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New Here and Starting Uphill Battle to Restore RIghts


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#1 chrisjj

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Posted 15 December 2016 - 09:59 AM

First I wanted to say hello, and thank you for providing some good insight and information.

 

My story; I went out during senior year of high school, 04/1991, I was 18 then, and broke some windows with a bb gun.

 

I was convicted of 2 counts;

Statute Citation                Literal Description Inchoate                  

38-21-1-A                        CRIMINAL DAMAGE TO PROPERTY
Disposition: GUILTY         Disposition Date: 07/01/1991
 
I received;
SENTENCED TO RESTITUTION 07/01/1991
SENTENCED TO 100 HOUR(S) PUBLIC SERVICE 07/01/1991
SENTENCED TO 30 MONTH(S) PROBATION 07/01/1991
 
This was verified by ISP CHIRP report. My probation was completed successfully. Since, then I have had no criminal offenses, other than three minor traffic violations, no police contact.
 
I have gone 23+ years without incident. During that time I have graduated from Northwestern University 3.5 GPA, have been with the same company since 06/1994, and continue to volunteer and remain active in my church.
 
These offenses occurred in Lake County IL. I still remain a resident in said county as well. 
 
I have started the process of restoring my gun rights and if any could offer advice/tips/suggestions it would be appreciated. I did retain an attorney, however I am sure some folks on here could provide valuable advice.
 
On a side note, and ironically, my fiance is a corrections officer at the county jail I was held at...and no that is not where we met :) Additionally, her brother is now a Lt on the arresting police department, and no he wasn't there when this occurred. Crazy the way things come full circle.
 
Thanks in Advance
 


#2 bmyers

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Posted 15 December 2016 - 10:12 AM

Maybe I'm missing something, but it looks like just a charge for criminal damage to property, which if I remember correctly is a misdemeanor (in most cases). Also, the offense occurred more than 5 years ago.

 

  • I have not been convicted of any Felony under the laws of this or any other jurisdiction.
  • I have not been adjudicated as a mental defective.
  • I have not been a patient in a mental institution or any part of a medical facility for the treatment of mental illness within the past 5 years.
  • I am not intellectually disabled or developmentally disabled.
  • I have not within the past year (preceding the date of this application) used or been addicted to any controlled substance or narcotics in violation of state or federal law.
  • I am not subject of an existing Order of Protection or a No Contact/No Stalking Order.
  • I have not within the past 5 years been convicted of battery, assault, aggravated assault, violation of an order of protection, or a substantially similar offense in which a firearm was used or possessed.
  • I have not been convicted of domestic battery (felony or misdemeanor), aggravated domestic battery or a substantially similar offense.
  • I have not been adjudicated by a court as a mental defective or ordered by a court, board or authorized entity to in-patient or out-patient mental health treatment.
  • I am not an alien who is unlawfully present in the United States.
  • I have not within the past year failed a drug test for a drug for which I did not have a prescription.
  • I have not been admitted to the United States under a non-immigrant visa of the Immigration and Nationality Act.
  • I have never renounced my citizenship as a citizen of the United States.
  • I have never been discharged from the Armed Forces under dishonorable conditions.
  • I am not a fugitive from justice.

Edited by bmyers, 15 December 2016 - 10:14 AM.


#3 WARFACE

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Posted 15 December 2016 - 10:18 AM

I believe bmeyers is correct.


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#4 Molly B.

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Posted 15 December 2016 - 10:27 AM

 

 I have started the process of restoring my gun rights . . . .
 

 

 

What have you done so far to start the process?


"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

#5 Molly B.

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Posted 15 December 2016 - 10:30 AM

 

Maybe I'm missing something, but it looks like just a charge for criminal damage to property, which if I remember correctly is a misdemeanor (in most cases). Also, the offense occurred more than 5 years ago.

 

 

 

 

Some criminal damage to property convictions can be a felony.


"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

#6 chrisjj

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Posted 15 December 2016 - 10:33 AM

Yes my damage to property was greater than $300 so it was considered a Class 4 felony. Therefore, the 20+ year wait :(



#7 chrisjj

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Posted 15 December 2016 - 10:41 AM

I retained attorney, did full ISP background check with all criminal history. I have compiled documents proving college degree, work history, and volunteer activities, which will hopefully satisfy parts 2 and 3 of relief. He is putting the the filing, apeal together. The next step for me will be to actually apply for FOID and get denied, which it will.



