gpsgreek Posted March 19, 2014 at 11:16 PM Share Posted March 19, 2014 at 11:16 PM Thanks. Im in Northern Crock county. Hopefully we can be as lucky. Link to comment Share on other sites More sharing options...
cnwfan3 Posted March 20, 2014 at 01:52 AM Share Posted March 20, 2014 at 01:52 AM gpsgreek, let me know when you get yours as I am in northern crook county too. Link to comment Share on other sites More sharing options...
gpsgreek Posted March 20, 2014 at 02:29 AM Share Posted March 20, 2014 at 02:29 AM gpsgreek, let me know when you get yours as I am in northern crook county too. You will be third to know. First me, Second Lawyer and then you.. Link to comment Share on other sites More sharing options...
IronSam Posted March 20, 2014 at 09:16 AM Share Posted March 20, 2014 at 09:16 AM I saw my Denial on the digital dashboard, emailed ISP and got a response the following day that a letter was forthcoming with instructions and it came that week. Link to comment Share on other sites More sharing options...
Molly B. Posted March 20, 2014 at 02:01 PM Share Posted March 20, 2014 at 02:01 PM Not sure how the background checks are done. A common denominator may be they see an arrest in someones history but cannot see the final dispostion of the matter regarding any legal disqualifiers. They may need the applicant to provide court documents regarding such, or in the case of a DUI, the level of intevention and classificaton in the Evaluation Report and any corresponding court orders. I don't believe the ISP is "looking" to deny anyone for arbitrary reasons but want to be sure they are not granting permits on the same basis.Cross the T's and dot the I's. I don't know if that is etirely true. I have been denied and have no arrests (ever) and no mental health or any other issues. Trying to figure it out is aa waste of time at this point. As Molly suggested, wait for the letter. Molly, once they come, should we contact you or Todd, or both? both Link to comment Share on other sites More sharing options...
Timothy87 Posted March 20, 2014 at 03:03 PM Share Posted March 20, 2014 at 03:03 PM gpsgreek, let me know when you get yours as I am in northern crook county too. You will be third to know. First me, Second Lawyer and then you.. You two are in northern cook. So am I, I am in streamwood. Let me know and I will do the same about a lawyer. I am with you guys and jay waiting for tht letter Link to comment Share on other sites More sharing options...
Sysco70 Posted March 21, 2014 at 03:18 AM Share Posted March 21, 2014 at 03:18 AM Received a letter today stating LE objected and sent my info to the review board siting 430 ilcs 66/20 I've had 2-3 arrests in the past 7 years. The arrest record has not changed and FL and Utah both renewed my ccl for there states year and a half ago they just wanted documentation and an explaination and they sent my renewals Link to comment Share on other sites More sharing options...
cnwfan3 Posted March 22, 2014 at 11:35 AM Share Posted March 22, 2014 at 11:35 AM I received my letter today (3/22). The reason that was given is that I pose a danger to myself or others /are a threat to public safety. I can't see how that can possibly be since I have never ever been arrested, never had the police called on me, never have had any mental health issues. I am at a total loss. The letter says I can appeal but give absolutely no information on how to do it. Todd, Molly, what is my next step? I'm not sure where to go from here? I obviously want to appeal this since I have not ever done anything for them to come up with this decision. Link to comment Share on other sites More sharing options...
mdt Posted March 22, 2014 at 12:00 PM Share Posted March 22, 2014 at 12:00 PM (edited) I also received a letter today (3/22). I show "Denied" on web site (on 3/10), HOWEVER my letter (dated 3/19) states that they received an objection from a law enforcement agency. It also states that the board shall issue a decision within 30 days of receipt of the objection. (Doesn't state when they received the objection) Live in Winnebago County for last 6 years and years 7-10 in Chicago... No misdemeanors, No felonies... Got to ride in CPD car in 2001 (therefore the objection?) More patiently waiting. Submitted (1/13) with prints Edited March 22, 2014 at 12:03 PM by mdt Link to comment Share on other sites More sharing options...
cnwfan3 Posted March 22, 2014 at 12:26 PM Share Posted March 22, 2014 at 12:26 PM mdt, I received the same letter as you about being under board review. I also received a second one that told the reason for my denial. Both were dated 3/19. Strange that they sent the under board review letter the same day they sent the denial letter. Link to comment Share on other sites More sharing options...
Molly B. Posted March 22, 2014 at 05:03 PM Share Posted March 22, 2014 at 05:03 PM Please see this topic for the proceeding to the next step in the denial process. http://illinoiscarry.com/forum/index.php?showtopic=47175 Link to comment Share on other sites More sharing options...
Barnowl Posted April 7, 2014 at 04:03 PM Share Posted April 7, 2014 at 04:03 PM I am an attorney on the northwest side of Chicago. I have a CCL. A client/friend came in with the attached denial from the ISP and Board with absolutely no reason other than a weak "preponderance of the evidence". Has anyone gone to the next step? Is the Cook County Circuit Court the next step? DenialNoReason.pdf Link to comment Share on other sites More sharing options...
