cshipley92 Posted September 16, 2011 at 12:55 PM Share Posted September 16, 2011 at 12:55 PM IMO..i don't think any felon in this state will ever get there 2nd amendment rights back, i don't know of any one that has yet in this state or for that matters this country. I work with a guy who had a felony conviction under the conservation code and got his FOID back after going through ISP's process. Also, my brother-in-law, when he was 18, was convicted of felony manufacture and delivery of Cannabis, and got his FOID back this year. He's 48 now. When I was in law enforcement in a small town I helped three individuals, all who'd been convicted of non-violent felonies, get their FOID back, even going so far as to write them a letter of recommendation. It is possible in Illinois and happens a lot. Link to comment Share on other sites More sharing options...
winja Posted August 16, 2012 at 11:24 AM Share Posted August 16, 2012 at 11:24 AM In the past all you had to do was fill out an ap for a FOID card, and in 60 days you had a card in hand, now here is the question, how can you purchase a gun even with the foid card unless they "expunge" or remove the felony from your record. you still have to fill out paper work for the federal govt, and they still do a back ground check on you. Also, they recently changed the law and you no longer can get "relief" from the state police via a foid card. im confused as to how a person can get past this ordeal as there is no "form" to fill out, do you just write a letter or something? any help would be great, my 20 years are up on my NON-violent "crime" and would love to tell an employer "no" on my application so i can get a dang job and keep it for once. plus i want to start hunting again. 20 seasons missed with my father and children are really weighing on me. Link to comment Share on other sites More sharing options...
drdoom Posted August 16, 2012 at 05:28 PM Share Posted August 16, 2012 at 05:28 PM If we believe our rights are God-Given, this one should be a no brainer. If a man does time, and pays his debt to society, ALL rights, should be restored to him. I think one of the biggest problems that society has today, is acknowledging our own humanity, that we are all, flawed individuals, who do stumble at times. In my mind, if you have done time, paid your debts, I have no issue with that person getting a firearm, possessing it, or even lawfully carrying it. No problem whatsoever. Link to comment Share on other sites More sharing options...
kurt555gs Posted August 17, 2012 at 07:39 PM Share Posted August 17, 2012 at 07:39 PM If we believe our rights are God-Given, this one should be a no brainer. If a man does time, and pays his debt to society, ALL rights, should be restored to him. I think one of the biggest problems that society has today, is acknowledging our own humanity, that we are all, flawed individuals, who do stumble at times. In my mind, if you have done time, paid your debts, I have no issue with that person getting a firearm, possessing it, or even lawfully carrying it. No problem whatsoever. I agree. Sent from my Nexus 7 using Tapatalk 2 Link to comment Share on other sites More sharing options...
winja Posted August 17, 2012 at 09:06 PM Share Posted August 17, 2012 at 09:06 PM question is, how? the way they changed the law its now confusing and full of even more double speak. anyone have any knowledge on this matter? please assist Link to comment Share on other sites More sharing options...
pyre400 Posted August 17, 2012 at 10:52 PM Share Posted August 17, 2012 at 10:52 PM I have a neighbor of 8 years who's house was burglarized. I offered him to use one of my handguns until he got his own, but it turned out he had a felony conviction some 20 years ago. He was not able to lawfully own a firearm, and did not have a FOID, so I ended up on watch. I did not want to pry but offered to look into his situation if he wanted to pursue obtaining a FOID. Since it was so long ago, I told him he could contact the ISP or simply see if he could pass the background check - the worst he'd be out was $10. I dont know if he ever did, but he did end up getting a nice CCTV security system. Link to comment Share on other sites More sharing options...
winja Posted August 17, 2012 at 11:01 PM Share Posted August 17, 2012 at 11:01 PM i applied for the FOID card via the ISP and was turned down, reason was the law had been changed in 08. the ISP can no longer grant relief via the issuance of a FOID card, funny thing was when i called the ISP help line they told me they could, all i had to do was fil out app. now i have to petition the court in the county i was convicted in, but no one seems to know how to go about this. circut clerk, county prossecuter ( like they would be of help) even criminal defense lawyers know nothing about how to do it, and so far every lawyer i have approached has acted like i came holding the holy grail. wide eyed and dumbfounded they had no clue a felony could be lifted so you can get a gun. i fear i will never have my civil rights again. its much more than 2A rights at stake for me as i recently moved to iowa, and that means i lost my vote, among other "rights" i had in illinois. also in iowa they can do a background check as far back as they want, all the way to your 18th birthday, in illinois its just 10 years. that also means i am finding it VERY hard to find work. if anyone has any suggestions PLEASE run it by me ill check it out. i think my only other option is maybe the NRA? i know they have a civil rights division. Link to comment Share on other sites More sharing options...