#8 skinnyb82

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Posted 15 December 2016 - 10:50 AM

It's pardon season for Rauner and this is one of those cases that smacks of "absurd" and deserving of a pardon. If you have a felony, that's really your only way out. Sent from my VS987 using Tapatalk
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#9 Molly B.

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Posted 15 December 2016 - 10:51 AM

It sounds like you are making good headway!  I think you might also begin to compile a list of character witnesses, and when the time comes, gather signed affidavits from them. Put together a list of who might testify in court on your behalf, if needed.


"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

#10 Molly B.

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Posted 15 December 2016 - 10:52 AM

It's pardon season for Rauner and this is one of those cases that smacks of "absurd" and deserving of a pardon. If you have a felony, that's really your only way out. Sent from my VS987 using Tapatalk

 

 

The FOID appeal process provides for seeking relief 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

#11 chrisjj

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Posted 15 December 2016 - 11:22 AM

I started compiling a list of character references I'm thinking probably 3-4 should be enough. I did at one point think of trying the pardon process, however it seems as though it would be in the neighborhood of 5-7K to get it done. Its doable financially, but the restoration process is going to be a little cheaper, about 3K. If this doesn't go my way I ll probably start the pardon process.

 

I'm thinking this process will take 6 mo or so. I want to start shooting with my dad again. He is a Viet Nam vet (66-68), Marine Corp Delta 1/3 and is now on the Marine corp Aux shooting team. When I told him I was starting this process he went out and bought a 1911 gold cup and said it was mine as soon as I got my FOID. :) Got my fingers crossed



#12 Frank

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Posted 15 December 2016 - 11:23 AM

Here's a post added to this thread two years ago by one of my students. Maybe his experiences can help guide you through the process. Scroll down to Post #16 by Big Red Mist.

 

http://illinoiscarry...ist#entry877540

 

-- Frank


Edited by Frank, 15 December 2016 - 11:25 AM.

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#13 chrisjj

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Posted 15 December 2016 - 12:07 PM

Thanks Frank, that gives me some hope. Very similar situation I think. I will tackle the CCL later but really looking forward to spending time with the old man on the range if I can get this done. I will post docs as I go through process as well. Perhaps I can help the next guy out.

 

Thanks again for all of your comments

James



#14 skinnyb82

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Posted 18 December 2016 - 10:39 AM

Based on those who have received a pardon from Rauner, I would say your case fits the mold of what Rauner is trying to do: ensure that those who got in trouble a long time ago, have since got their act together and have become a law-abiding citizen, are not punished for something they did several decades ago and have repaid their debt to society. There's also an en banc case, Binderup v. United States out of CA3, which held felons who have become law-abiding citizens are entitled to relief. I would read up on that and cite it as it is likely going to SCOTUS. It was an as applied challenge, not facial challenge, but any declaration of unconstitutionally moves the cert petition to the front of the queue as it becomes an important question. Judge Hardiman's concurrence is fantastic, states all gun control legislation is per se unconstitutional with the government having the burden of showing it is constitutional, strict scrutiny would be the standard of review. He's one of the judges on Trump's short list for SCOTUS. The FOID appeal process is long and I really don't know of anyone who has been successful as they just drag it out. Now, suing ISP, Leo Schmitt, and Jessica Trame in circuit court for restoration of rights is an option, but if you're on NICS list of prohibited persons, the only way to have your federal rights restored is a pardon (to the best of my knowledge). Sent from my VS987 using Tapatalk
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#15 chrisjj

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Posted 27 December 2016 - 12:16 PM

Thanks for all the advice thus far. Just applied for FOID officially, attorney and I are awaiting rejection, in which we have petition to reinstate ready to file. I think it will take up to 30 days to deny application from what I have read.

Happy Holidays.

#16 skinnyb82

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Posted 27 December 2016 - 03:39 PM

Should have a denial in 30 days (or less) but doesn't mean you will. The law says they have 30 days to approve or deny but that doesn't necessarily mean that they follow the law, the AG won't enforce it by suing ISP, and there is no penalty for violating the law (so why have it?). They used to (and will again if "understaffed") routinely take double or triple the 30 day approve/deny period. Sent from my VS987 using Tapatalk
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#17 chrisjj

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Posted 04 January 2017 - 10:30 AM

Just a thought, what happens if I receive an approval. Is it possible that the ISP could reinstate without a hearing....I know a big stretch but?



