicant calls.
Jeff Johnson Posted January 23, 2009 at 10:39 PM Posted January 23, 2009 at 10:39 PM The best course of action would be to just get rid of the FOID.amen brother.
Buzzard Posted January 23, 2009 at 10:43 PM Posted January 23, 2009 at 10:43 PM The best course of action would be to just get rid of the FOID. Think you can find someone to introduce a bill to repeal the FOID act?
GarandFan Posted January 23, 2009 at 10:44 PM Posted January 23, 2009 at 10:44 PM Hmm ... mine expires in 2011. Shall I renew now? Our leverage is going to increase greatly once the 2A is incorporated against the states. The ISPs behavior and ultimately, that of the State, is inexcusable. I trust that the ISRA would consider a lawsuit as a last resort. Thanks, ISRA!
abolt243 Posted January 23, 2009 at 10:51 PM Posted January 23, 2009 at 10:51 PM The mechanism of getting rid of the FOID is outlined in the FOID act (430 ILCS 65/16) (from Ch. 38, par. 83‑16) Sec. 16. When 2% of the number of registered voters in the State desire to pass upon the question of whether the General Assembly should repeal this Act regulating the acquisition, possession and transfer of firearms and firearm ammunition, they shall, at least 78 days before a regular election to be held throughout the State, file in the office of the State Board of Elections, a petition directed to the Board in accordance with the general election law. The petition shall be composed of county petitions from each of the counties throughout the State and each county petition shall contain the signatures of at least 2% of the number of registered voters in the county. The petition shall request that the question "Should the General Assembly repeal the Act entitled 'An Act relating to the acquisition, possession and transfer of firearms and firearm ammunition, to provide a penalty for the violation thereof and to make an appropriation in connection therewith,' approved August 3, 1967, as amended?" be submitted to the voters of the State at the next ensuing State‑wide election at which such question may be acted upon. (Source: P.A. 81‑1489.) I'd love to get rid of the FOID too. But, I'd rather have LTC first, then drop the FOID. I don't think we have the resources and manpower to mount an effort to do both of those things at the same time or even in the same legislative session. However, we could start the process and begin to talk about it to get some people used to the idea. Expect a strong resistance. The FOID is deeply entrenched in IL, 40 years worth, and falls into the category of "reasonable gun laws" for most folks, even thought the ISP can't give hard data for how many crimes were committed by FOID card holders, or how many crimes were prevented.Pick your battles wisely, go with the one that will save the most lives first, then move on to the inconvenience factors, like the FOID. JMHOTim
abolt243 Posted January 23, 2009 at 10:57 PM Posted January 23, 2009 at 10:57 PM Hmm ... mine expires in 2011. Shall I renew now? Our leverage is going to increase greatly once the 2A is incorporated against the states. The ISPs behavior and ultimately, that of the State, is inexcusable. I trust that the ISRA would consider a lawsuit as a last resort. Thanks, ISRA! I just went through this with my wife and son's card. Just today in fact. Both expire in early Feb, both were applied for in mid Dec. (by certified mail, receipt requested in my wife's case). When I couldn't get through the anwsering system at the ISP phone bank, I called my State Senator. The lady in the office was able to call on my wife's behalf and it was mailed that day. I've asked her to look into my son's card just today. I would expect the same result. The FOID division claims to be delayed by the change to $10 for 10 years (not sure how that would impact anything) and by an influx of new apps for FOIDs driven by the election of BHO. If enough folks call their Senators, they will become tired of doing the ISP's work for them and act legislatively. If it's been past 30 days, I'd encourage you to call your State Senator or Representative. Tim
GWBH Posted January 24, 2009 at 03:05 AM Posted January 24, 2009 at 03:05 AM When I called with about my wife's card, the lady who answered the phone was very nice and helpful. Probably due to my manly physique and overall good looks...
billzfx4 Posted January 24, 2009 at 02:12 PM Posted January 24, 2009 at 02:12 PM Link to Article After making inquiries into the backlog, ISRA representatives were told by ISP officials that inadequate staffing and funding were to blame for the slowdown in application processing. Those same officials were unable to say when, if ever, the situation would improve. So I guess that if I'm 'too busy' or 'underfunded' to renew my foid, the ISP should understand and just let me slide? The ISP is just as obligated to follow the law as are those who apply for FOID renewals. AMEN!!!
