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How to Appeal Revoked or Denied FOID


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#121 cedclay

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Posted 27 February 2019 - 10:44 AM

Hi Molly,

 

I am trying to get information on the Circuit court appeal process. I was convicted of a felony as a teenager that is classified as a forcible felony (Burglary to an automobile) over 30 years ago. I've read that you were eligible for relief after 20 years since I haven't had any trouble since then. I applied and was denied, do to the conviction, and was told I need to appeal to the Circuit court for relief but I cant find the process. The couple of attorneys I talked to said that I need to try to get it expunged (don't know if that's possible) or apply for a pardon from the governor. I don't think they have any experience with this type of case. 

 

Can you give me some direction on this process and reference to an attorney that has experience in successfully helping restore gun rights?

 

Thanks 



#122 dukemason

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Posted 27 February 2019 - 02:48 PM

The FOID act explains the process at a really high level, print it off for the lawyers you are talking to. I think your best bet is to find an attorney in your county that is established and has good relationships with the prosecutors and judges. You might have to call around until you find the right one.



#123 Molly B.

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Posted 27 February 2019 - 10:18 PM

Hi Molly,

 

I am trying to get information on the Circuit court appeal process. I was convicted of a felony as a teenager that is classified as a forcible felony (Burglary to an automobile) over 30 years ago. I've read that you were eligible for relief after 20 years since I haven't had any trouble since then. I applied and was denied, do to the conviction, and was told I need to appeal to the Circuit court for relief but I cant find the process. The couple of attorneys I talked to said that I need to try to get it expunged (don't know if that's possible) or apply for a pardon from the governor. I don't think they have any experience with this type of case. 

 

Can you give me some direction on this process and reference to an attorney that has experience in successfully helping restore gun rights?

 

Thanks 

 

 

Depending on your age at the time, maybe you can get it expunged.  The law is getting more and more friendly to expunging underage felonies.  However, if that is not possible I would suggest you do apply for the pardon as a procedural matter.  The AG's office has been known to motion for dismiss in court if the petitioner (you) has not exhausted all other avenues first.

 

Having exhausted that, the process is to petition the court for relief of the firearm prohibitor. It's good to include 5-6 personal references from family, friends, community leaders/pastors and a good statement on your own behalf about who you are now, how long you've had a clean record, etc.  I think there are sample documents that others have used that might be helpful to you.

 

Not an attorney, just sharing what other members have shared here and with me.


"It does not take a majority to prevail ... but rather an irate, tireless minority, keen on setting brushfires of freedom in the minds of men." --Samuel Adams

#124 cedclay

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Posted 01 March 2019 - 04:37 PM

 

Hi Molly,

 

I am trying to get information on the Circuit court appeal process. I was convicted of a felony as a teenager that is classified as a forcible felony (Burglary to an automobile) over 30 years ago. I've read that you were eligible for relief after 20 years since I haven't had any trouble since then. I applied and was denied, do to the conviction, and was told I need to appeal to the Circuit court for relief but I cant find the process. The couple of attorneys I talked to said that I need to try to get it expunged (don't know if that's possible) or apply for a pardon from the governor. I don't think they have any experience with this type of case. 

 

Can you give me some direction on this process and reference to an attorney that has experience in successfully helping restore gun rights?

 

Thanks 

 

 

Depending on your age at the time, maybe you can get it expunged.  The law is getting more and more friendly to expunging underage felonies.  However, if that is not possible I would suggest you do apply for the pardon as a procedural matter.  The AG's office has been known to motion for dismiss in court if the petitioner (you) has not exhausted all other avenues first.

 

Having exhausted that, the process is to petition the court for relief of the firearm prohibitor. It's good to include 5-6 personal references from family, friends, community leaders/pastors and a good statement on your own behalf about who you are now, how long you've had a clean record, etc.  I think there are sample documents that others have used that might be helpful to you.

 

Not an attorney, just sharing what other members have shared here and with me.

 

Ok, thank you for the information.



