Update June 14, 2017:
If your CCL was denied by the Concealed Carry Review Board, you have a couple of options. The first and probably the least expensive is to have your record/rap sheet expunged (available only if you have no convictions on your record), then ask the ISP to clear your application from their system and reapply. The cost would include the expunging fees and the license fee. There is a very good possibility of success, but make sure everything has been expunged before reapplying.
Second option is to file an administrative review complaint in circuit court in the county where you live. However, you need to be aware that the court will only review whether or not the review board acted properly and according to the statute. The administrative review judge will not evaluate whether or not the review board was justified in their ruling. If you want to appeal based on a constitutional argument, that must be presented in your response to the review board, otherwise it will not be allowed to be introduced in your court appeal. See this link.
The denial letters sent out by the ISP inform applicants that they can appeal a CCL Review Board denial by filing an appeal called an Administrative Review Complaint. There is a 35 day deadline to file and the appeal must be filed in the circuit court in the county where you live.
Some members have shared some examples of what they are filing. This is not legal advice. We are just sharing what some think might be what the courts will want to see.
Some have argued a 'hearsay defense' claiming a police report is hearsay evidence and not admissible to be considered by the CCL Review Board . The state appellate courts are dismissing this argument on the basis the statute does allow police reports to be considered.
If you have a sample you would like to share, please let us know.
Thank you to everyone who has been so helpful in providing new information to the appeal process. Folks who have filed tell us summons must be served to the chairman of the Concealed Carry Review Board and director of the ISP and any other particular individuals at the ISP you want to add to the appeal process. We have added templates that others have used for these summons. The fee to file seems to range from around $100 in some counties to over $300 in Cook Co. We are also told there is a $12-$15 additional fee to file each summons. A member has added an update about a waiver for the fees: ask for a waiver form to pay zero to file your petition along with the summons and postage.
Cook County specific information:
What is the procedure for filing an administrative review complaint or appeal when a concealed carry license has been denied by the Concealed Carry License Review Board?
You need a Chancery Cover sheet, A Complaint, An Administrative Review Summons, any evidence you may have and are required to fill out our certified mailing forms for each defendant you need to serve. All of these can be found online and or in the Daley Center Chancery Division room 802. Also a filing fee of: $278 + postage (which varies by weight of the document you have served). You may ask for a waiver to avoid filing fees.
What court house and what office does one go to in Cook Co.? The Daley Center. 50 West Washington Chicago IL. Room 802 to file the paper work and start your case.
Is there legal assistance if someone must file the appeal pro se? Good advice is always to start in the basement of the Daley Center, Room CL-16 (Next to Starbucks) before coming up to Chancery to file your case. CL-16 has attorneys which can give you free legal advice and help you fill out paperwork.
Court Clerk Supervisor
The following template dates 2014, from early on when the board was denying licenses without revealing what agency objected and without disclosing to the applicant the reason for the objection, so there is a need to do some updating to the template.
A ccl petition 2017.pdf 88.19KB 22 downloads
A Summons1.doc 30KB 6 downloads
A Summons2.doc 30KB 3 downloads
It has been suggested that anyone filing also add some 'John Doe' defendants so that if you need to add one later you can simple replace a John Doe with the real person/entity... as we understand it you won't have to pay to serve the John Doe's until they are named, and this also prevents the court from dropping the paperwork or ruling against you because of a technicality of missing to name someone that was mandated...
I want to personally thank all the individuals who are filing appeals and sharing their information with us.
eta: ask for waiver to avoid filing fees
eta: appellate court rulings denying 'hearsay' complaint - 7-18-2017
eta: added new templates with updated info 8-9-2017
Edited by Molly B., 10 August 2017 - 05:46 AM.
updated info August 9, 2017