Buzzard Posted August 18, 2012 at 01:07 AM Share Posted August 18, 2012 at 01:07 AM Not sure how many members are looking for relief as I haven't read all the way back through this thread. But I'll give a few suggestions to 'Winja'. First off, I would strongly suggest finding an attorney that is specialized in firearm law. Most attorneys these days are specialized in one or a few areas. Contact the bar and see if they can hook you up with someone that really KNOWS gun law. I looked into the whole expungement, pardon thing when I was driving truck - I had a DUI years ago and I knew it could help me find better trucking jobs if I could get that off my record. My Representative said it was near impossible to get a pardon - a few days later I heard Quinn pardoned a whole gaggle of people, so go figure. And DUI is one thing Illinois WILL NOT expunge. And did you know that just one DUI will prevent you from EVER driving a school bus? I would start by getting a good firearms lawyer. Link to comment Share on other sites More sharing options...
Tvandermyde Posted August 18, 2012 at 11:10 PM Share Posted August 18, 2012 at 11:10 PM i applied for the FOID card via the ISP and was turned down, reason was the law had been changed in 08. the ISP can no longer grant relief via the issuance of a FOID card, funny thing was when i called the ISP help line they told me they could, all i had to do was fil out app. now i have to petition the court in the county i was convicted in, but no one seems to know how to go about this. circut clerk, county prossecuter ( like they would be of help) even criminal defense lawyers know nothing about how to do it, and so far every lawyer i have approached has acted like i came holding the holy grail. wide eyed and dumbfounded they had no clue a felony could be lifted so you can get a gun. i fear i will never have my civil rights again. its much more than 2A rights at stake for me as i recently moved to iowa, and that means i lost my vote, among other "rights" i had in illinois. also in iowa they can do a background check as far back as they want, all the way to your 18th birthday, in illinois its just 10 years. that also means i am finding it VERY hard to find work. if anyone has any suggestions PLEASE run it by me ill check it out. i think my only other option is maybe the NRA? i know they have a civil rights division. you don't have to petition the court where the conviction took place. You only have to petition the court in the county you live in. . Depending on what the conviction was for determines how the process works. Link to comment Share on other sites More sharing options...
winja Posted August 18, 2012 at 11:20 PM Share Posted August 18, 2012 at 11:20 PM i applied for the FOID card via the ISP and was turned down, reason was the law had been changed in 08. the ISP can no longer grant relief via the issuance of a FOID card, funny thing was when i called the ISP help line they told me they could, all i had to do was fil out app. now i have to petition the court in the county i was convicted in, but no one seems to know how to go about this. circut clerk, county prossecuter ( like they would be of help) even criminal defense lawyers know nothing about how to do it, and so far every lawyer i have approached has acted like i came holding the holy grail. wide eyed and dumbfounded they had no clue a felony could be lifted so you can get a gun. i fear i will never have my civil rights again. its much more than 2A rights at stake for me as i recently moved to iowa, and that means i lost my vote, among other "rights" i had in illinois. also in iowa they can do a background check as far back as they want, all the way to your 18th birthday, in illinois its just 10 years. that also means i am finding it VERY hard to find work. if anyone has any suggestions PLEASE run it by me ill check it out. i think my only other option is maybe the NRA? i know they have a civil rights division. you don't have to petition the court where the conviction took place. You only have to petition the court in the county you live in. . Depending on what the conviction was for determines how the process works. well there lies an issue. the "county" i live in, is not in illinois, i moved out of state, does this mean i no longer have the right to bring petition for relief?and how does one "bring petition" is there a form to fill out or something? lawyers are expensive and i would like to do as much as i can before i get a lawyer or all on my own if thats at all possible. Link to comment Share on other sites More sharing options...