#18 firepiper

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Posted 04 January 2017 - 10:57 PM

I started compiling a list of character references I'm thinking probably 3-4 should be enough. I did at one point think of trying the pardon process, however it seems as though it would be in the neighborhood of 5-7K to get it done. Its doable financially, but the restoration process is going to be a little cheaper, about 3K. If this doesn't go my way I ll probably start the pardon process.

 

I'm thinking this process will take 6 mo or so. I want to start shooting with my dad again. He is a Viet Nam vet (66-68), Marine Corp Delta 1/3 and is now on the Marine corp Aux shooting team. When I told him I was starting this process he went out and bought a 1911 gold cup and said it was mine as soon as I got my FOID. :) Got my fingers crossed


The pardon process can be done at ZERO cost....

https://www.illinois...rbexclemex.aspx



#19 chrisjj

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Posted 05 January 2017 - 02:45 PM

Thank you for the link. Any opinion on whether to wait to see if I get firearm restoration back and then file for pardon/expungment or should I file them concurrently? Again thanks in advance.

 

The cost was to have an attorney do the filing and paperwork, perhaps not worth it? I just want to give myself the best chance to achieve a successful outcome.


Edited by chrisjj, 05 January 2017 - 02:47 PM.


#20 Molly B.

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Posted 05 January 2017 - 03:36 PM

Thank you for the link. Any opinion on whether to wait to see if I get firearm restoration back and then file for pardon/expungment or should I file them concurrently? Again thanks in advance.

 

The cost was to have an attorney do the filing and paperwork, perhaps not worth it? I just want to give myself the best chance to achieve a successful outcome.

 

 

The pardon process can take years.  I would proceed with the court petition to restore rights.  Doesn't hurt to apply for the pardon for down the road.


"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

#21 spec5

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Posted 05 January 2017 - 04:14 PM

Thank you for the link. Any opinion on whether to wait to see if I get firearm restoration back and then file for pardon/expungment or should I file them concurrently? Again thanks in advance.
 
The cost was to have an attorney do the filing and paperwork, perhaps not worth it? I just want to give myself the best chance to achieve a successful outcome.

 
 
The pardon process can take years.  I would proceed with the court petition to restore rights.  Doesn't hurt to apply for the pardon for down the road.
Would the support of a representative or senator help in the process?

Edited by spec5, 05 January 2017 - 04:16 PM.

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#22 chrisjj

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Posted 09 January 2017 - 02:01 PM

I would love the support of a representative or senator however Im sure they are too busy for little ole me and my gun rights...unless you know someone in which case I would be more than happy to sit down with them for lunch and talk. 



#23 chrisjj

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Posted 23 January 2017 - 08:33 AM

Just an update, >30 days and still under review. 



#24 chrisjj

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Posted 01 February 2017 - 09:23 AM

How long should I wait before contacting ISP for status, 



#25 Molly B.

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Posted 01 February 2017 - 11:43 AM

How long should I wait before contacting ISP for status, 

 

 

I would wait until the 40 day mark.


"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

#26 Beezil

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Posted 02 February 2017 - 01:44 PM

chrisjj,

 

once your rights are restored, i hope you stay with this great group of 2nd amendment advocates! good luck.


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#27 chrisjj

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Posted 03 February 2017 - 09:23 AM

chrisjj,

 

once your rights are restored, i hope you stay with this great group of 2nd amendment advocates! good luck.

Absolutely, I went and did the paid subscription too due to all the information and help I have received here. As soon as my old man gets back from AZ, Im signing him up too. There are great discussions and I think its important to make sure we continue to talk about @A rights and stay active.

 

Thanks again in advance to everyone



#28 chrisjj

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Posted 06 February 2017 - 11:22 AM

45 days and still under review.

 

I tried calling three times today but keeps giving me automated message about high volume of calls and call back later, click.

 

:(



#29 Molly B.

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Posted 06 February 2017 - 11:35 AM

 Please send me a PM with your full legal name, date of birth, and application number.


"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

#30 chrisjj

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Posted 06 February 2017 - 01:06 PM

Done, thanks in advance.






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