flagtag Posted January 24, 2009 at 06:53 PM Posted January 24, 2009 at 06:53 PM My card was due to expire on 01/01/09, so I sent it in on Nov. 4, 08. On New Year's Day, I still had not received it, so I called and told the man who answered that the check cleared on Nov. 14. He told me that they were just starting on the Nov. 15 apps and that I should receive mine withing 2 weeks. On Jan. 3rd, I received my card. Problem is that it's for 9 years and 10 months. (Instead of expiring on Jan 1, 2018, it expires on Nov.1, 2018! I got gypped 2 months! :Angry!: )Good thing my son lives with me and has a valid FOID! And, NO, I don't think it was because they were "understaffed", I think they are just playing games!
GWBH Posted January 24, 2009 at 06:59 PM Posted January 24, 2009 at 06:59 PM Sounds like they need to put in some overtime to get the job done - like the rest of us work'n stiffs
Buzzard Posted January 24, 2009 at 07:05 PM Posted January 24, 2009 at 07:05 PM If enough folks call their Senators, they will become tired of doing the ISP's work for them and act legislatively. If it's been past 30 days, I'd encourage you to call your State Senator or Representative. TimI agree, and it wouldn't hurt to mention if the ISP is under funded, overworked and under staffed, why not scrap the FOID program. And don't let them blame it on Blago either. Enough of that crap. Either get this state back in line or start lookin' for a job like this rest of us, next election. The free ride is over, Bucky!
Mac Posted January 24, 2009 at 11:21 PM Posted January 24, 2009 at 11:21 PM I sent off for the wife a foid card last year. I thought it was time to be getting it back so I called them. I told them when I sent it and they told me that they have 30 days from the time they receive it to process it ang get it back to you. The man told me that her application qas being processed. I thanked him and hung up the phone. The foid arrived two days later. So i would say that they are sitting on them until someone calls. They are just being state employees. mac
flagtag Posted January 24, 2009 at 11:33 PM Posted January 24, 2009 at 11:33 PM I sent off for the wife a foid card last year. I thought it was time to be getting it back so I called them. I told them when I sent it and they told me that they have 30 days from the time they receive it to process it ang get it back to you. The man told me that her application qas being processed. I thanked him and hung up the phone. The foid arrived two days later. So i would say that they are sitting on them until someone calls. They are just being state employees. mac Yeah, (more) state employees violating the law! So, what's new?!
Thirdpower Posted January 25, 2009 at 12:41 AM Posted January 25, 2009 at 12:41 AM A friend of mine applied in Oct and still hasn't gotten his. I'll call him and tell him to light a fire under them.
Buzzard Posted January 25, 2009 at 01:01 AM Posted January 25, 2009 at 01:01 AM My stepson will be sending in for a new card soon. He let his lapse a couple years ago.
45superman Posted January 25, 2009 at 01:14 AM Posted January 25, 2009 at 01:14 AM This is a bit off topic, but does anyone know how this situation (pdf file) turned out? I'm talking about the ISP's plan (way back in the fall of 2007) to stop issuing FOID cards to kids under 10, despite there being nothing in the law that would permit them to do so. I know ISRA was fighting them on it, but if I ever heard what happened, I seem to have forgotten it.
Topper Posted January 25, 2009 at 05:03 AM Posted January 25, 2009 at 05:03 AM I talked to a guy in town today that has been waiting for almost 7 weeks for his FOID.
lockman Posted January 25, 2009 at 04:41 PM Posted January 25, 2009 at 04:41 PM I believe less than 1/4th of the gun owners in this state could meet that 2% requirement. How about getting an online petition going to show our legislators that a FOID Act repeal is possible? Can we use this to push for the LTC to pass before the repeal could be effective? The FOID card has outlived its usefulness (if it ever had any), the federal instant check is every bit as useful for weeding out prohibited persons.