#125 Rockwell210

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Posted 01 March 2019 - 10:40 PM

Were you on trial for a Felony? Did you ever serve time at CPD? If answer No to both questions.Send all info in one letter with proof of what your saying.
Civilians pick up once a day at Springfield (Group) You can not even get in the doors in SF thats why it say's when you apply DON'T COME IN PERSON.
 
As far as a getting a CC anyone for no reason can be denied.I see it all over the net take a 16 hour course to get your CC and that's not true.
Instructors for the IL CC are certified through IL State Police.
Prior Military You only need a 8 hour class half a day.
 
I'm not a Police officer I just know a few people at SF and their very fair good people.I did not know a group of Civilians pick up once a day and go over all the apps.I thought the Police did that.
 
If you were on trial took a PLE on a  Felony, you should be denied a FOID.

Edited by Molly B., 02 March 2019 - 06:13 AM.
Corrected to 8 hrs


#126 Giant Teddybear

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Posted 21 March 2019 - 10:58 PM

 I guess nobody actually reads my posts.

 

 I stated to PM me if you want the appeal process through your local court as stated in ILCS 65/10

 

as I have already done it and gotten my FOID as well as my Concealed Carry Permit. PM your name and phone number.

 

 Molly B. can verify it as she has seen my court filed paperwork.



#127 chemical operator1

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Posted 21 March 2019 - 11:21 PM

I am actually in the process of suing the State Police in my county court (Kankakee,IL). I hired a lawyer and we will see whats what. He says I have a great chance of getting it. Only thing that makes me nervous is the Federal prohibitor. But according to my lawyer if you can get relief from the state then the Federal prohibitor wouldn't apply. I had to plunk down a chunk of change, but for me its worth it to get my right back...he also said that a CCL could be in the future after we deal with this.....GOD I HOPE SO!



#128 Iride55

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Posted 29 March 2019 - 09:12 PM

hey molly, about 2 years ago I applied for a foid card when i had a bogus OP against me out of Arizona. the Arizona judge said I could posses firearms and I thought that went for Illinois too (oops)

 

so I answered all no's and was denied.

 

I'm, currently appealing it because I got a great job in security and want to move up. I have all the forms dated and signed and I'm waiting on one more letter of recommendation from family and I'm getting it all notarized and mailing it off.

 

I have no criminal record

 

do you think the process will go smoothly? how long on average does it take for non-criminal offense?

 

p.s. you guys all rock for making this sub, happy to see 2A being supported



#129 Molly B.

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Posted 29 March 2019 - 09:55 PM

Do you have certified documents showing the OP was dismissed or expired? You will want to submit that along with your appeal.  Could take a few months to a year . . . or more sometimes.


"It does not take a majority to prevail ... but rather an irate, tireless minority, keen on setting brushfires of freedom in the minds of men." --Samuel Adams

#130 chemical operator1

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Posted 09 April 2019 - 08:02 PM

Not wanting to open a can of worms or air dirty laundry here like others....But I DID contact you , we talked for about an hour, I texted you another day to see when it was OK to call again, never got a response. And I deleted the info you sent with your friends name on it. I am grateful that you tried to help though......



#131 Tlandes1109

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Posted 30 May 2019 - 07:50 AM

Hey Everyone,

 

Have an issue I am trying to figure out.

 

I got arrested in December on a marijuana charge for possessing between 30 and 100 grams. It was classified as a class B misdemeanor and was dismissed with 20 hours of community service. During this time I was told by the arresting officer that it would not affect my CCL application or my FOID card. 

 

However, in Feb. I got a notification saying that my FOID was revoked because I was "addicted to a controlled substance" and "addicted to narcotics". On the form it said I told officers I was addicted to drugs even though all I said was I smoke on a regular basis. No other drugs were found other than marijuana and I wasn't even convicted, put on probation/suspension, or anything. I completed my hours and got the case dismissed. 

 

I want to re apply but am slightly confused on a few things.

 

1. It says I have to be clean for a year following a marijuana conviction, however I wasn't put on probation and don't have to take any drug tests. Does this mean I still need to provide proof of a clean drug screen? If so how can I do that without having to take any drug tests?

