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Convicted Felon Seeking Reinstatement


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In 1999... when I was 19... I was convicted of a class 4 felony for possession of a firearm without a FOID and a class 3 felony for possession of cannabis. The arrests took place at different times, but the cases were combined and I was sentenced at the same time to 3 years in IDOC.
I have not had any convictions since then (aside from a LOT of speeding tickets)
I have attained both a bachelors and a masters degree and currently work in the Nuclear Industry.
In order to obtain my current position I have had to (aside from disclosing my entire criminal history) get cleared by both the FBI and the NRC (for unescorted access to US Nuclear facilities) and I also undergo fairly extensive psychological testing every three years. So the US Government feels I am safe to be around the critical systems that run reactors. In fact, my job is to protect them.
At this point, I have decided to try and get my gun rights restored.
I applied for a FOID and disclosed I am a felon, fully expecting to get denied & since I have a weapons conviction I am ineligible to appeal to the ISP and must file a petition in circuit court.
So far, I have spoken to three different attorneys that advertise their expertise in 2nd Amendment issues and gotten 2 different answers.
  1. One told me it was fully possible and that he charged $5000, but he would not travel to Central Illinois for the case.
  2. The next one told me after some court cases last year, ISP was arguing that Illinois restoring a person's rights did not remove the federal ban and as such, none of these cases were getting through. He told me $7500 and he would file for executive clemency with the governor's office.
  3. The last one told me he charged $3500 and that he successfully argued 2 of these cases in January, stating that when a person who is sent to prison finishes parole, they get their right to vote and hold public office back... which constitutes a "restoration of civil rights" and thus removes the federal restriction. He stated the only people not eligible are those convicted of misdemeanor domestic battery and who are not incarcerated. However, he is also in Chicago and unwilling to travel to take my case.

I don't mind throwing some money at this if I have a shot, but I don't want to throw $7500 at it and wait years on a process that currently has a 97% denial rate.

I have another meeting with a more local attorney on Monday,

 

I am curious if anyone here has had success or personally knows of anyone having success in a case like this?

 

I of course, will keep this post updated with any developments but I expect this to be a long process.

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We cannot offer legal advice because we are not attorneys here but we can share what other members have done to restore their rights. The first thing I would suggest you do is petition to have your class 4 felony for possession of a firearm without a FOID vacated. That law was ruled unconstitutional in Aquilar You would need to file the petition in the circuit court in the county where you live. It is not necessary to have an attorney to do this.

 

Once you do that, You might be able to file a FOID appeal with the ISP, since the prohibitor would no longer be firearm related? Not sure.

 

If that option is not available, you can petition the same court to restore your firearm rights. Other members mentioned having witnesses to attest to their character, in person or via notarized affidavits, Also a notarized affidavit from yourself stating all that you have accomplished and the exemplary life you have led since your incarceration.

 

I know folks to be successful doing this on their own and others hired attorneys.

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Thank you for the response.
I am definitely engaging an attorney for this.
Interestingly, when I was originally charged with the weapons violation AND when I compiled my criminal history for my employment it read "unlawful use / poss firearm no valid FOID".
NOW when I pull it up it simply says "Unlawful possession of a firearm".

I am assuming that has something to do with Aquilar.
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It'll be vacated as per Aguilar, In re Jordan G, and the like. Just gotta find a competent attorney to file the motions. State might fight it, I've seen a few appeals of vacations of AUUW/UUW convictions under Aguilar. Also seen appeals regarding reinstatement of other AUUW/UUW that were nol prossed, after the defendant's conviction was vacated under Aguilar. Make sure you have an appellate level attorney who really knows his or her stuff.

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I have a few questions that I cannot seem to find an answer to. Please forgive me if this has been discussed or answered.

 

Let me set this up.

 

The ISP has denied your application for a FOID. You appealed. Your appeal was denied by the ISP. You now decide to take this to the circuit court.

 

By what set of laws or administrative rules or whatever does the circuit court follow to make a ruling regarding the issuance of the FOID? Is it all arbitrary? Is there a standard? Is there a time limit for after a disqualifying event you have remained event free that you receive a FOID? More important is where can a person read these standards?

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This is covered under 430 ILCS 65. You can simply google that and find the whole statute to read.
Specifically, the section on appeals is 430 ILCS 65/10, which you can find here.