kermit315 Posted August 18, 2012 at 11:35 PM Share Posted August 18, 2012 at 11:35 PM here is something else that I was curious about. I have a friend also in the military. When he was 15 he was involved in a burglary. He ran the ISP name/dob background check on himself and it comes back no record on file. Does that mean he is good to go owning/acquiring firearms? Does that mean that juvenile stuff is sealed at 18? I had heard something years ago that as a juvenile you werent considered guilty, but were adjudicated delinquent. Is that what the determining factor is? Link to comment Share on other sites More sharing options...
winja Posted August 18, 2012 at 11:40 PM Share Posted August 18, 2012 at 11:40 PM . Link to comment Share on other sites More sharing options...
winja Posted August 18, 2012 at 11:41 PM Share Posted August 18, 2012 at 11:41 PM here is something else that I was curious about. I have a friend also in the military. When he was 15 he was involved in a burglary. He ran the ISP name/dob background check on himself and it comes back no record on file. Does that mean he is good to go owning/acquiring firearms? Does that mean that juvenile stuff is sealed at 18? I had heard something years ago that as a juvenile you werent considered guilty, but were adjudicated delinquent. Is that what the determining factor is? at age 18 all juvenile records are "sealed" and a "fresh start" is issued. it takes a VERY big order to unseal those records also. so unless your friend is a serial killer that started as a monor, and continued through to adult hood, its VERY unlikely anyone will ever know what he did as a child. Link to comment Share on other sites More sharing options...
kermit315 Posted August 18, 2012 at 11:48 PM Share Posted August 18, 2012 at 11:48 PM good. to know. I had heard it both ways, one that it was a fresh start, and one that it depended on the charge. Seemed like that one may have been a biggy. Link to comment Share on other sites More sharing options...
winja Posted August 18, 2012 at 11:51 PM Share Posted August 18, 2012 at 11:51 PM good. to know. I had heard it both ways, one that it was a fresh start, and one that it depended on the charge. Seemed like that one may have been a biggy. yeah unless charged as an adult its "gone" my cousin was with me when i got in trouble 21 years ago. he was not an adult i was. i spent my b-day in jail, he spent my b-day at home LOL Link to comment Share on other sites More sharing options...
Tvandermyde Posted August 19, 2012 at 02:06 AM Share Posted August 19, 2012 at 02:06 AM to bring a petition, your lawyer would file an action in circuit court, petitioning the court to grant relief, if so required. Certain kinds of relief can be granted by the Director of state police. IF you can go that route, start there so you don't get bouced for not exhausting all administrative avenues. Then you give the SA 30 days notice, and appear before a judge and plead your case. Link to comment Share on other sites More sharing options...
Drylok Posted August 21, 2012 at 12:58 PM Share Posted August 21, 2012 at 12:58 PM Interesting the BATFE refers to gun ownership as a privilage. This reminds me of dislike for them and so many other government agencies. Link to comment Share on other sites More sharing options...
Xfire68 Posted August 23, 2012 at 02:11 PM Share Posted August 23, 2012 at 02:11 PM Well our friend (Lieut89 and mine) has won his case with the court of appeals against the State of IL to reinstate his Second amendment rights and FOID privileges. He is not out of the woods yet as we all know how this State is run but, his lawyer does not see any rational reason that his case would be overturned. Last time we spoke his lawyer estimated the time frame to get reinstated should not be more then 2 months. Again without holding my breath we will see what roadblocks the state tries to manufacture in order to keep him from getting his rights back. Link to comment Share on other sites More sharing options...
Tvandermyde Posted August 23, 2012 at 03:24 PM Share Posted August 23, 2012 at 03:24 PM X -- do you have a name and cote of a case or a copy of the opinion? I got something cooking on this stuff and would like to read the decision Link to comment Share on other sites More sharing options...
Xfire68 Posted August 23, 2012 at 03:55 PM Share Posted August 23, 2012 at 03:55 PM I can get all that info for you but, the person involved in the case wants to hold off until it's all finalized. He has been approached by "Pro gun groups" to do a interview as this will change many things in this State with the case law alone. I think he is worried that to much attention will be brought to his case before he has his rights reinstated. I think I can get the info you need to you in a PM though. I would hate to see him end up in more red tape do to me posting his info. I am going to call him and see where it's all at. Link to comment Share on other sites More sharing options...
