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Won my foid card appeal in appellate court and still no card


Kosta

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Posted · Hidden by Molly B., June 4, 2019 at 02:54 PM - No reason given
Hidden by Molly B., June 4, 2019 at 02:54 PM - No reason given

I went through the amnesty process in my local courthouse (ILCS 65/10 subsection a) and when I sent the judge's signed order to issue the card they took their sweet time.

 

I was told if they haven't issued the FOID card within 120 days that legally you could file contempt charges against them for not obeying the judge's signed order.

 

I called my State Representative and told him the entire story of what the law says, how I went through the court, the judge's signed order, and how it had been over 120 days since I sent the ISP the signed order. My State Representative asked for 30 days to see what he could do.

 

Two weeks after talking to him I got my FOID card in the mail.

 

Molly B. has seen my amnesty paperwork submitted to the court.

 

They have 120 days to issue the card. I don't know what your hurry is as you stated it was 25 years ago.

 

Never heard of an appellate appeal. That's not what the law (ILCS 65/10) says.

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  • 4 weeks later...

I wonder if they aren't issuing your card because maybe they are working with the Sates Attorney to appeal the Illinois Supreme Court. Just my .02 I too am going to court to try and get my FOID card. I wonder if I will have the same damn issue if I win also....makes me a little nervous to say the least. And when you go to re apply for the card what do you put down in the felony conviction part? If you say yes they might not issue it because of the answer, yet if you say no you could be held liable for lying they would say...kind of a catch 22. Just wondering about when it comes time to renew it..

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  • 2 weeks later...
Well it has now been over 2 months since i won in appellate court and judgment was issued to give my foid card back, and still nothing back from the state...
Time to file a motion to hold ISP in contempt. About as straightforward as it gets. What are they gonna do? Say they have to print your FOID so it takes a bit more time? Judge should say "You should've expedited that process." SHOULD have , not WILL say. Meh.

 

Sent from my VS987 using Tapatalk

 

 

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  • 3 weeks later...

Well State finally responded to my lawyer and claimed my foid card is in the mail as of mon May 13th 2019.

So i guess we will see Springfield is only couple hours from me so i should have it by fri the latest.

 

But when i check my name on foid online website it still says denied?

 

So i have no clue..

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Well State finally responded to my lawyer and claimed my foid card is in the mail as of mon May 13th 2019.

So i guess we will see Springfield is only couple hours from me so i should have it by fri the latest.

But when i check my name on foid online website it still says denied?

So i have no clue..

It's likely a different number, based on the new numbering system to match CCLs, or maybe an entirely new number all together.
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CONGRATULATIONS!!

 

:drool:

Now try and use it to see if you somehow get denied for something, or its fine as is, as I am curious. I believe buying ammo wouldn't be an issue, but its the purchasing of a firearm and CCL that I'm worried about. Because this will soon pertain to me. I am just worried that its issued, but that it cannot be used as intended. Hopefully its not a paperweight....

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CONGRATULATIONS!!

 

:drool:

Now try and use it to see if you somehow get denied for something, or its fine as is, as I am curious. I believe buying ammo wouldn't be an issue, but its the purchasing of a firearm and CCL that I'm worried about. Because this will soon pertain to me. I am just worried that its issued, but that it cannot be used as intended. Hopefully its not a paperweight....

Bought a rifle last night online, going to local dealer here in few hours to sign papers and show foid.

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Posted · Hidden by Molly B., June 4, 2019 at 02:54 PM - No reason given
Hidden by Molly B., June 4, 2019 at 02:54 PM - No reason given

The ISP has your appeal on file forever.

 

Purchasing ammo is easy just by showing your valid FOID card.

 

If you purchase a firearm you must answer yes to the question that asks if you are a felon. Because if you lie and say no then that's obstruction of justice a class 4 felony and you'll lose your FOID card forever.

 

Your gun dealer makes a copy of your valid FOID card and faxes the application to purchase as well as your FOID card to the ISP for approval. The ISP sees that you answered yes to the felony question and that you have a valid FOID card so they pull up your file and see the appealed process with the judge's signed order. You'll get your firearm purchase if you show them a valid FOID and don't lie about the questions.

 

When you apply for the CCL you must answer the felony question yes. Because like I said before if you lie about it's a felony itself. They will deny you and when you appeal it online you quote the Illinois Statue where you appealed and that in your file is the judge's signed order.

 

I've never heard of an Appellate Court appeal.

 

Mine was 430 ILCS 65/10 where it states you must appeal to your local court in the County in which you reside in for relief.

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Posted · Hidden by Molly B., June 4, 2019 at 02:54 PM - No reason given
Hidden by Molly B., June 4, 2019 at 02:54 PM - No reason given

So if he answers YES to those questions he gets denied right?

 

If this is a catch 22 situation then maybe he should buy FTF only!

 

Just thoughts.

 

 

Why do you always contradict what I say Bubbac?

 

Are you intentionally trying to provoke me?

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Posted · Hidden by Molly B., June 4, 2019 at 02:51 PM - No reason given
Hidden by Molly B., June 4, 2019 at 02:51 PM - No reason given

The ISP has your appeal on file forever.

 

Purchasing ammo is easy just by showing your valid FOID card.

 

If you purchase a firearm you must answer yes to the question that asks if you are a felon. Because if you lie and say no then that's obstruction of justice a class 4 felony and you'll lose your FOID card forever.

