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How to Appeal Revoked or Denied FOID


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#151 chemical operator1

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Posted 23 August 2019 - 07:43 AM

Looks like my case is getting thrown out for the time being. My lawyer called today and said we have to ask for relief from the Director of the ISP first...then go to court. SA filed a motion to dismiss the case due to us not doing that 735 ILCS 5/2-619(A)(1). But my lawyer also said that the appeals he has in through the ISP are currently almost a year with no action. He has 13 in there now with no action from the ISP yet....He is thinking about filing a class action lawsuit so they start to act on these. Unfortunately there is no time limit for them to do so. I hope the NRA and ILSRA act on this too. Pretty sure I'll be denied again, then we can go ahead to court. Just some info on those who want to go to court...you MUST appeal the ISP first BEFORE you go to court. My lawyer is drawing up my appeal as we speak...



#152 skinnyb82

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Posted 23 August 2019 - 08:18 AM

Could plead a deprivation of civil liberties under the color of law, due process as incorporated into 14A pleading. They're using the administrative state to deny rights of law-abiding citizens. It isn't constitutional and SCOTUS has already blown a giant hole in Auer deference, which is what would be applied here. "Government agencies know best and we shouldn't question them even if their conduct may be constitutional." is not something SCOTUS is a big fan of post-Trump. Sent from my VS987 using Tapatalk
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#153 MrSmallie

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Posted 23 August 2019 - 10:01 AM

Just some info on those who want to go to court...you MUST appeal the ISP first BEFORE you go to court. ...

 

That is not 100% accurate.  It depends on why you were denied.  Some reasons have only a circuit court remedy.  The denial letter should state what your possible recourse options are.



#154 chemical operator1

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Posted 23 August 2019 - 10:09 AM

You cannot get a denial letter online....only thing that the website says is that were were denied for said FOID. I applied in April and I printed out the denial...



#155 Molly B.

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Posted 23 August 2019 - 11:21 AM

You cannot get a denial letter online....only thing that the website says is that were were denied for said FOID. I applied in April and I printed out the denial...

 

 

Did you get a letter in the mail from ISP stating why you were denied?


"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

#156 chemical operator1

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Posted 23 August 2019 - 11:35 AM

No. Just what it said online.



#157 Molly B.

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Posted 23 August 2019 - 11:38 AM

The quickest way to get a copy is to have your attorney reqest the assistant AG (who requested the dismissal)  provide a copy of the denial letter - be sure to state to the aAG that you did not receive a copy.

 

Otherwise you can send a letter to the ISP Director and wait for months.


"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

#158 chemical operator1

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Posted 23 August 2019 - 11:47 AM

I was denied from a Class 4 Felony for Production of Cannabis. In 1998-99. Nothing since. What would be the point of having the denial letter? Would this mean I could bypass the ISP appeal, and go to court then? Even after the SA is trying to say I must appeal to the ISP 1st?



#159 Molly B.

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Posted 23 August 2019 - 12:51 PM

I was denied from a Class 4 Felony for Production of Cannabis. In 1998-99. Nothing since. What would be the point of having the denial letter? Would this mean I could bypass the ISP appeal, and go to court then? Even after the SA is trying to say I must appeal to the ISP 1st?

 

The letter will say whether you may appeal to the ISP or if the prohibitor is such at that you must appeal in circuit court.


"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

#160 chemical operator1

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Posted 23 August 2019 - 12:53 PM

Well I just logged into my FOID account for the application process. And now I know why I did not get a letter.....they have my OLD address. I am trying to edit to my new one, but it won't open to let me do so. I think I had this problem when I applied too...wth



#161 chemical operator1

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Posted 23 August 2019 - 03:32 PM

Got an email from ISP. They had my old address. I have to fill out a form to update the new one, even though there is a tab on the site, it doesn't work. Also They attached a file with my denial letter from a few years back. It says to appeal to the director.



#162 MrSmallie

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Posted 23 August 2019 - 03:37 PM

Ah.  Than Circuit Court won't have jurisdiction.  

 

Here is the stuff you must submit together:

 

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


Edited by MrSmallie, 23 August 2019 - 03:41 PM.