BadWaterBill Posted January 25, 2009 at 04:48 PM Posted January 25, 2009 at 04:48 PM Try thisMust be back within 30 days OR1 A pardon signed by the governor for any violations caused by the I S P not getting the card back in a timely fashion.2 A LIFETIME FOID card will be issued.3 A LIFETIME CCW WILL be issued. We could expect the same service as we redv from Pa when we ask for their ccw license. One week door to door.
lockman Posted January 25, 2009 at 07:24 PM Posted January 25, 2009 at 07:24 PM I believe less than 1/4th of the gun owners in this state could meet that 2% requirement. How about getting an online petition going to show our legislators that a FOID Act repeal is possible? Can we use this to push for the LTC to pass before the repeal could be effective? The FOID card has outlived its usefulness (if it ever had any), the federal instant check is every bit as useful for weeding out prohibited persons. How about something like the following: I am not by any means the most eloquent but this would be a starting point. Refined to a petition format to be submitted. Whereas, the state of Illinois Firearm Owner Identification Act (FOID) is a complete failure in preventing prohibited person’s access to firearms and has infringed on citizens’ rights without any benefits to show. Whereas, the Illinois State Police as a matter of routine violate the FOID act by failing to approve or deny FOID applications and renewals within the amount of time provided by law, therefore denying Illinois citizens their right to keep and bear arms. Further, such unlawful delays in renewal applications place Illinois citizens at risk for criminal prosecution and seizure of property due to the unlawful acts of the Illinois State Police. Whereas, the federal government has in place an instant criminal background check system that is available to the state of Illinois that can be used in place of the current FOID system, saving Illinois citizens tax dollars and lifting the potential of criminal prosecution under the current ineffective system. Be it resolved, the undersigned hereby demands the Illinois legislature repeal the Firearm Owner Identification Act. Further, the undersigned direct the legislature to make all the necessary changes in the criminal code to reflect the repeal of the FOID act and restore any exemptions provided under the former FOID act to all citizens of all the states not otherwise prohibited by law to purchase and possess arms. Further, the undersigned demands that the legislature provide due reverence to our right to keep and bear arms in all future deliberations regarding legislation restricting the purchase, possession, transportation or carrying of arms. Further, the undersigned demands that any such laws contemplated be specific to a criminal activity and not place any prior restraint on the people in the exercise of our constitutional rights. Respectfully submitted,
GarandFan Posted January 25, 2009 at 10:39 PM Posted January 25, 2009 at 10:39 PM Lockman, your write-up is very good. We have discussed the issue of FOID card repeal here on Illinois Carry ... and have usually concluded that we have to chose our battles (FOID repeal being lower on the list than other priorities). That said, it is my opinion that you will get farther by pushing the issues of redundancy (think NICS), cost to the state, and the difficulty with ISP compliance. I think that pushing it on the grounds that the FOID is a failure will be a very difficult challenge. This is because the anti-rights folks will say it works ... and that it works very well. They will point you to the ISP webpage here http://www.isp.state.il.us/foid/firearms.cfm and will note the stats from 2002. They will argue that from 2002 alone there are 11,568 reasons (denied appls and revoked cards) why the FOID act has proven successful. They cannot argue that the law keeps guns out of these people's hands ... but they can surely argue that the FOID does what it's supposed to ... in identifying people that they think should not possess firearms.
