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How to Appeal Revoked or Denied FOID


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Public Act 102-237 amended the FOID Act to create the Firearm Owners Identification (FOID) Card Review Board (FCRB). Effective January 1, 2023, pursuant to Section 10(a-5) of the FOID Act, the Firearm Owners Identification Card Review Board (FCRB) shall consider any request for relief under subsection (a), other than an appeal directed to the circuit court and except when the applicant is challenging the record upon which the decision to deny or revoke was based as provided in subsection (a-10) of the Act.

In practice this means

  • Anyone requesting relief from the denial of a FOID Card application or the revocation of a FOID Card dated on or after December 31, 2022, shall file their request for relief with the FCRB if such denial or revocation was for any of the following reasons:
    • Developmental or Intellectual Disabilities
    • Mental Health Admissions / Clear & Present Danger Incidents that were less than 5 years ago.
    • Law Enforcement Requested for Expedited Relief from a Mental Health Admission
    • Certain Misdemeanors as provided in Section 8k of the FOID Act
    • Felonies other than:
      • Forcible felonies,
      • Stalking,
      • Aggravate 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 conviction of Article 24 of the Criminal Code of 1961 or the Criminal Code of 2012, or
      • Any adjudication as delinquent minor for the commission of an offense that if committed by an adult would be a felony.
  • Please Note:
    • If your filing was complete prior to January 1, 2023, and you have not yet received a decision from the Illinois State Police (ISP), your file will either be transitioned to the FCRB by the ISP or you will receive further direction from the ISP.
    • If you filed materials after January 1, 2023, with the ISP, they will be provided to the FCRB as a part of the transition.

For additional information, please refer to the Office of Firearms Safety Webpage.

 

Start by referencing this page on the ISP FOID/CCL website.  It lists the different reasons for a Denied/Revoked/Suspended FOID Card and the appeal options for each.
https://www.ispfsb.com/Public/Firearms/AppealOptions.aspx

 

Some appeals must be submitted to the ISP, others to the FOID Card Review Board, and then some require a restoration of rights in circuit court. To begin the process of obtaining relief from firearm prohibitions, you must first contact the Illinois State Police to determine which venue has jurisdiction over your denial or revocation.

 

Please contact the ISP at ISP.FRCU@illinois.gov to start the process. They will review your FOID Card Account to determine who has jurisdiction to assist you.

 

If the FOID Card Review Board has jurisdiction over your petition, a member of the Board’s staff will contact you to explain what documentation is needed.



What am I required to do if my FOID Card was revoked?

The FOID Act (430 ILCS 65/9.5) requires within 48 hours of receiving notification of the revocation or suspension of your FOID Card, that you:

  1. Surrender your Firearm Owner's Identification Card to the local law enforcement agency where you reside;
  2. Transfer all firearms in your possession or control; and
  3. Complete a Firearm Disposition Record, which can be found here.

    Instructions are included on the form; failure to comply with this statute constitutes a Class A misdemeanor.

  4. If your FOID Card was revoked because you no longer reside in Illinois, please destroy your FOID card and ensure you are in compliance with the laws of the state in which your reside.
  5. If you are the sponsor of a minor(s) who has a FOID card, the minor's FOID card has also been revoked and must be immediately surrendered; please have the minor complete a Firearm Disposition Record as well.

1.  What do I do if I think there has been a mistake, and my FOID Card or CCL was incorrectly revoked or my application was incorrectly denied?

If you believe our records have inaccurately identified you as prohibited from possessing a FOID Card, you do not need to appeal to the Director for relief. Rather, you will need to utilize the "Other Types of Firearms Rights Restorations Tab" and select I Inadvertently Answered Yes or Need to Challenge My Record.

 

2.  My FOID Card was revoked or my application was denied. How do I appeal this decision?

  • Section 10 of the FOID Act provides that when a FOID card is revoked or an application is denied, the aggrieved party may appeal to the FCRB for relief unless the revocation or denial was based upon certain felony convictions.

 

3.  If you were a patient in a Mental Health Facility more than five years ago, you do not need to appeal to the FCRB for relief. To restore your firearms rights, you must receive a mental health evaluation by an Illinois licensed physician, clinical psychologist, or qualified examiner as those terms are defined in the Mental Health and Developmental Disabilities Code (405 ILCS 5/1-122), and a certification that you are not a clear and present danger to yourself or others.

If your physician or clinical psychologist reviews the documentation regarding your hospitalization, assesses your current mental health status, and agrees you meet the conditions set forth in the form, they can complete the Mental Health Certification form, which is available at:

Mental Health Certification form  Please note, this form must be returned directly to the Illinois State Police by the examiner and may not be sent by you.

