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Felony revoked foid

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#1 saleski

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Posted 14 May 2016 - 09:14 AM

I had just finished my conceal and carry class I had a pending gun purchase...I went home to file for my conceal and carry I noticed my foid was revoked yes I have my foid card for about 2 weeks...I did call state police I found out over the phone I have a felony out of Texas....which I don't understand why the felony they are talking abou happened in the country of Mexico 22 years ago it happened in Saltillo,Coahuila Mexico yes I made I big mistake I am not denying it, due to the torture I had endored for 2 years In a prison which I didn't speak their language. The American embassy could not do anything for me untill mexicos court system was done with me...then I transferred to United States as a Mexico prisoner doing Mexico prison time in my home land...due to my clean record I was given a immediate release...I have never left my home land again kept out of trouble just a speeding traffic ticket...I am getting my file records to send Illinois state police...I have been revoked now for 6 days and isp has not sent a letter nor an email informing me that I have been revoked what can I do o clear his up

#2 Molly B.

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Posted 14 May 2016 - 09:20 AM

I had just finished my conceal and carry class I had a pending gun purchase...I went home to file for my conceal and carry I noticed my foid was revoked yes I have my foid card for about 2 weeks...I did call state police I found out over the phone I have a felony out of Texas....which I don't understand why the felony they are talking abou happened in the country of Mexico 22 years ago it happened in Saltillo,Coahuila Mexico yes I made I big mistake I am not denying it, due to the torture I had endored for 2 years In a prison which I didn't speak their language. The American embassy could not do anything for me untill mexicos court system was done with me...then I transferred to United States as a Mexico prisoner doing Mexico prison time in my home land...due to my clean record I was given a immediate release...I have never left my home land again kept out of trouble just a speeding traffic ticket...I am getting my file records to send Illinois state police...I have been revoked now for 6 days and isp has not sent a letter nor an email informing me that I have been revoked what can I do o clear his up

 

Before you can do anything, you will need to wait for the revocation letter from the ISP. The letter will state whether or not you can file an appeal with the ISP or if you will need to appeal in circuit court.


"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

#3 saleski

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Posted 14 May 2016 - 09:30 AM

How long does this process of getting notified take I have talked with he federal public defender that handled my transfer case and she stated this should not have been on my American record at all...she is getting me a copy of my file thank god other wise I really have nothing to prove this has happened in Mexico

Edited by saleski, 14 May 2016 - 09:35 AM.


#4 Molly B.

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Posted 14 May 2016 - 09:42 AM

I would think you will receive a letter at any time, surely within the next week?


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#5 TomKoz

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Posted 14 May 2016 - 09:53 AM

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#6 jmeyers

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Posted 14 May 2016 - 10:20 AM

LOL, ISP provide notice of revocation? You've surely got to be joking Molly B :)



#7 Molly B.

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Posted 14 May 2016 - 10:50 AM

LOL, ISP provide notice of revocation? You've surely got to be joking Molly B :)

 

For a FOID revocation they are usually rather timely with their notifications. . . because we still here behind the lead curtain.


"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

#8 RandyP

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Posted 14 May 2016 - 11:56 AM

I hope your situation get resolved as best it legally can be resolved.

 

I must note that on the Illinois State Police website linked below, following the "Am I Eligible" tab, the first eligibility requirement for an FOID card applicant is that they have never been convicted of any felony under the laws of this or any other jurisdiction.

 

https://www.ispfsb.c...ublic/FOID.aspx

 

So that will be your first major obstacle.


Edited by RandyP, 14 May 2016 - 11:58 AM.


#9 saleski

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Posted 14 May 2016 - 02:21 PM

randy i understand i only have 1 record in mexico which i regret badly

 

i never got in trouble in our homeland of united states of America, 

 

i did receive my notice in today's mail already went to my local police dept. turned in my foid card... no weapons owned 

 

now the fun of appeals start



#10 Molly B.

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Posted 14 May 2016 - 02:41 PM

Does it say if you can file an appeal with the ISP or do you have to file in circuit court?


