Jump to content


Photo

When does the 5 years start?


  • Please log in to reply
16 replies to this topic

#1 Xploit3d

  • Members
  • 8 posts
  • Joined: 14-May 19

Posted 15 May 2019 - 04:47 PM

Hello,

 

I apologize because this probably exists somewhere on the website, but I couldn't locate it with the search function.  In 2012, I got a DUI.  I couldn't find my paperwork but I was pretty sure I was in the clear, passing the 5 years, so I went ahead with my application.  I applied May 05, but last night I found my treatment papers.  I didn't complete my treatment until May 2x, 2015.  Is that the date I have to wait 5 years?  I was rated "significant risk" because my DUI was for marijuana, so the 5 years applies to me because I took the victim impact panel and 20 hours of counseling.  Am I SOL and will have to take the class again next year and reapply?  I should've been more careful cos I feel like all this money is going to be wasted. 

 

 

Thanks for your help!



#2 Glock23

    I am no one.

  • Supporting Members Team
  • 4,313 posts
  • Joined: 20-February 13

Posted 15 May 2019 - 05:06 PM

If they did reject or deny due to you applying a few days early, you would likely only need to resubmit your application after the 5 years were officially up (in the case of a rejection) or submit an appeal in the case of a denial, detailing that you are now (in a week or so) beyond the 5 year mark. You wouldn't need to take the class again or pay for your application again.

Edited by Glock23, 15 May 2019 - 05:07 PM.

** Illinois Carry - Supporting Member
** National Association for Gun Rights - Frontline Defender
** Gun Owners of America - Annual Member
** Illinois State Rifle Association - 3 year American Hero Member
** Second Amendment Foundation - Life Member
** National Rifle Association - Patron Life Member

#3 Craigcelia

    Member

  • Supporting Members Team
  • 2,459 posts
  • Joined: 05-November 09

Posted 15 May 2019 - 05:11 PM

One DUI shouldn't be a reason to not issue your license, for some reason I thought it was two within 5 years. Could be wrong of course but I dont have the statutes in front of me. Sent from my SM-G955U using Tapatalk

Craig

NRA / ISRA Life Member

GOA Member
ICCL Classes Available

 

 

 


#4 Xploit3d

  • Members
  • 8 posts
  • Joined: 14-May 19

Posted 15 May 2019 - 05:11 PM

Next May would be the 5 year mark since I finished my counseling in 2015.



#5 Xploit3d

  • Members
  • 8 posts
  • Joined: 14-May 19

Posted 15 May 2019 - 05:13 PM

One DUI shouldn't be a reason to not issue your license, for some reason I thought it was two within 5 years. Could be wrong of course but I dont have the statutes in front of me. Sent from my SM-G955U using Tapatalk

 

 

The DUI isn't the issue.  It's the fact that because my DUI was for marijuana, the counselor labelled me as "significant risk" which is considered (from what I read in the "wrongfully denied for "treatment" thread) treatment for alcohol addiction or drugs.


Edited by Xploit3d, 15 May 2019 - 05:14 PM.


#6 Craigcelia

    Member

  • Supporting Members Team
  • 2,459 posts
  • Joined: 05-November 09

Posted 15 May 2019 - 06:17 PM


One DUI shouldn't be a reason to not issue your license, for some reason I thought it was two within 5 years. Could be wrong of course but I dont have the statutes in front of me. Sent from my SM-G955U using Tapatalk


 
 
The DUI isn't the issue.  It's the fact that because my DUI was for marijuana, the counselor labelled me as "significant risk" which is considered (from what I read in the "wrongfully denied for "treatment" thread) treatment for alcohol addiction or drugs.

I still don't see how the weed involvement is a denial factor, but you would probably know better. I know the agency I work for wouldn't object to that. Unless you were a threat to yourself, others or public safety of course....

Sent from my SM-G955U using Tapatalk


Craig

NRA / ISRA Life Member

GOA Member
ICCL Classes Available

 

 

 


#7 Glock23

    I am no one.