#163 chemical operator1

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Posted 23 August 2019 - 03:42 PM

Thanks for the help and advice...means a lot. They did give me a denial letter via e-mailed attachment. It has letter head and everything including the reason for denial. But after the appeal I will go to court if/when a denial is given, or if I'm granted then I'll be ok.



#164 chemical operator1

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Posted 23 August 2019 - 04:09 PM

Ah.  Than Circuit Court won't have jurisdiction.  

 

Here is the stuff you must submit together:

 

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

My lawyer is drawing it up....once again @MrSmallie thank you for your advice and everyone else.



#165 srm775

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Posted 27 August 2019 - 09:55 AM

I am hoping that I can get a better understanding of some of the issues I'm facing from you folks. I've read through this forum hoping to get some answers and I think I have a pretty good idea of how to proceed but I just want to be sure. 

 

About 25 years ago, I had a felony conviction for a controlled substance. At the end of May of this year, I had the conviction expunged (I hired a lawyer and they went through the circuit court where it happened). On July 18th, I applied for my FOID and found out on August 17th it was denied. I'm speculating that this is because the Illinois State Police failed to update their records in time. Does this sound correct? I believe my next course of action is to dispute the denial, send a copy of the court order along with a brief statement that the records are in correct and need to be updated (I plan on sending by certified or registered mail). Does this sound correct? Can anyone tell me the approximate time this takes? 

 

Would it make sense to go get fingerprints and a background check (I plan to get my CCL) to show my record is clean or will they contact the ISP which may or may not be updated? 

 

Any additional advice or suggestions would be greatly appreciated. 



#166 Bubbacs

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Posted 28 August 2019 - 08:58 AM

^^^^ take the time to PM MollyB about your issues.
Sometimes it’s easier to go directly to the source than wait for a reply.

Welcome to the Forums

Good Luck

#167 MrSmallie

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Posted 28 August 2019 - 09:14 AM

The denial letter you received should explain what you need to do to appeal.  Either to ISP or Circuit Court.  If it's to ISP, include all official paperwork, notarized. 



#168 Bigsteveham

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Posted 10 September 2019 - 08:38 AM

Hello. My situation is similar to alot of people in Illinois. I was convicted of class 2 Felony Burglary in 1990 in Cook county when I was age 22. I completed 3yrs probation in 1993. I have recently had the Felony conviction successfully sealed by the Illinois state police, Chicago police and Cook county circuit court earlier this year. I have no other arrests or convictions since.Now at age 50, I am a Chicago homeowner and I work as a Registered Nurse of 14 years and I want to own a firearm legally. What are my chances of obtaining a FOID card after 29 plus years of being a productive part of the community? Any input will be greatly appreciated.

#169 Bubbacs

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Posted 10 September 2019 - 10:26 AM

Hello. My situation is similar to alot of people in Illinois. I was convicted of class 2 Felony Burglary in 1990 in Cook county when I was age 22. I completed 3yrs probation in 1993. I have recently had the Felony conviction successfully sealed by the Illinois state police, Chicago police and Cook county circuit court earlier this year. I have no other arrests or convictions since.Now at age 50, I am a Chicago homeowner and I work as a Registered Nurse of 14 years and I want to own a firearm legally. What are my chances of obtaining a FOID card after 29 plus years of being a productive part of the community? Any input will be greatly appreciated.


Welcome to the IC forums

When these questions are asked, there isn’t a real answer anyone can give you.
The only way to actually find out is to apply for the FOID.
Based upon what you’ve posted, it could go either way based on living in Cook County or having the offense there!

The fee for a FOID is minimal and if it goes sideways, there are recourses. Many which are posted here at IC.

I can only advise to apply and then sit back, read the many threads about the same issue and you’ll find several of which a positive outcome have been had by that person.

Good Luck

#170 Molly B.

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Posted 10 September 2019 - 11:26 AM

Hello. My situation is similar to alot of people in Illinois. I was convicted of class 2 Felony Burglary in 1990 in Cook county when I was age 22. I completed 3yrs probation in 1993. I have recently had the Felony conviction successfully sealed by the Illinois state police, Chicago police and Cook county circuit court earlier this year. I have no other arrests or convictions since.Now at age 50, I am a Chicago homeowner and I work as a Registered Nurse of 14 years and I want to own a firearm legally. What are my chances of obtaining a FOID card after 29 plus years of being a productive part of the community? Any input will be greatly appreciated.

