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Appeal Process- Specific Questions

Appeals FOID ISP

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#1 evoxlover

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Posted 23 January 2020 - 09:41 PM

Good Evening, I know that this has been covered a lot of times on this forum, however I just want to make sure that i'm covering all bases before going down the road of an appeal. I'm new here, so please go easy on me if i'm repeating any questions you have answered before. 

 

I won't go into too much detail to bore everyone, but I surrendered my FOID card almost three years ago due to a voluntary psychiatric check in (drunk Saturday and ended up getting put in a psychiatric ward for the weekend). Had there been a doctor on call on the weekend I would have been released sooner, but I was back home on the Tuesday. I can ofcourse go into more detail if needed to aid with the appeal process on here. No previous history of any mental issues and none since. Honestly, it was a silly mistake and I had no idea that a psychiatric warn check in was even a possibility. 

 

My question is that I have seen lots of appeal posts similar to this, but I wanted to be sure before I go down the path of an appeal that I have it correct. Again, please forgive me for posting this again as I know this has been covered numerous times on the forums. I have noticed that Molly seems to be the go to on this, so if Molly can PM me with ANY help on this, that would be much appreciated. 

 

In terms of the forms that need to be completed, I am hoping my questions below make sense. 

 

Request For FOID Appeal Form- When I fill out the form to describe my appeal, should I consult with an attorney first, or just complete the form explaining the situation my self? When describing the reason for my appeal, is there anything I should note that legally assists with my appeal. Does anyone have experience with a successful appeal in a similar situation who can assist with content for this?

 

I noted that a  "Psychiatrist or Licensed Clinical Psychologist’s Evaluation or Letter Requirement" is required. Does anyone recommend a Psychiatrist to see who specializes in these sorts of cases in the Chicagoland area? Please PM me any Psychiatrists that you have worked with in the past and maybe an example of your case so I know who to go and see. 

 

The waiver investigation form seems straightforward enough. Sign and date and ensure the case is seen to within the year. 

 

As mentioned, I have no previous history of mental issues so I have never seen a Dr before or been on medication. So the psychiatric records would only be when I was checked into the hospital? Do I go to the hospital to get those records? I assume I include my discharge information?

 

Please let me know if i'm forgetting anything, but ANY help on this would be much appreciated folks. 

 

Thank you. 



#2 Molly B.

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Posted 25 January 2020 - 10:51 AM

You are on the right track. Just so you understand, appealing a mental health prohibitor less than 5 years ago is much more complicated than waiting until the 5 year period has expired.

 

Waiting until after the 5 year period does not involve a forensic mental health evaluation.  The requirement after 5 years is just an evaluation by your physician or one of the other qualified examiners listed.

 

You might contact the Public Health Dept. in your area for a recommendation for the more in-depth evaluation.

 

Forms needed for less than 5 yr period:

 

https://ispfsb.com/P...entalHealth.pdf

 

https://ispfsb.com/P...pealRequest.pdf

 

https://ispfsb.com/P...vestigation.pdf

 

https://ispfsb.com/P.../Evaluation.pdf

 

If you wait until after the 5 year period you would need Appeal Request, Investigation waiver, and just the mental health certification:

 

https://ispfsb.com/P...lHealthCert.pdf


"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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