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f22129

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  1. Hello Molly, My FOID was revoked after I filed an address change. The reason of my revocation was " 430 ILCS 65/8 (i-5) An alien who has been admitted to the United States under a non-immigrant visa" because I have a H-1B visa. " However, under the 430 ILCS 65/8 (i-5) there are five exceptions. One of them states that this subsection (i-5) does not apply to any alien who has been lawfully admitted to the United States under a non-immigrant visa if the alien is: (1) admitted to the United States for lawful hunting or sporting purposes. Also, according to my research on the ATF website states that: An alien admitted to the United States under a nonimmigrant visa is prohibited from shipping, transporting, receiving, or possessing a firearm or ammunition unless the alien falls within one of the exceptions provided in 18 U.S.C. 922(y)(2), such as: a valid hunting license or permit, admitted for lawful hunting or sporting purposes, certain official representatives of a foreign government, or a foreign law enforcement officer of a friendly foreign government entering the United States on official law enforcement business. [18 U.S.C. 922(g)(5)(B ) and 922(y)(2); 27 CFR 478.11 and 478.32] I once lived in Wisconsin as a student with F1 visa. I could use a firearm because I finished Hunter Safety Education and obtained a hunting license because of the same regulation. I think IL law should honor this exception, too. Therefore, I am going to file an appeal. In my appeal letter I will include: 1. Completed REQUEST FOR FOID APPEAL2. Completed Request for Investigation and Waiver of Liability3. A written statement to explain the exception.4. My IL hunting license for this year.5. My Hunter Safety Education Certificate which I got in WI in 2012. My questions are: 1. Will the above materials be enough for my appeal?2. One thing I'm confused is that on the REQUEST FOR FOID APPEAL form, there are two option. One starts with "I am requesting relief from the firearm prohibitor" and the other starts with "I am challenging the accuracy of the records". Which one should I select? Thank you! Mark
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