Ericshere Posted April 7, 2014 at 04:48 PM Share Posted April 7, 2014 at 04:48 PM It will be very interesting to some day find out what this preponderance of evidence the board is using in denying people. I wish you all the best in fighting this monster. Link to comment Share on other sites More sharing options...
Elmer Fudd Posted April 7, 2014 at 06:54 PM Share Posted April 7, 2014 at 06:54 PM Not to take this off track.....I have made an attempt to start a thread by framing the definitional issue associated with "danger to yourself and others" as contained in both the FOID Act and the FCCL statute. http://illinoiscarry.com/forum/index.php?showtopic=47773. I am hoping some of you will benefit from what I am being put through. Link to comment Share on other sites More sharing options...
Molly B. Posted April 14, 2014 at 03:35 PM Share Posted April 14, 2014 at 03:35 PM I am an attorney on the northwest side of Chicago. I have a CCL. A client/friend came in with the attached denial from the ISP and Board with absolutely no reason other than a weak "preponderance of the evidence". Has anyone gone to the next step? Is the Cook County Circuit Court the next step? Sending private message. Link to comment Share on other sites More sharing options...
IronSam Posted April 14, 2014 at 04:28 PM Share Posted April 14, 2014 at 04:28 PM Applied 1/8, 2/8 Board Review, 3/10 Denied. I also received 2 letters on the same day with overlapping issues. March 19, Board received an objection and will need 30 days. March 19, second letter states objection (no reason) and that the board finds I am eligible and ISP will resume processing. Online status still shows Denied since March 10th, the date of first letter of denial based on "treatment of alcohol". Their defininiton of DUI Classes. Will mail out the Admin. Review Request if no change this week. Call Center is of no help. I thought this is a Shall Issue Law. The Sections of the Statute regarding this issue are in plain language. ISP is turning 2 or more DUI's into Zero DUI's. Link to comment Share on other sites More sharing options...
Tonyz23 Posted April 14, 2014 at 11:01 PM Share Posted April 14, 2014 at 11:01 PM I just applied last Friday and today I checked online and noticed they wanted me to review my current address. I live in oak brook terrace. And seems my dmv did not add that to my license but right zip code. I called ISP and they said they would relay that message to the proper Chanels. Noticed my foid card was correct But seems I got short changed on my dl. Link to comment Share on other sites More sharing options...
Molly B. Posted April 15, 2014 at 04:03 AM Share Posted April 15, 2014 at 04:03 AM Applied 1/8, 2/8 Board Review, 3/10 Denied. I also received 2 letters on the same day with overlapping issues. March 19, Board received an objection and will need 30 days. March 19, second letter states objection (no reason) and that the board finds I am eligible and ISP will resume processing. Online status still shows Denied since March 10th, the date of first letter of denial based on "treatment of alcohol". Their defininiton of DUI Classes. Will mail out the Admin. Review Request if no change this week. Call Center is of no help. I thought this is a Shall Issue Law. The Sections of the Statute regarding this issue are in plain language. ISP is turning 2 or more DUI's into Zero DUI's. They are incorrectly defining DUI classes and victim impact classes as "court ordered treatment for alcoholism". We are working on this. In the meantime, you have 60 days from the date of the denial letter to appeal to the ISP using the form they provide on the ISP website. Be sure to include any court documents you have that show what the judge ordered. Link to comment Share on other sites More sharing options...
daviscovertcarry Posted April 16, 2014 at 12:08 AM Share Posted April 16, 2014 at 12:08 AM I am an attorney on the northwest side of Chicago. I have a CCL. A client/friend came in with the attached denial from the ISP and Board with absolutely no reason other than a weak "preponderance of the evidence". Has anyone gone to the next step? Is the Cook County Circuit Court the next step? I have a student who has filed suit if you would like to pm me - I will pass on your information to him . He may be able to help you out with the information he and his attorney have gathered thus far . Link to comment Share on other sites More sharing options...
daviscovertcarry Posted April 16, 2014 at 12:10 AM Share Posted April 16, 2014 at 12:10 AM Applied 1/8, 2/8 Board Review, 3/10 Denied. I also received 2 letters on the same day with overlapping issues. March 19, Board received an objection and will need 30 days. March 19, second letter states objection (no reason) and that the board finds I am eligible and ISP will resume processing. Online status still shows Denied since March 10th, the date of first letter of denial based on "treatment of alcohol". Their defininiton of DUI Classes. Will mail out the Admin. Review Request if no change this week. Call Center is of no help. I thought this is a Shall Issue Law. The Sections of the Statute regarding this issue are in plain language. ISP is turning 2 or more DUI's into Zero DUI's. They are incorrectly defining DUI classes and victim impact classes as "court ordered treatment for alcoholism". We are working on this. In the meantime, you have 60 days from the date of the denial letter to appeal to the ISP using the form they provide on the ISP website. Be sure to include any court documents you have that show what the judge ordered. Molly will there be any assistance for the people who are having to file suit and set precedent to get this mess staightened out ? I think if these people win their cases against the counties who are objecting - they should get some help with their attorney's fees . Link to comment Share on other sites More sharing options...