 

2. Can I re-apply right away since my case was technically dismissed and I was not convicted? Also, the laws are changing and marijuana is about to be legal recreationally. Is this something I can also use in my favor? I have the court document saying my case was dismissed and everything. 

 

Please, any help would be great. Thanks.


Edited by Tlandes1109, 30 May 2019 - 07:53 AM.


#132 skinnyb82

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Posted 30 May 2019 - 02:34 PM

That's because you were arrested less than a year ago. Any drug offense committed will end up with you classed as a "drug addict" for a year and check that box prohibiting ownership. What can you do? Nothing right now. Wait until December. Dismissed or not, still charged and convicted. I had a DUI "dismissed" after successfully completing court supervision. But I plead guilty and have therefore been convicted of DUI. Only in cases of pardon or expungement is the record wiped and the conviction erased. Sent from my VS987 using Tapatalk

Edited by skinnyb82, 30 May 2019 - 02:37 PM.

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#133 Honeybee42

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Posted 01 June 2019 - 06:14 PM

Is a LCPC someone with sufficient credentials to do the exam (in patient over 5 years ago)?



#134 skinnyb82

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Posted 02 June 2019 - 07:14 AM

Short answer is yes, an LCPC is good for a relief eval if they qualify under the IL MHDD (or whatever the eff acronym) code. Here's the citation of statute (MHDD statute adopted by FOID Act for definitions) to support it. You need a, "qualified examiner" which could be a psychiatrist, psychologist, LCPC, LCSW, psychiatric RN.... See 405 ILCS/5-122©. Relevant section of FOID Card Act in re relief cited below that. (405 ILCS 5/1-122) (from Ch. 91 1/2, par. 1-122) Sec. 1-122. Qualified examiner. "Qualified examiner" means a person who is: (a) a Clinical social worker as defined in this Act, (B) a registered nurse with a master's degree in psychiatric nursing who has 3 years of clinical training and experience in the evaluation and treatment of mental illness which has been acquired subsequent to any training and experience which constituted a part of the degree program, © a licensed clinical professional counselor with a master's or doctoral degree in counseling or psychology or a similar master's or doctorate program from a regionally accredited institution who has at least 3 years of supervised post-master's clinical professional counseling experience that includes the provision of mental health services for the evaluation, treatment, and prevention of mental and emotional disorders, or (d) a licensed marriage and family therapist with a master's or doctoral degree in marriage and family therapy from a regionally accredited educational institution or a similar master's program or from a program accredited by either the Commission on Accreditation for Marriage and Family Therapy or the Commission on Accreditation for Counseling Related Educational Programs, who has at least 3 years of supervised post-master's experience as a marriage and family therapist that includes the provision of mental health services for the evaluation, treatment, and prevention of mental and emotional disorders. A social worker who is a qualified examiner shall be a licensed clinical social worker under the Clinical Social Work and Social Work Practice Act. (Source: P.A. 96-1357, eff. 1-1-11; 97-333, eff. 8-12-11.) (u) A person who has had his or her Firearm Owner's Identification Card revoked or denied under subsection (e) of this Section or item (iv) of paragraph (2) of subsection (a) of Section 4 of this Act because he or she was a patient in a mental health facility as provided in subsection (e) of this Section, shall not be permitted to obtain a Firearm Owner's Identification Card, after the 5-year period has lapsed, unless he or she has received a mental health evaluation by a physician, clinical psychologist, or qualified examiner as those terms are defined in the Mental Health and Developmental Disabilities Code, and has received a certification that he or she is not a clear and present danger to himself, herself, or others. The physician, clinical psychologist, or qualified examiner making the certification and his or her employer shall not be held criminally, civilly, or professionally liable for making or not making the certification required under this subsection, except for willful or wanton misconduct. This subsection does not apply to a person whose firearm possession rights have been restored through administrative or judicial action under Section 10 or 11 of this Act. Sent from my VS987 using Tapatalk

Edited by skinnyb82, 02 June 2019 - 07:16 AM.