 

Your gun dealer makes a copy of your valid FOID card and faxes the application to purchase as well as your FOID card to the ISP for approval. The ISP sees that you answered yes to the felony question and that you have a valid FOID card so they pull up your file and see the appealed process with the judge's signed order. You'll get your firearm purchase if you show them a valid FOID and don't lie about the questions.

 

When you apply for the CCL you must answer the felony question yes. Because like I said before if you lie about it's a felony itself. They will deny you and when you appeal it online you quote the Illinois Statue where you appealed and that in your file is the judge's signed order.

 

I've never heard of an Appellate Court appeal.

 

Mine was 430 ILCS 65/10 where it states you must appeal to your local court in the County in which you reside in for relief.

 

This is incorrect. The answer to 11 c. on the 4473 should be "No". This is straight out of the instructions on the 4473 on page 4.

 

Also, nothing is faxed to ISP. Its run through FTIP.

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Posted · Hidden by Molly B., June 4, 2019 at 02:51 PM - No reason given
Hidden by Molly B., June 4, 2019 at 02:51 PM - No reason given

 

The ISP has your appeal on file forever.

 

Purchasing ammo is easy just by showing your valid FOID card.

 

If you purchase a firearm you must answer yes to the question that asks if you are a felon. Because if you lie and say no then that's obstruction of justice a class 4 felony and you'll lose your FOID card forever.

 

Your gun dealer makes a copy of your valid FOID card and faxes the application to purchase as well as your FOID card to the ISP for approval. The ISP sees that you answered yes to the felony question and that you have a valid FOID card so they pull up your file and see the appealed process with the judge's signed order. You'll get your firearm purchase if you show them a valid FOID and don't lie about the questions.

 

When you apply for the CCL you must answer the felony question yes. Because like I said before if you lie about it's a felony itself. They will deny you and when you appeal it online you quote the Illinois Statue where you appealed and that in your file is the judge's signed order.

 

I've never heard of an Appellate Court appeal.

 

Mine was 430 ILCS 65/10 where it states you must appeal to your local court in the County in which you reside in for relief.

 

This is incorrect. The answer to 11 c. on the 4473 should be "No". This is straight out of the instructions on the 4473 on page 4.

 

Also, nothing is faxed to ISP. Its run through FTIP.

 

 

 

You're incorrect!

 

One of the first questions on the firearm transfer approval application is "Have you ever been convicted of a felony?"

 

You must have different paperwork in Chicago for transferring/purchasing a firearm.

 

 

 

We can argue about this forever

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Posted · Hidden by Molly B., June 4, 2019 at 02:51 PM - No reason given
Hidden by Molly B., June 4, 2019 at 02:51 PM - No reason given
Read 11c

 

Is he a convicted felon? I was under the assumption that Kosta was a convicted felon from 25 years ago for stolen goods. You're telling him to lie about it.
The exception to 11c was quoted to you above.A convicted felon who has had their rights restored should answer "no."
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Posted · Hidden by Molly B., June 4, 2019 at 02:51 PM - No reason given
Hidden by Molly B., June 4, 2019 at 02:51 PM - No reason given

Is he a convicted felon?

 

I was under the assumption that Kosta was a convicted felon from 25 years ago for stolen goods.

 

You're telling him to lie about it.

 

I am an 01 FFL. You're incorrect. Read the instructions to the 4473.

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I was convicted of a felony over 25 years ago. I have a FOID. I have a CCL.

 

I recently purchased a handgun from Rural King online. I paid online. Gun was sent to the local store. At the local store I filled out the 4473. Per the instructions accompanying the 4473 I answered "No" to the question about being convicted of a felony as I have had my firearm rights restored. The background check did not come back for two days but ultimately it came back clear and after waiting my three days I picked up the firearm.

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Posted · Hidden by Molly B., June 4, 2019 at 02:51 PM - No reason given
Hidden by Molly B., June 4, 2019 at 02:51 PM - No reason given

Yes!

 

Please read the question.

 

Kosta said "I have been appealing this case for 2 years now and just won my case in the Illinois appellate court last month and got all my rights back,"

 

On the 4473 Instructions (my teachers always enforced reading the instructions) it says if the rights have been restored and you are no longer a prohibited person then you answer "NO" to the applicable felony conviction question.

 

 

 

EXCEPTION: A person who has been convicted of a felony, or any other crime, for
which the judge could have imprisoned the person for more than one year, or who has
been convicted of a misdemeanor crime of domestic violence, is not prohibited from
purchasing, receiving, or possessing a firearm if: (1) under the law of the jurisdiction
where the conviction occurred, the person has been pardoned, the conviction has been
expunged or set aside, or the person has had their civil rights (the right to vote, sit on
a jury, and hold public office) taken away and later restored, AND (2) the person is
not prohibited by the law of the jurisdiction where the conviction occurred from
receiving or possessing firearms. Persons subject to this exception, or who receive
relief from disabilities under 18 U.S.C. 925©, should answer "no" to the applicable
question.
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Posted · Hidden by Molly B., June 4, 2019 at 02:54 PM - No reason given
Hidden by Molly B., June 4, 2019 at 02:54 PM - No reason given

Exactly Flynn. Thanks for your post.

 

It is clearly stated that if you have had your civil rights restored you answer "no" to the question. That is exactly what I did.

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