Molly B. Posted April 16, 2014 at 12:16 AM Share Posted April 16, 2014 at 12:16 AM Molly will there be any assistance for the people who are having to file suit and set precedent to get this mess staightened out ? I think if these people win their cases against the counties who are objecting - they should get some help with their attorney's fees . I do not know how the Administrative Review process works. Someone mentioned they do get their fees back, some say they do not . . . Link to comment Share on other sites More sharing options...
IronSam Posted April 16, 2014 at 12:17 AM Share Posted April 16, 2014 at 12:17 AM I appreciate that but I think that's the last step if this avenue is exhausted.Thanks Molly for the help. I mailed out my Request for Admin. Review today with all the related documentation. Link to comment Share on other sites More sharing options...
Elmer Fudd Posted April 16, 2014 at 12:30 AM Share Posted April 16, 2014 at 12:30 AM As a general rule, in order to obtain an award of legal fees, a plaintiff must do more than merely prevail. The standard varies in different venues, but essentially one has to "substantially prevail" and generally be able to prove that the position that the state agency was unreasonable based upon the underlying rules. You can assume that this is a very difficult standard to meet in this type of a situation and I would be very surprised to see an award of legal fees. Link to comment Share on other sites More sharing options...
daviscovertcarry Posted April 16, 2014 at 01:05 AM Share Posted April 16, 2014 at 01:05 AM As a general rule, in order to obtain an award of legal fees, a plaintiff must do more than merely prevail. The standard varies in different venues, but essentially one has to "substantially prevail" and generally be able to prove that the position that the state agency was unreasonable based upon the underlying rules. You can assume that this is a very difficult standard to meet in this type of a situation and I would be very surprised to see an award of legal fees.His attorney has already informed him that he cannot get attorney's fees from the state or county . I am referring to help from other organizations such as NRA , ISRA or even Illinois Carry ? The State Police has said that they do not even know why the review board enforced the objection by local law enforcement - they have seen no evidence that says he should have been denied . Setting precedent in court will hopefully force some changes to the weak points in this law . Link to comment Share on other sites More sharing options...
Elmer Fudd Posted April 16, 2014 at 01:15 AM Share Posted April 16, 2014 at 01:15 AM I have a situation of my own going on where the NRA's Civil Rights Defense Fund and ISRA are picking up a portion of the legal fees. I can tell you that there is a selection and review process that each of the organizations go through wherein the usual criteria are for situations that involve the potential for cases where the potential holding could impact a large number of people....for example, the issue in my case is the voluntary mental health admit under 430 ILCS 65/8(e) where the provision is new, the application harsh, and there is a complete lack of guidance. A situation of that type has potential value for a Federal "due process" claim. There may be a situation where something within FCCL warrants that involvement, What everyone needs to realize is that the organizations have finite resources, and generally they don't provide funds to help people afford the cost of legal fees.....they do so where there is broad based value in prevailing on a specific matter. Link to comment Share on other sites More sharing options...
IronSam Posted April 17, 2014 at 11:11 PM Share Posted April 17, 2014 at 11:11 PM (edited) Molly, Any change of their position on DUI classe as being reatment for alcoholism? Will a change in position qualify those that have already been denied? Edited April 17, 2014 at 11:13 PM by IronSam Link to comment Share on other sites More sharing options...
Molly B. Posted April 18, 2014 at 12:33 AM Share Posted April 18, 2014 at 12:33 AM We're still working on it. Link to comment Share on other sites More sharing options...
moon Posted April 18, 2014 at 02:59 PM Share Posted April 18, 2014 at 02:59 PM Molly - any updates or anything you can share about the process for those denied due to the phony instructor? I've received my letter, redid the training, sent in the the items to ISP and Todd. It seems like those denied for training don't exactly fit the other denials and wondering if the process is different? Will we need to go through the whole 120 days again? Link to comment Share on other sites More sharing options...
Molly B. Posted April 18, 2014 at 03:27 PM Share Posted April 18, 2014 at 03:27 PM I would not think so because the law enforcement window should have closed, the background checks might be ongoing, not sure. I am working for future arrangements to allow an option to simply go to the online application and upload the new training document - putting the applicant right back into the system. Makes sense to me. We'll see what happens. Link to comment Share on other sites More sharing options...
AG5124 Posted April 18, 2014 at 04:21 PM Share Posted April 18, 2014 at 04:21 PM Just filed my appeal $297, court date August 12...and hopefully I hear good news from the NRA investigator before then...good luck all Link to comment Share on other sites More sharing options...
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