  • Supporting Members Team
  • 4,313 posts
  • Joined: 20-February 13

Posted 15 May 2019 - 06:26 PM

My bad, I overlooked the 2015 part... thought your 5 years was up next week.
** Illinois Carry - Supporting Member
** National Association for Gun Rights - Frontline Defender
** Gun Owners of America - Annual Member
** Illinois State Rifle Association - 3 year American Hero Member
** Second Amendment Foundation - Life Member
** National Rifle Association - Patron Life Member

#8 Euler

    Member

  • Members
  • 1,285 posts
  • Joined: 26-February 18

Posted 15 May 2019 - 06:33 PM

There are 2 conditions for which a 5-year time limit applies.

...
(3) has not been convicted or found guilty in this State or in any other state of:
...
(B) 2 or more violations related to driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof, within the 5 years preceding the date of the license application;
...
(5) has not been in residential or court-ordered treatment for alcoholism, alcohol detoxification, or drug treatment within the 5 years immediately preceding the date of the license application;
...


So in your case, it's 5 years from your release date.

Edited by Euler, 15 May 2019 - 06:35 PM.

The welfare of the people in particular has always been the alibi of tyrants, and it provides the further advantage of giving the servants of tyranny a good conscience.

- Albert Camus, Resistance, Rebellion, and Death, 1960.


#9 Xploit3d

  • Members
  • 8 posts
  • Joined: 14-May 19

Posted 15 May 2019 - 06:35 PM

 

One DUI shouldn't be a reason to not issue your license, for some reason I thought it was two within 5 years. Could be wrong of course but I dont have the statutes in front of me. Sent from my SM-G955U using Tapatalk


 
 
The DUI isn't the issue.  It's the fact that because my DUI was for marijuana, the counselor labelled me as "significant risk" which is considered (from what I read in the "wrongfully denied for "treatment" thread) treatment for alcohol addiction or drugs.

I still don't see how the weed involvement is a denial factor, but you would probably know better. I know the agency I work for wouldn't object to that. Unless you were a threat to yourself, others or public safety of course....

No, I just used to smoke when when I lived in my hometown.  I've since moved on and have a family I want to protect.  It's the counseling part that is the issue, right? That's what I gathered from reading the board.  Because I had over a certain amount of counseling hours, I have to wait 5 years.  I just don't know if the five years is from my conviction date (I actually took a plea deal) or if its from the date I finished my counseling.

 



#10 Xploit3d

  • Members
  • 8 posts
  • Joined: 14-May 19

Posted 15 May 2019 - 06:40 PM

There are 2 conditions for which a 5-year time limit applies.

...
(3) has not been convicted or found guilty in this State or in any other state of:
...
(B) 2 or more violations related to driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof, within the 5 years preceding the date of the license application;
...
(5) has not been in residential or court-ordered treatment for alcoholism, alcohol detoxification, or drug treatment within the 5 years immediately preceding the date of the license application;
...


So in your case, it's 5 years from your release date.

 

That's what I was afraid to hear.  I did take a plea deal though, with 2 years court supervision and the "treatment" (treatment was a waste of time because by the time I took the counseling, I had already stopped smoking), After I completed that, something was going to happen with my DUI but I can't remember what. Thought I waited enough time to apply.  I wonder if they'll hold it for a year or if I'll have to reapply?



#11 Craigcelia

    Member

  • Supporting Members Team
  • 2,459 posts
  • Joined: 05-November 09

Posted 15 May 2019 - 06:42 PM

There are 2 conditions for which a 5-year time limit applies....(3) has not been convicted or found guilty in this State or in any other state of:...(B) 2 or more violations related to driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof, within the 5 years preceding the date of the license application;...(5) has not been in residential or court-ordered treatment for alcoholism, alcohol detoxification, or drug treatment within the 5 years immediately preceding the date of the license application;...So in your case, it's 5 years from your release date.