Tvandermyde Posted August 23, 2012 at 04:42 PM Share Posted August 23, 2012 at 04:42 PM geither you or him call me on my cell -- 708-218-2180 and we can talk. I need to know the details as i am working another case at the illinois suspreme court over this type of issue and need any current info on new decisions or such. Link to comment Share on other sites More sharing options...
winja Posted August 23, 2012 at 08:35 PM Share Posted August 23, 2012 at 08:35 PM From what i have read, and researched, in the past one only needed to fill out app for FOID card to get gun rights back. How that works is beyond me as they would have to "seal" your records or destroy them, otherwise during the gun purchase phase you would be denied as well. next up, they then changed the law as my friend found out when he filled out FOID paperwork and then got back a letter stating that the ISP can no longer grant relief. the paper he got said he had to petition the county he was convcted in. as a note, he and i were together when we got in trouble. so anyway according to what i have found, the SA can only challenge if they can prove "you" are a danger to society if you get your 2A rights back.otherwise the law is pretty specific as to stating you MUST be reinstated unless they can come up with a good reason. I am having issues getting a lawyer that knows what he is talking about, and also considering my money issues would love to file the paper work on my own to save a buck or two, but cant for the life of me find out info on WHAT paperwork i need to file or specific names of the motions or whatnot. once Xfire68's friend gets his stuff all figured out, i would like to know about why they SA or whoever fought him so hard on the issue. when i read about his court case, i instantly thought "thats gonna be expensive" and of course, if it was, what "they" say will be true. "justice only comes to those with money" Link to comment Share on other sites More sharing options...
Tvandermyde Posted August 23, 2012 at 09:04 PM Share Posted August 23, 2012 at 09:04 PM what county and what is the disabling issue? Link to comment Share on other sites More sharing options...
winja Posted August 23, 2012 at 10:27 PM Share Posted August 23, 2012 at 10:27 PM what county and what is the disabling issue?if you are referring to my case, Hancock county. Link to comment Share on other sites More sharing options...
Tvandermyde Posted August 23, 2012 at 11:57 PM Share Posted August 23, 2012 at 11:57 PM yes winja. pm me withthe dissabling infoor call me 708-218-2180 Link to comment Share on other sites More sharing options...
lieut89 Posted August 24, 2012 at 10:32 PM Share Posted August 24, 2012 at 10:32 PM X -- do you have a name and cote of a case or a copy of the opinion? I got something cooking on this stuff and would like to read the decision Xfire was referring to this case Todd. And he told me that you came off kind of abrasive for somebody asking for help. http://illinoiscarry.com/forum/index.php?showtopic=29476&hl=&fromsearch=1 Link to comment Share on other sites More sharing options...
Tvandermyde Posted August 25, 2012 at 03:58 PM Share Posted August 25, 2012 at 03:58 PM X -- do you have a name and cote of a case or a copy of the opinion? I got something cooking on this stuff and would like to read the decision Xfire was referring to this case Todd. And he told me that you came off kind of abrasive for somebody asking for help. http://illinoiscarry...38;fromsearch=1 ?????? Link to comment Share on other sites More sharing options...
Buzzard Posted August 25, 2012 at 06:58 PM Share Posted August 25, 2012 at 06:58 PM yes winja. pm me withthe dissabling infoor call me 708-218-2180 'Winja', take up Todd's ('Tvandermyde') offer and give him a call. If you don't want to get a good gun lawyer, he's your next best option. Link to comment Share on other sites More sharing options...
winja Posted August 27, 2012 at 08:42 PM Share Posted August 27, 2012 at 08:42 PM yes winja. pm me withthe dissabling infoor call me 708-218-2180 would it be more helpful if i called or if we just continue via PM's? Link to comment Share on other sites More sharing options...
Buzzard Posted August 27, 2012 at 08:53 PM Share Posted August 27, 2012 at 08:53 PM yes winja. pm me withthe dissabling infoor call me 708-218-2180 would it be more helpful if i called or if we just continue via PM's? Well, I believe he's on a road trip at the present time. He said "PM or call" so if you want to get things going I'd call. He also mentioned in a different thread (I think) that Emails are easier for him to respond to than PMs are. I'd just give him a call. If he doesn't pick up - leave a message. Link to comment Share on other sites More sharing options...
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