FOID Denied

[HopefulFOID]

Long story short, I applied for a FOID a while back, been wanting to get one for a while and was surprised/although not so much, that I was denied not long after. Basically, back when I was a teenager I got involved with the wrong friends and ended up getting charged for Aggrated Robbery, I was 16 going on 17. I am now 34 with no convictions besides speeding tickets in the last 17 years. The reason I was surprised is because I figured that was sealed/expunged or no longer on my records.

 

Anywho, Id like to appeal this decision and have no clue where to begin or if Im just wasting my time?

What can I do?

[spanishjames]

Try here:

http://illinoiscarry.com/forum/index.php?showtopic=47227&hl=+appeal%20+foid

[MrSmallie]

It should say on your denial what your options are. make sure to keep that letter in a safe place. It will be needed if you need to file a petition.

[Bubbacs]

were you convicted

and if so were they felony charges

 

just asking since you state you weren't surprised

[HopefulFOID]

Unfortunately, when i first applied was a few years ago, I have misplaced the original denial. I was hoping that some time had passed that it allows you to re-apply but apparently I just need to start the appeal process. I will get going on that and hope that I can restore my rights eventually.

 

And yes unfortunately I was charged with the aggravated robbery as a juvenile, I believe it was a class 4, hence me not being surprised. The surprise for me is that so much time had passed and I was a juvenile, but it still effects me 17 years later. Biggest and dumbest mistake of my life, I have kids now and it is my worst fear that they get caught up with the wrong people and wind up being a follower rather than their own person. I look back and don’t even know who that person was. Wish me luck and if anyone is feeling kind enough to want to assist with direction, it’d be greatly appreciated.

[MrSmallie]

What County are you in?

[Molly B.]

There are some new expungement laws in IL for minors at the time of conviction. You might check this site for any info that might be helpful:

 

https://www2.illinois.gov/osad/Expungement/Pages/JuvenileExpungement.aspx

[Molly B.]

You are going to need proof that you applied for the FOID and was denied. You might print out a copy of your online account showing denied and get it notarized.

[HopefulFOID]

I was originally in McHenry County, but now I am currently in Cook.

 

Thank you for that link, I will be looking into that juvenile expungement information!

[MrSmallie]

but now I am currently in Cook.

 

 

Ugh... good luck... I would contact Attorney Fred Nickl. Not cheap, but he's your best bet for Cook County.

[InterestedBystander]

In case it helps, there is a large set of appeal forms in the ISPFSB FAQ

 

https://ispfsb.com/Public/Faq.aspx

 

6. Forms and Appeal Instructions

Lost FOID Affidavit

FOID Appeal Requirements (Mental Health)

FOID Appeal Requirements (Non-Mental Health)

FOID Appeal Requirements (Developmentally/Intellectually Disabled)

Request for Investigation and Waiver of Liability

Request for FOID Appeal

Psychiatric Evaluation or Letter Requirement

Mental Health Certification for Firearm Possession

FOID Application Inadvertent Yes Answer Affidavit - Felony

FOID Application Inadvertent Yes Answer Affidavit - Conviction in Past 5 Years

FOID Application Inadvertent Yes Answer Affidavit - Domestic Battery

FOID Application Inadvertent Yes Answer Affidavit - Order of Protection

FOID Application Inadvertent Yes Answer Affidavit - Addicted to Narcotics

FOID Application Inadvertent Yes Answer Affidavit - Medical Marijuana

FOID Application Inadvertent Yes Answer Affidavit - Failed Drug Test

FOID Application Inadvertent Yes Answer Affidavit - Mental Health Admission Within 5 Years

FOID Application Inadvertent Yes Answer Affidavit - Adjudicated Mental Defective

FOID Application Inadvertent Yes Answer Affidavit - Developmentally/Intellectually Disabled

FOID Application Inadvertent Yes Answer Affidavit - Alien (Unlawfully Present)

FOID Application Inadvertent Yes Answer Affidavit - Alien (Non-Immigrant Visa)

FOID Application Inadvertent Yes Answer Affidavit - Renounced Citizenship

FOID Application Inadvertent Yes Answer Affidavit - Dishonorable Discharge

FOID Application Inadvertent Yes Answer Affidavit - Fugitive from Justice

FOID Application Inadvertent Yes Answer Affidavit - Minor Adjudicated Delinquent (Felony)

FOID Application Inadvertent Yes Answer Affidavit - Adult Adjudicated Delinquent (Felony)

[MrSmallie]

I still recommend an attorney. But based on what you've said, you'll need to appeal in circuit court.

 

I'm guessing your denial letter stated something similar to:

"application was denied pursuant to 430 ILCS 65/8(p) which reads: “An adult who had been adjudicated a delinquent minor, under the Juvenile Court Act of 1987 for the commission of an offense that if committed by an adult would be a felony.”

and the statute:

430 ILCS 65/5(e) the Court may grant relief if this Petition is filed more than 10 years after the adjudication of delinquency and if the Court determines that the applicant should be granted such relief.

 

There's about a 99.99% chance that Cook County will object.

[HopefulFOID]

Sorry for the long time bump. I am getting around to trying to pursue my FOID again. I recently applied again so I can get my denial letter. I have a Felony 1 aggravated Robbery conviction from 2002 and is showing up on my juvenile records apparently. I was reading a bit more into Mollys post about Juvenile Expungement. 
 

If I apply for expungement and it’s granted, what would be my next step? Does that clear my record from the ISP as well? Do I then file for a records challenge and send in the expungement record? 
 

im waiting for the letter, but was under the impression I need to file for clemency first and then petition the court.  I got discouraged for a while as I know it’s a lengthy process, but my motivation has sprung again. 

[Molly B.]

After expunging your record, You would submit a records challenge appeal along with documents showing the conviction was expunged.  If you cannot get it expunged, you would need to petition for restoration of rights in the circuit court in the county where you live, and then submit those documents with a records challenge appeal.