GWBH Posted January 26, 2009 at 01:14 AM Posted January 26, 2009 at 01:14 AM Lockman, your write-up is very good. We have discussed the issue of FOID card repeal here on Illinois Carry ... and have usually concluded that we have to chose our battles (FOID repeal being lower on the list than other priorities). That said, it is my opinion that you will get farther by pushing the issues of redundancy (think NICS), cost to the state, and the difficulty with ISP compliance. I think that pushing it on the grounds that the FOID is a failure will be a very difficult challenge. This is because the anti-rights folks will say it works ... and that it works very well. They will point you to the ISP webpage here http://www.isp.state.il.us/foid/firearms.cfm and will note the stats from 2002. They will argue that from 2002 alone there are 11,568 reasons (denied appls and revoked cards) why the FOID act has proven successful. They cannot argue that the law keeps guns out of these people's hands ... but they can surely argue that the FOID does what it's supposed to ... in identifying people that they think should not possess firearms. Locakman - Well thought out and well written!! The FOID Act does nothing to target and eliminate underground and illegal firearms transactions, which should be it's purpose. Revoking the cards of some citizens over minor offenses is nothing more than actions of a police state. If the Act is working as it should, Illinois should be a stellar example, ahead of other states with respect to crime committed with firearms. But... the FOID only works for law-abiding citizens - which, again, are not the problem.Is it redundant of the NICS system? Yes. Again, how much background assurance must a citizen endure before they meet the Chicago standard of 'law-abiding' to exercise their Constitutional rights?
flagtag Posted January 26, 2009 at 01:24 AM Posted January 26, 2009 at 01:24 AM The other states that don't have a FOID card type system seem to do ok. Indiana, for example.
biff420 Posted January 26, 2009 at 01:59 AM Posted January 26, 2009 at 01:59 AM I am new to the forum and this will be my first post so here goes. This is what I posted on another forum some time ago when I was trying to find out the status of my FOID card. I submitted my application on 11/5/08 and the check cleared about a week later on 11/14/08. My 30 days has come and gone and still no FOID card. Here's the catch. My twin brother went down to the local shooting range/gun shop and filled out his application and they mailed it in. He did this on 11/8/2008, 3 days after I mailed mine in. I know it didn't get mailed until that Monday 11/10/2008 so it was a full 5 days behind mine. What's worse? He recieved his FOID last week on 12/10/2008 which is exactly 30 days from (what I believe) was his mail in date. Thanks ISP for shredding my Constitutional rights and for consistency in processsing. Although, given the news lately, who can be suprised that even the ISP doesn't abide by the law here. I'm moving back to Nevada where the motto is Battle Born and it shows! I have seen so many stories people calling about there overdue FOID cards and when they finally get somone on the phone, the FOID card miraculously shows up 2-3 days later. I think this is the SOP for ISP on the FOID cards which I wish we could prove, then we could nail em. Was that too many accronyms for one sentence? Anyways, glad to be a member of this forum!
lockman Posted January 26, 2009 at 02:58 AM Posted January 26, 2009 at 02:58 AM Lockman, your write-up is very good. We have discussed the issue of FOID card repeal here on Illinois Carry ... and have usually concluded that we have to chose our battles (FOID repeal being lower on the list than other priorities). That said, it is my opinion that you will get farther by pushing the issues of redundancy (think NICS), cost to the state, and the difficulty with ISP compliance. I think that pushing it on the grounds that the FOID is a failure will be a very difficult challenge. This is because the anti-rights folks will say it works ... and that it works very well. They will point you to the ISP webpage here http://www.isp.state.il.us/foid/firearms.cfm and will note the stats from 2002. They will argue that from 2002 alone there are 11,568 reasons (denied appls and revoked cards) why the FOID act has proven successful. They cannot argue that the law keeps guns out of these people's hands ... but they can surely argue that the FOID does what it's supposed to ... in identifying people that they think should not possess firearms. I agree on what the anti's would claim but of those 11568 denials, many we know are unlawful denials and most legitimate denials would have been caught by the instant check anyway. I guess the way anti's look at it Illinois would have had 11568 more murders without FOID! It is amazing what a plastic card can do!
Silver Guardian Posted January 26, 2009 at 06:47 AM Posted January 26, 2009 at 06:47 AM I've got evidence of the Illinois State Police blatantly violating the law. Are there any lawyers out there who would like to make a name for themselves by making a federal case out of this?
Colonel Posted January 26, 2009 at 04:54 PM Posted January 26, 2009 at 04:54 PM My grandson never got his card, a written notice, or of course a refund. ( He was one of the 8yr old "felons" that didn't get a card ) At the Benton Concealed Carry Referendum meeting, Sen. Gary Forby expressed a willingness to do away with the FOID, and Rep. Bradley is none too fond of it either. Good place to start? Colonel.....
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