 

 

Welcome to IllinoisCarry.

 

If you have had a clean record for the past 20 years and a good reputation in your community, you have a very good chance of getting your rights restored.

 

The first step, as mentioned above, is to apply for a FOID card. Answer all the questions truthfully.  You will be denied and that is when you can begin the process of restoring your rights.

 

With the denial, the ISP will send a letter stating why you were denied - DO NOT LOSE THIS LETTER - you will need it to submit as evidence if you have to go to court.

 

The second step is to apply for a pardon from the governor.  Both these options must be attempted before you can appeal in court, otherwise the attorney general's office will try to get your case dismissed on the basis that all options have not been exhausted.

 

Keep us posted on your progress!


"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

#171 ciema17

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Posted 25 September 2019 - 03:14 PM

So I'm new here, and I have a question. I got my FOID card denied for mental over 5 years ago. Now I need FOID for work and I need it appealed. For the mental verification, can I just go to my family doctor or do I have to go to a specialist? I've been seeing my Family Nurse Practicioner for years and shes been checking my mental state but I'm not sure if that's good enough and customer center is not answering

#172 Molly B.

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Posted 25 September 2019 - 03:38 PM

So I'm new here, and I have a question. I got my FOID card denied for mental over 5 years ago. Now I need FOID for work and I need it appealed. For the mental verification, can I just go to my family doctor or do I have to go to a specialist? I've been seeing my Family Nurse Practicioner for years and shes been checking my mental state but I'm not sure if that's good enough and customer center is not answering

 

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.

 

You might find helpful information at this link: https://foid2.dhs.il...oidpublic/foid/


"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

#173 ciema17

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Posted 25 September 2019 - 04:49 PM

I have read that before and received appeal letter, but that's not making things clear for me at all. I was hospitalized 9 years ago and I havent had a mental health care since as i didnt need it, I was being evaluated by my family doctor instead. Would my family nurse practicioner be counter as a physician then? It is to me but j know the state can be quite iffy on that

#174 ciema17

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Posted 26 September 2019 - 07:26 AM

I know it's a stupid question but for me it's a lot of money. That's me either spending $300 or $850 and since it's time sensitive I dknt want to get it wrong

#175 Molly B.

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Posted 26 September 2019 - 08:10 AM

I know it's a stupid question but for me it's a lot of money. That's me either spending $300 or $850 and since it's time sensitive I dknt want to get it wrong


Not a stupid question at all. The FOID act is confusing.
"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

#176 Molly B.

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Posted 26 September 2019 - 08:12 AM

You would have to ask your nurse practitioner if they are certified to do mental health certification. If not, then you would need to see a physician.
"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

#177 wolfcreek

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Posted 27 September 2019 - 05:49 AM

FYI...………...Went into hospital 4 days on my own for depression 2013.my doctor reported my little trip.2 days later got letter from ISP to turn in FOID.Which I did.I have totally clean record.Spent over $1000.00 for evaluation in August 2018.Got nothing from ISP.Like they say,I guess you can hire a lawyer for $250 an hour.Just keepin it real my friend.



#178 Molly B.

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Posted 27 September 2019 - 06:56 AM

These types of appeals are taking a year or more, hopefully you will hear something soon.
"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

#179 Beltfedish

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Posted 07 October 2019 - 06:02 PM

So, my FOID card got revoked due to a condition of bail on a misdemeanor that was not domestic violence. I got an attorney involved and he was able to have a motion  granted to modify the condition of bail. This got condition "725 ILCS 5/110-10 (a) (5)" striken. So, when I fill out the FOID appeal form do I check the option request relief from the firearms prohibition or do I check to challenge the accuracy of the records used to revoke my Foid?  Do I need to send the ISP an official copy or could I send them the printed off copy of the PDF court document my attorney sent me?

Log into use GingerLimited mode)" stricken.×



#180 Don7070

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Posted 07 October 2019 - 06:12 PM

September 29th was three years since they received my appeal packet.  Expecting a response any day now...






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