Upon receipt of a properly completed Mental Health Certification form, your application will be reviewed. Unfortunately, the Department is unable to provide a time frame for when the review will be complete and the card issued; however, you will be notified once the decision has been made or if additional information is needed.

Relevant Checklists and Forms

If you were a patient in a Mental Health Facility less than five years ago,

 The information required for relief is listed on the checklist below. Please use this to ensure all paperwork required is provided because the relief process will not begin until the FCRB receives all necessary documentation. If you fail to provide all of the required documentation within 60 days after receipt of the notice of FOID Card denial or FOID Card revocation, your request for relief will be denied and the case will be closed. You will have to reapply for the FOID card, be denied and then complete the appeal process.

Relevant Checklist and Forms:

 

4.   “Clear and present danger” as provided in Section 1.1 of the FOID Act (430 ILCS 65/1.1) you are not permitted to obtain a Firearm Owner's Identification Card unless you receive relief from the FOID Review Board. The information required for relief is listed on the attached checklists. Please use one of these to ensure all paperwork required is provided because the appeal process will not begin until the Department receives all necessary documentation.
 

If the Clear and Present finding was made more than five years ago use this checklist.

Upon receipt of a properly completed Mental Health Certification form, your application will be actioned. Unfortunately, the Department is unable to provide a time frame for when the review will be complete and the card issued; however, you will be notified once the decision has been made or if additional information is needed.

Relevant Checklist and Forms:

 

If the Clear and Present finding was made less than five years ago, use this checklist.

Upon receipt of all of the documents listed above, your application will be actioned. Submission of the required documents does not guarantee the granting of an appeal or relief; however, it is required to begin the review process. Unfortunately, the Department is unable to provide a time frame for when the review will be complete and the card issued; nevertheless, you will be notified once the decision has been made or if additional information is needed.

Relevant Checklist and Forms:

 

5.  If you were convicted of a Misdemeanor Crime of Domestic Violence, you cannot appeal to the FCRB for relief.  You must first petition for relief in the circuit court in your county of residence.

  •  The information required for relief is listed on the attached checklist. Please use this to ensure all paperwork required is provided because the appeal process will not begin until the Department receives all necessary documentation.

    Upon receipt of the required documentation, your application will be actioned. Unfortunately, the Department is unable to provide a time frame for when the review will be complete and the card issued; nevertheless, you will be notified once the decision has been made or if additional information is needed. Submission of the required documents does not guarantee the granting of an appeal or relief; however, it is required to begin the review process.

  • Please Note: If you obtain relief from a court, a pardon and expungement, or your conviction vacated or set aside; please send a copy of your court documents. No action will be taken without a certified copy from the court.
    Documentation must contain your full name and date of birth and be sent to:

Illinois State Police

Office of Firearms Safety
801 South Seventh Street, Suite 600-S
Springfield, Illinois 62703-2487
Or by email at:
ISP.FOID.Appeals@illinois.go

 

6.  If you were convicted of

  • Forcible felonies,
  • Stalking,
  • Aggravate 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 conviction of Article 24 of the Criminal Code of 1961 or the Criminal Code of 2012, or
  • Any adjudication as delinquent minor for the commission of an offense that if committed by an adult would be a felony.

You must first petition for relief in the circuit court in your county of residence. You cannot appeal to the FCRB for relief.

  • You are required to file your appeal with the circuit court in writing in the county of your residence for a hearing upon such denial, revocation, or seizure. Please refer to 430 ILCS 65/10(a) for additional information. For additional information regarding filing such an appeal, please contact the circuit clerk’s office for the county of your residence.

 The ISP has been known to successfully motion a case be dismissed because the petitioner had not exhausted all other options prior to filing a petition in circuit court - filing for a pardon is the option they argue must be exercised prior to filing a court petition.  More info about filing for a pardon can be found here.

Please Note: If the circuit court grants your appeal, please provide a certified copy of the court record or court order so that your FOID can be reinstated. No action will be taken without a certified copy from the court.

 

Sample Court Petition: Felony Relief - Circuit Court

Circuit Court Petition for Relief from Felony Denial of FOID.doc

 

 

7.  If you were the subject of an Order of Protection.

Below is a list of the required document(s) needed to reactivate a FOID card after an order of protection has expired or been cancelled. Please note some of the form(s) may contain multiple pages. 

1. Certified copy of the disposition of the Order of Protection.

2. Completed FOID Card & Firearm Disposition Record form – ISP 2-636 form, it MUST be signed by a Law Enforcement Official or Notary.

Email these documents to this email address ISP.FRCU@Illinois.gov attaching the completed forms, and add “ATTN TRIAGE” in the subject field. 