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#135 IsaacIke

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Posted 10 June 2019 - 01:11 PM

Hello, about 5 months ago my father and i had an argument over the phone and to get back at me him and his wife filed an Emergency Order of Protection against me. I got them both vacated. But i did have to sign an injuctive order because i couldnt afford a lawyer to defend me. I filed a FOID card Appeal to isp 4 months ago and still no response. Every lawyer ive talk to about this won't even give me the time and day even with money in hand. Please help me, i don't think its right that one person can take away someone's 2nd amendment rights just because he got his feeling hurt.  



#136 IsaacIke

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Posted 10 June 2019 - 01:14 PM

Also he filed both of them against me in a place that is almost 2 hours away from where i live. Which made it very difficult to even show up to court. 



#137 Molly B.

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Posted 10 June 2019 - 02:04 PM

Hello, about 5 months ago my father and i had an argument over the phone and to get back at me him and his wife filed an Emergency Order of Protection against me. I got them both vacated. But i did have to sign an injuctive order because i couldnt afford a lawyer to defend me. I filed a FOID card Appeal to isp 4 months ago and still no response. Every lawyer ive talk to about this won't even give me the time and day even with money in hand. Please help me, i don't think its right that one person can take away someone's 2nd amendment rights just because he got his feeling hurt.  

 

 

When you filed your appeal, did you submit:

1. Request for Appeal form

2. Request for Waiver of Investigation form

3. A certified copy (signed and stamped by the court) of the vacated order?

 

Unfortunately, the ISP is taking a year or longer to resolve these types of appeals.


"It does not take a majority to prevail ... but rather an irate, tireless minority, keen on setting brushfires of freedom in the minds of men." --Samuel Adams

#138 Penumbra1811

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Posted 11 June 2019 - 05:58 AM

Molly B i sent you a private message.

#139 Giant Teddybear

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Posted 11 June 2019 - 10:19 PM

 430 ILCS 65/10



#140 Golgo13

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Posted 12 June 2019 - 09:54 PM

Hello,

 

In 2016 I was arrested and charged with class 2 felony regarding cannabis. During my case my FOID was revoked for felony indictment of up to 1 year in jail. My CCL application was also denied at the same time.The felony charges were amended to class B misdemeanor possession as I plead guilty to those charges in order to receive court supervision. I completed my 18 month supervision successfully, by 06/18 I was discharged. I filed for an appeal right away along with certified court disposition and all the other forms to the director of ISP.

 

It has been about a year since the appeal and my FOID is still revoked with no response from ISP. I reached out to Molly B and Rep Allen Skillicorn to inquire to ISP to no success. What are my chances of my FOID being reinstated? Technically my FOID was revoked for a felony indictment and not cannabis related. I am aware that possessing a firearm is prohibited federally because of cannabis. Reading over 430 ILCS 65/10 it states that I can appeal for relief if it was not a class 2 felony of the cannabis act. I also read from some places that I have to wait two years after my case in order  for ISP to act on my appeal. How true is that info?



#141 Molly B.

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Posted 13 June 2019 - 03:18 AM

Chances of getting your FOID restored and getting a CCL are very good.  It's just a matter of the time it takes for ISP to process your appeal, which seems to be taking longer and longer as the appeals pile up.


"It does not take a majority to prevail ... but rather an irate, tireless minority, keen on setting brushfires of freedom in the minds of men." --Samuel Adams

#142 InterestedBystander

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Posted 13 June 2019 - 06:56 AM

Since a new CCL review board has not been appointed with JBP, do we know if the hold over board with terms that have technically expired are meeting as often?
We have not seen any FOIA numbers lately. Do we know if the number of cases started increasing again creating a larger hearing review backlog instead of cutting in to it?
The overall process for app/renewal processing and hearing process seems to continue to deteriorate.

Edited by InterestedBystander, 13 June 2019 - 06:58 AM.

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#143 Molly B.

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Posted 13 June 2019 - 07:41 AM

I am hearing the original board remains and they meet monthly resolve all of the cases before them, unless they need more info. In those cases, the reviews are still being done in a timely manner.
"It does not take a majority to prevail ... but rather an irate, tireless minority, keen on setting brushfires of freedom in the minds of men." --Samuel Adams




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