I have done quite a bit of research on this, and spoken to 4 different attorneys now.
Basically, there are four things you have to show in circuit court:

1. You have not been convicted of a forcible felony under the laws of this State or any other state within 20 years, or at least 20 years have passed since the end of any period of imprisonment imposed in relation to that conviction. (Only certain felonies count as "forcible").
2. Your criminal history and reputation are such that you are not likely to act in a manner dangerous to public safety.
3. Granting relief would not be contrary to the public interest.
4. Granting relief would not be contrary to federal law.
If you have ever been sentenced to jail time in Illinois and been released, three different lawyers have told me that #4 can be proved. When you are sent to jail, you lose your rights to vote and hold office... when you are released those rights are restored. In several cases courts have decided that the restoration of those rights constitutes a "restoration of civil rights" and thus, the federal ban is removed. The big issues come in if you have domestic battery charges where you did not serve jail time.
As for numbers 2 and 3... those are dependent on you, how long it has been since your conviction, what you have done with your life since you were in trouble and your ability to get people to vouch for you, either by testifying in court or by getting affidavits.
As for my unlawful possession being vacated...
I went to the county clerk's office today and got my original paperwork. I verified that I was prosecuted under the statute covered by People V. Aguilar.
However, my attorney told me since I took a plea deal, he has to verify if I can just get the conviction vacated or if there are other requirements. I should know more in a few days.
IF that conviction is vacated, he said I am almost assured to get my rights restored. If not... he said I still have a good chance, but no guarantees.
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I had my AUUW vacated based on Aguilar. The arrest was in 2001.That did not stop the Cook Pizza Man Dart from objecting ! I filed and still pending a federal lawsuit against the Board and unknown objectors.the State turned over who the objector was and also issued my CCL.

 

No doubt the court will dismiss the State, but I do have a chance at that phony azz Sheriff..

 

I am not 100% sure but I believe in one case against the ISP and CCB I read where a FOID card violation was not a crime if you were under 21..I hope that is correct,for your sake.

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  • 2 weeks later...

Not A Lawyer.

 

The fact is the law is clear. Convicted felons cannot possess a firearm. Clearance that you currently have is not that black and white when considering and their resources are more extensive.

 

My suggestion, exsponge the felonies. You can go to the court house and apply for that on your own. No lawyer needed. A judge can review your case and records and can make the determination.

 

From your information, I find this HIGHLY likely.

 

Once this is done, your process that you are attempting to do becomes more likely as well.

 

Currently, you are essentially asking them to bypass the current laws, make an exception which is against the law and greatly increases any possible of liability. Won't happen.

 

Those lawyers just want to charge you money for doing this for you, then appealing your process.....which if they have any reason to really try (being they already have your money), they just gonna Rob you.

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I did get robbed from my attorney so I did a appeal myself for the ISP and I also filed for clemency which I have a hearing on next month. These people just don't won't a ex felon two have firearm rights back even if they have turned their life around. I wish I could sue somehow I have a right to protect my family, home, property and myself. The Second Amendment is nonagotional!!
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I did get robbed from my attorney so I did a appeal myself for the ISP and I also filed for clemency which I have a hearing on next month. These people just don't won't a ex felon two have firearm rights back even if they have turned their life around. I wish I could sue somehow I have a right to protect my family, home, property and myself. The Second Amendment is nonagotional!!

 

Penumbra1811,

 

I don't know much about your situation other than you say you are a convicted felon that appears to have turned his life around. I commend you for your accomplishment. You do have a right to protect your family, home and yourself. How you protect is limited in that there are many states with laws against allowing convicted felons to purchase, own and possess firearms. I'm sure you can understand why since few convicted felons have your accomplishment of turning their lives around. Your best bet to have your rights restored is clemency. I would engage a different attorney to assist you. Not all attorneys "rob" their clients, but given the importance, you do not want to wade through the legal morass on your own.

 

I wish you the best.

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  • 3 weeks later...

A felony for having a firearm without a foid or a felony for cannabis...

Wow guess things have changed a dealer selling with less then a pound with a firearm in his home and no foid is just 2 misdemeanors anymore, at least in Du Page.