You may also MAIL completed form(s) to:

Illinois State Police Firearm Record Challenge Unit

ATTN: Triage

801 South 7th Street

Suite 400 N

Springfield, IL 62703

 

8.  What do I do if I don’t understand why my FOID Card was revoked or my FOID Application was denied or otherwise cannot find what I need on this webpage?

Please contact the ISP at ISP.FRCU@illinois.gov to start the process. They will review your FOID Card Account to determine who has jurisdiction to assist you.

By Mail

  • Director’s Office of Firearms Safety
  • 801 South Seventh Street, Suite 600-S
  • Springfield, IL 62703-2487

By Phone

  • (217) 524-1669 (voice)
  • (800) 255-3323 (TDD)

 

 

Disclaimer - information posted here is not to be considered legal advice.  The information and links to forms are from the Illinois State Police Firearm Safety Bureau website. Sample petitions are shared and adapted from members who have successfully petitioned to have their rights restored.

 

 

 

 

 

 

Domestic - Circuit Court Petition for Relief from Denial of FOID.doc

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  • 7 months later...

There are some revocations for which the ISP will not grant an administrative hearing and the FOID card holder must appeal in circuit court.

Just to clarify...are you indicating that they won't entertain an appeal, or that once an appeal has been denied they won't grant an administrative hearing. The concern I am thinking about is that the first step in the process of having an administrative appeal which is a precursor step to application for an administrative hearing can take up to two years. The problem that is created, is that during the pendency of the Administrative Appeal, you can't pursue the matter in Circuit Court and the Illinois Attorney General will seek to have the proceeding dismissed due to a failure to exhaust administrative remedies.

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There are some revocations for which the ISP will not grant an administrative hearing and the FOID card holder must appeal in circuit court.

Just to clarify...are you indicating that they won't entertain an appeal, or that once an appeal has been denied they won't grant an administrative hearing. The concern I am thinking about is that the first step in the process of having an administrative appeal which is a precursor step to application for an administrative hearing can take up to two years. The problem that is created, is that during the pendency of the Administrative Appeal, you can't pursue the matter in Circuit Court and the Illinois Attorney General will seek to have the proceeding dismissed due to a failure to exhaust administrative remedies.

 

 

There are some revocations for which the ISP will not entertain an appeal and direct the FOID card holder to appeal directly to circuit court.

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FOID revoked for misdemeanor batter convictions classified as domestic in nature (or reclassified from as long ago as 20-30 years and just now being revoked).

Thank you.....there is some logic to that...particularly since it involves the Federal prohibitions associated with the Lautenberg Amendment from 1997.

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  • 2 months later...
Today I found out that my application for a FOID card was denied because of a reporting error 17 years ago. For some reason, the Cook County clerks office reported to the ISP that I was convicted of a felony. I've had my record corrected with CPD and also the Clerks office yet ISP still denied me. I plan on appealing since I'm obviously not a felon due to the fact I retired from the Army last year. Does anyone know what certified court documents they want to see for an appeal? Edited by Monty80
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  • 1 month later...
This morning a friend received a notice from ISP that his FOID is revoked due to him being under mental observation for a few days. I was thinking he could transfer his firearms to me while he appeals, but the form says he must get rid of his firearms within 48 hours. Since there would be a 72 hour wait before u can take possession of them, what are his options?
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  • 7 months later...
  • 1 month later...

 

Hi Molly, I have applied for a FOID card, going on three weeks now... i was just wondering if i get denied where do i find the Investigation and Waiver of Liability form ? or is that something i ask for when i write them the appeal essay..?

Assuming that you are referencing the form that is required to be submitted in connection with a FOID Appeal, I have a copy, if you would PM me and give your email I would gladly send you a copy.

 

can you please send the waiver the ISP wants filled out to me. friend was denied and trying to get it resolved. i tried to pm but says your inbox is full
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DiSc0rd:

 

If your friend was denied, he should have received both forms that he will need to submit when he received his denial letter. If he didn't for some reason, I can email both of them to you. He will need Request for Appeal form and also the Request for Investigation and Waiver of Liability form.Just send me a PM with your email and I'll get them to you.

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  • 3 months later...
Why would my foid card be revoked for a order of protection and not just suspended is there a difference. Turned in foid card and firearm to police when notfied of ordet of protection.. Also case was dismissed and judge ordered police to return firearm with val:d foid card. Find out it was was revoked. Filled appeal in jan .any wait time est?
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Why would my foid card be revoked for a order of protection and not just suspended is there a difference. Turned in foid card and firearm to police when notfied of ordet of protection.. Also case was dismissed and judge ordered police to return firearm with val:d foid card. Find out it was was revoked. Filled appeal in jan .any wait time est?