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#11 WARFACE

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Posted 14 May 2016 - 02:45 PM

So what does the ISP do for the 30 days it takes to get an applicant their card, take their word that they are telling the truth on their application? Aren't they supposed to background check everyone? It's too bad the OP got caught up in the revocation thing but why didn't the state do their job in the first place? If there was a problem with the OP's background then why did they issue a card? They background all FOID holders every night but can't be bothered to do a check before the card is issued. WOW! 


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#12 WARFACE

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Posted 14 May 2016 - 02:53 PM

Nothing personal saleski but it never ceases to amaze how screwed up this state is. You would think with the $20+ million we have given the ISP they would have spent it wisely on an updated system so this sort of thing doesn't happen. Now the OP went out and spent a bunch of money, only to have the rug yanked out from under him and the ISP had plenty of time to search his background and deny his card upfront. 


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#13 saleski

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Posted 15 May 2016 - 05:12 AM

Warfare I agree with you.....and I didn't lie on my application I have not been convicted of a felony that any jurisdiction America has....
Yes I am American.....

Due to the prisoner transfer treaty their is a clause I was not aware of....dual Criminal charges if a person does an offense that is punishable on both sides its on both records no punishment for the second country or no court date.....

Edited by saleski, 15 May 2016 - 05:14 AM.


#14 saleski

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Posted 15 May 2016 - 05:20 AM

Molly is says isp

#15 RandyP

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Posted 15 May 2016 - 05:31 AM

It is perhaps unfortunate that the FOID law does not allow for any statute of limitations on some felony offenses. The State's intent is clear on eligibility. No felonies in any jurisdiction.

 

I agree with Warface and do not understand why this application was not denied up front - no FOID issued at all - which would have avoided the whole situation. The felony record data must have been available 'someplace' if they then revoked so quickly?


Edited by RandyP, 15 May 2016 - 05:32 AM.


#16 Cerus

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Posted 15 May 2016 - 09:48 AM

Warfare I agree with you.....and I didn't lie on my application I have not been convicted of a felony that any jurisdiction America has....
Yes I am American.....
Due to the prisoner transfer treaty their is a clause I was not aware of....dual Criminal charges if a person does an offense that is punishable on both sides its on both records no punishment for the second country or no court date.....



It's "any other jurisdiction" though. Unfortunately they've cost you money that could have been avoided by a proper BG check as mentioned already.

#17 saleski

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Posted 15 May 2016 - 09:49 AM

well now i will contact a law firm and see what my options...i have to have some kind of option this was in another country and it was over 20 years ago.....hoping for the best outcome.....it does state any force able felony is not allowed plus i am getting my fbi rap sheet , and my Mexico files, transfer files. there has to be some kind of forgiveness once i did transfer i did get a immediate release 2 months in mc la tuna for the paperwork to go through no parole hearing, no court date  i have been a changed man since my 1 mistake in 12/94 i havent had no arrest nor any convictions only a speeding and parking ticket



#18 Cerus

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Posted 15 May 2016 - 10:00 AM

You might wanna PM Molly the details of what happened and get her opinion. You can appeal the FOID revocation but then you'll be back at it for your CCL if you get that far as I'm sure it would be rejected as well. Even if you could get the Mexico record expunged I don't believe expungements are hidden during the background check for a CCL.

#19 saleski

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Posted 15 May 2016 - 10:10 AM

so should i file for my ccl knowing it will get rejected i already completed the course and paid for my fingerprints. so if i do prove that it was in another country not here ( over the phone isp did ask if i have proof that this was in mexico not here)



#20 Cerus

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Posted 15 May 2016 - 10:36 AM

so should i file for my ccl knowing it will get rejected i already completed the course and paid for my fingerprints. so if i do prove that it was in another country not here ( over the phone isp did ask if i have proof that this was in mexico not here)


I would get some clarification on the "any other jurisdiction" part in the FOID requirements. Because I'm sure it covers felonies from ANY country so a career felon who lived in/committed crimes in France for a decade couldn't move back home and get a FOID.

You can always appeal though it may have you tied up for a long time. IANAL and all that and not the expert when it comes to those little IL law details.

#21 RandyP

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Posted 15 May 2016 - 10:41 AM

Until you get some resolution of your FOID revocation, there is no good reason to spend even more money by sending a check off to the State for a CCW. (No refunds) Your class credentials are good for a year if memory serves?