Seen it he actually got 3 misdemeanors that night and was home before breakfest.

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  • 1 month later...

Update on my case.

I retained an attorney here in McLean County and last month we filed a "Petition for Post Conviction Relief" under 725 ILCS 5/122-2 and a hearing date was assigned.

 

Monday, I received a letter from the circuit court saying they had cancelled my hearing stating they found I "lacked standing to bring a petition under the Illinois Post-Conviction Act, and therefore the petition filed was frivolous and patently without merit" therefore they were dismissing it at the first stage, without even hearing it.

 

They did this based on the first paragraph of the Post-Conviction Act, which states "Any person imprisoned in the penitentiary may institute a proceeding under this Article". They decided that since I was not imprisoned, I had no rights under this act.

 

I have yet to speak to my Lawyer about this as he is out this week. Personally, I plan to continue fighting either through appeal, or through a different statute. We will see.

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I believe you would have standing to appeal under this statute:

 

 

(430 ILCS 65/10) (from Ch. 38, par. 83-10)
Sec. 10. Appeal to director; hearing; relief from firearm prohibitions.
(a) Whenever an application for a Firearm Owner's Identification Card is denied, whenever the Department fails to act on an application within 30 days of its receipt, or whenever such a Card is revoked or seized as provided for in Section 8 of this Act, the aggrieved party may appeal to the Director of State Police for a hearing upon such denial, revocation or seizure, unless the denial, revocation, or seizure was based upon a forcible felony, stalking, aggravated stalking, domestic battery, any violation of the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, or the Cannabis Control Act that is classified as a Class 2 or greater felony, any felony violation of Article 24 of the Criminal Code of 1961 or the Criminal Code of 2012, or any adjudication as a delinquent minor for the commission of an offense that if committed by an adult would be a felony, in which case the aggrieved party may petition the circuit court in writing in the county of his or her residence for a hearing upon such denial, revocation, or seizure.
(b] At least 30 days before any hearing in the circuit court, the petitioner shall serve the relevant State's Attorney with a copy of the petition. The State's Attorney may object to the petition and present evidence. At the hearing the court shall determine whether substantial justice has been done. Should the court determine that substantial justice has not been done, the court shall issue an order directing the Department of State Police to issue a Card. However, the court shall not issue the order if the petitioner is otherwise prohibited from obtaining, possessing, or using a firearm under federalb] law.
© Any person prohibited from possessing a firearm under Sections 24-1.1 or 24-3.1 of the Criminal Code of 2012 or acquiring a Firearm Owner's Identification Card under Section 8 of this Act may apply to the Director of State Police or petition the circuit court in the county where the petitioner resides, whichever is applicable in accordance with subsection (a) of this Section, requesting relief from such prohibition and the Director or court may grant such relief if it is established by the applicant to the court's or Director's satisfaction that:
(0.05) when in the circuit court, the State's

 

Attorney has been served with a written copy of the petition at least 30 days before any such hearing in the circuit court and at the hearing the State's Attorney was afforded an opportunity to present evidence and object to the petition;
(1) the applicant has not been convicted of a

 

forcible felony under the laws of this State or any other jurisdiction within 20 years of the applicant's application for a Firearm Owner's Identification Card, or at least 20 years have passed since the end of any period of imprisonment imposed in relation to that conviction;
(2) the circumstances regarding a criminal

 

conviction, where applicable, the applicant's criminal history and his reputation are such that the applicant will not be likely to act in a manner dangerous to public safety;
(3) granting relief would not be contrary to the

 

public interest; and
(4) granting relief would not be contrary to federal

 

law.
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  • 2 weeks later...
  • 1 month later...

Update on my case.
My attorney re-filed my petition under a different statute. This time we used 735 ILCS 5/2-1401 "Relief from Judgements".

 

A new hearing was set, then postponed... then the judge retired... then another hearing was set which I finally attended yesterday.

 

The state did not even object to the petition and in a matter of about 5 minutes the case was heard and the order signed off by the judge.
My conviction was found unconstitutional and voided ab initio so it is like it never happened.

 

I still have a felony conviction for possession of cannabis, so I am not out of the woods yet. However, I do have my FOID denial from the state and will be fighting that next.

 

Thank you everyone for the information and assistance with this.

Edited by Tannert
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