 

 

 

RJR,

From the ISP:

 

A CCL suspension due to an Order of Protection does not require an Appeal.

 

If you will PM your full legal name, date of birth, and your FOID number to me, I will see if we can get you back into the proper cue for reinstatement. If you have a copy of the judge's order/disposition, please include that as well.

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  • 3 months later...
I don't know who to contact but I think it's unfair that I have a FOID and can carry or defend on my property or place of business but can't also have it available in my vehicle without a CCW. Even though I meet ALL the requirements and paid all fees to getting a CCW I was still denied due to reasonable suspicion language in the act 430 ILCS 66/15 (a). This gives police or board any reason to deny even for something that happened as a teenager.


If non-residents of Chicago with a ccl but no FOID can carry in their vehicles loaded, Then why can't FOID holders have this option as well? I don't need to carry a gun on me everywhere I go but would like to have more flexibility on transporting. I don't necessarily want to deal with a possible dishonest cop that may my load my transported firearm and say I was conceal carry unlawfully. I read stories of this happening.


I'm currently still appealing my denial from Chicago PD from an arrest from Oak Forest PD 12 years ago that was dismissed in court. My appeal in court was lost (7/17/16) because the judge said "even though she would have judged me differently she couldn't change or overturn the decision of the board." My argument was not to use an arrest that was dismissed by a judge and sealed in expungement as means to label me as a danger to myself and others. So now the board looks at that the details of that arrest as fact and true and by them I'm convicted of doing those things from a false police report that was not confirmed as fact. I would have challenged the statements in that police report back then but wasn't allowed access to that knowledge till now. My girl-friend back then didn't disclose she fabricated all the extra details.


I apologize for this long message but I just wanted to but this out there for some direction. I don't have money to waste on a random attorney that will get me nowhere. If the FOID was more flexible then I wouldn't necessarily struggle for the CCW.


Clarence

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  • 3 months later...

Greetings all, I'm new to the forum. I received a DUI 2.5 years ago. Foid was revoked. I am now off of probation and ready to start the process of appealing. From my understanding, do I need to just fill out a request for foid appeal, and wait on the state to "get back with me"? Also on the foid appeal request form, where it says "I am requesting relief from the firearm prohibitor ________, for which my FOID card/application was revoked/denied. (OR) Is that blank space just for what statute or law that I "broke". Thanks for any replies

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Posted below are links to the forms needed to request an Illinois State Police Administrative Review if your FOID card has been denied or revoked. This request should be submitted to:

 

Illinois State Police

Firearms Services Bureau

ATTN: APPEALS

801 South Seventh Street, Ste. 400-M

Springfield, Illinois 62703

 

Forms required to be submitted to the ISP include:

https://ispfsb.com/Public/Firearms/FOID/AppealRequest.pdf

https://ispfsb.com/Public/Firearms/FOID/Investigation.pdf

 

Plus the form for the specific disqualifier:

 

For denial or revocation for non-mental health prohibitor

https://ispfsb.com/Public/Firearms/FOID/NonMentalHealth.pdf

 

For denial or revocation for mental health prohibitor:

https://ispfsb.com/Public/Firearms/FOID/MentalHealth.pdf

https://ispfsb.com/Public/Firearms/FOID/Evaluation.pdf

https://ispfsb.com/Public/Firearms/FOID/MentalHealthCert.pdf

 

For denial or revocation for developmental disability:

https://ispfsb.com/Public/Firearms/FOID/DevDisabled.pdf

 

 

A denial by the administrative review would then need to be appealed to the circuit court in the area where you live.

 

 

Hi Molly. I have done all of the things that you listed. I am ready to put it in the mail tomorrow. Is there a way to get it done faster if I go to Springfield in person? This is my first post. I appreciate all of the help that you have provided on this forum.

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  • 2 weeks later...

I had an OP put against me by my ex. It was thrown out by the judge and now I need to get my FOID reinstated. I've been through this before and I had to fax my court documents to the ISP, but I have misplaced their fax number. Does anyone have the fax number for ISP FOID. I have tried calling their voice line and get the usual wait on hold. I've been calling for a week. Thanks in advance.

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I had an OP put against me by my ex. It was thrown out by the judge and now I need to get my FOID reinstated. I've been through this before and I had to fax my court documents to the ISP, but I have misplaced their fax number. Does anyone have the fax number for ISP FOID. I have tried calling their voice line and get the usual wait on hold. I've been calling for a week. Thanks in advance.

 

Fax: 217.782.9139

 

This is a general FAX number so be sure to include a cover sheet with your full legal name, date of birth, FOID number and why you are faxing the document. That way it will get to the proper department.

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