 

No point in throwing good money down the rabbit hole.

 

If there is a legal appeal to reinstate your FOID, you can send off the money for the CCW then.


Edited by RandyP, 15 May 2016 - 10:45 AM.


#22 saleski

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Posted 15 May 2016 - 11:45 AM

i guess i should start with the president of Mexico and beg for forgiveness....i just asked my past ccw instructor which will remain nameless he stated any jurisdiction they can get their hands on. so if i prove that this was indeed an act aboard it still would count against me (????)



#23 cls74

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Posted 15 May 2016 - 11:58 AM

Depending on type of felony, you may qualify for reprieve due to length of time.

There is a 20 year pathway for some felonies(might even be less for lesser felonies) with a clean record since.

Your best bet is to wait for MollyB to respond, she will be able to offerthe best advice and route to take.

#24 Bubbacs

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Posted 15 May 2016 - 02:05 PM

I'm reminded of the immigration situation still ongoing across our country, NOT the OP, but the talk about letting felons in the country.
Just a reminder that most laws hold any felony against someone regardless of where and when it happened.

Others have already said to save you money/funds, hire an attorney after talking to Molly B.

And Good Luck

#25 Molly B.

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Posted 15 May 2016 - 05:05 PM

Molly is says isp

 

 

This should be pretty straightforward and not too difficult but could be a bit of a wait since they have a backlog of appeals.  You do not need an attorney to appeal to the ISP, but that's up to you.  It sounds like a non-violent felony which requires 10 years clean record (20 years for violent felony).  So you're good there.  Getting your records all together is a good thing.  You may not need all of them but if ISP denies your appeal, the next step is circuit court and you'll need them there.

 

You will need to fill out this form:  https://www.ispfsb.c...nstructions.pdf

 

You will need to submit a Request for Investigation and Waiver of Liability form
Attached File  ISP FOID Liability and Investigation Waiver.pdf   358.34KB   128 downloads
 
More info can be found here:  https://www.ispfsb.c...dFOIDCards.aspx

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#26 Molly B.

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Posted 15 May 2016 - 05:09 PM

Do not apply for your CCL until the FOID problem is resolved.  It will be a waste of money, time, and effort until you have your FOID back.

 

Under current law the training does not expire.


"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

#27 RacerDave6

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Posted 15 May 2016 - 05:46 PM

Under current law the training does not expire.


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#28 saleski

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Posted 16 May 2016 - 06:39 AM

If yous say no lawyer and most felonys have a 10 to 20 expiration.....what would be my next step ( I really don't have experience in appeals )

1. 3 letters from family and friends
2. My life story how I have changed since 1997
I turned in my void card within 2 hours of receiving my revoked letter from my mail box.
3. Paper work and police report for foid turn in...

Would I appeal isp decision or the records isp used?

Edited by saleski, 16 May 2016 - 06:52 AM.


#29 RandyP

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Posted 16 May 2016 - 06:46 AM

You do not NEED a lawyer to file the appeal...

 

.but in my honest opinion it is a good idea to consult one. Were I in your shoes I'd get a private e-mail reference from Molly B for a lawyer with experience in this area and give them a call.



#30 skinnyb82

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Posted 16 May 2016 - 02:34 PM

This would be nice if we had uniform criminal code across all jurisdictions. By all jurisdictions I mean the globe. Some nations do not label crimes misdemeanor, felony, or anything like what we label them so I guess the question of whether it's a felony must be resolved by inquiring as to the punishment for the offense. The TINY catch there is that there isn't even uniformity across the states as to what is and isn't a disqualifier. Such as MA, where I and everyone with a DUI is a prohibited person simply because the max punishment is 2.5 yrs incarceration. There is no parity. Comparing U.S. law to Mexican law is like comparing lions and oranges (yes that was deliberate). UUW is UUW in IL but the identical act in Mexico is most definitely a VERY serious offense that will result in a long period of incarceration. So I guess the message is know all foreign law backward and forward if you're gonna be in that country for one second or more. Sent from my VS987 using Tapatalk
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