Yup, there it is!

Sent from my SM-G955U using Tapatalk


Craig

NRA / ISRA Life Member

GOA Member
ICCL Classes Available

 

 

 


#12 Euler

    Member

  • Members
  • 1,285 posts
  • Joined: 26-February 18

Posted 15 May 2019 - 06:44 PM

...
So in your case, it's 5 years from your release date.

That's what I was afraid to hear.  I did take a plea deal though, with 2 years court supervision and the "treatment" (treatment was a waste of time because by the time I took the counseling, I had already stopped smoking), After I completed that, something was going to happen with my DUI but I can't remember what. Thought I waited enough time to apply.  I wonder if they'll hold it for a year or if I'll have to reapply?


Court supervision, if you completed it successfully, results in the expungement of your DUI.

You'll have to reapply when the 5 years are up.
The welfare of the people in particular has always been the alibi of tyrants, and it provides the further advantage of giving the servants of tyranny a good conscience.

- Albert Camus, Resistance, Rebellion, and Death, 1960.


#13 Xploit3d

  • Members
  • 8 posts
  • Joined: 14-May 19

Posted 15 May 2019 - 06:45 PM

The only thing I can hope for at this point is that there is something with my plea deal.  When I got at hired where I work now, they never asked about my DUI, though I know they do, because they asked a couple of people I know about their DUI's during their interview.  I'll have to find my court papers.



#14 Xploit3d

  • Members
  • 8 posts
  • Joined: 14-May 19

Posted 15 May 2019 - 06:46 PM

 

 

...
So in your case, it's 5 years from your release date.

That's what I was afraid to hear.  I did take a plea deal though, with 2 years court supervision and the "treatment" (treatment was a waste of time because by the time I took the counseling, I had already stopped smoking), After I completed that, something was going to happen with my DUI but I can't remember what. Thought I waited enough time to apply.  I wonder if they'll hold it for a year or if I'll have to reapply?

 


Court supervision, if you completed it successfully, results in the expungement of your DUI.

You'll have to reapply when the 5 years are up.

 

Will my class count? Or am I looking at re-taking that again too?  Yeah, that's what it was I think.  If it was an expungement though, the records are sealed from state and federal repositories.. how would they know about court ordered treatment?


Edited by Xploit3d, 15 May 2019 - 06:51 PM.


#15 Euler

    Member

  • Members
  • 1,285 posts
  • Joined: 26-February 18

Posted 15 May 2019 - 06:54 PM

Court supervision, if you completed it successfully, results in the expungement of your DUI.

You'll have to reapply when the 5 years are up.

Will my class count? Or am I looking at re-taking that again too?  Yeah, that's what it was I think.


My understanding is that class certificates don't expire, but you can only use each one once. Since your application this time is going to get denied, the same certificate should be okay for your application next year.
The welfare of the people in particular has always been the alibi of tyrants, and it provides the further advantage of giving the servants of tyranny a good conscience.

- Albert Camus, Resistance, Rebellion, and Death, 1960.


#16 Molly B.

    IllinoisCarry spokesperson

  • Moderator
  • 15,895 posts
  • Joined: 18-April 05

Posted 15 May 2019 - 07:45 PM

If you are denied, you would file an appeal and then ISP would approve your appeal at the end of the 5 year period. At least that is what they have been doing.
"It does not take a majority to prevail ... but rather an irate, tireless minority, keen on setting brushfires of freedom in the minds of men." --Samuel Adams

#17 Xploit3d

  • Members
  • 8 posts
  • Joined: 14-May 19

Posted 15 May 2019 - 07:53 PM

If you are denied, you would file an appeal and then ISP would approve your appeal at the end of the 5 year period. At least that is what they have been doing.

That sounds like the best case scenario for me.  At the very least, hopefully that is what happens.






0 user(s) are reading this topic

0 members, 0 guests, 0 anonymous users