33 replies to this topic

[mficare]

Fist here were I have a problem...


has not been convicted in Illinois or any other
6     state of (i) a felony, (ii) a misdemeanor involving the use
7     or threat of physical force or violence to any person
8     within the 10 years preceding the date of the application,
9     or (iii) a misdemeanor involving the use, possession, or
10     distribution of a controlled substance or cannabis within
11     the 10 years preceding the date of the application;
12         (e) has not been a patient in a mental institution
13     within the past 5 years, has not been adjudicated as having
14     a mental defect, or is not mentally retarded;

First off in early 2005 I had a seizure behind the wheel and was charged with a misdemeanor possession of cannabis and got a misdemeanor DUI, I was young and dumb and I have been clean since (that instance ruined my life and don't even wanna look at the stuff)  If a mental patient can recover and receive a conceal carry within 5 years why is it that someone in my case cannot due the same.  I understand if there is a felony or intent to distribute to wait longer as there is criminal intent but a misdemeanor, come on at lest put it on par with mental recovery time at 5 years, I have lots of paperwork pertaining to my recovery as well.  Right now there are places in IL that have decriminalized under 10 grams.

Can any one help with this or am I stuck waiting till 2015 if this passes in May?

[Drylok]

I wouldn't sweat it.

[willxjcherokee]

HB148 probably wont pass, that's the chicagoway.
I assume we get RTC  

[Federal Farmer]

mficare, on 06 December 2011 - 11:29 AM, said:

Fist here were I have a problem...


has not been convicted in Illinois or any other
6     state of (i) a felony, (ii) a misdemeanor involving the use
7     or threat of physical force or violence to any person
8     within the 10 years preceding the date of the application,
9     or (iii) a misdemeanor involving the use, possession, or
10     distribution of a controlled substance or cannabis within
11     the 10 years preceding the date of the application;
12         (e) has not been a patient in a mental institution
13     within the past 5 years, has not been adjudicated as having
14     a mental defect, or is not mentally retarded;

First off in early 2005 I had a seizure behind the wheel and was charged with a misdemeanor possession of cannabis and got a misdemeanor DUI, I was young and dumb and I have been clean since (that instance ruined my life and don't even wanna look at the stuff)  If a mental patient can recover and receive a conceal carry within 5 years why is it that someone in my case cannot due the same.  I understand if there is a felony or intent to distribute to wait longer as there is criminal intent but a misdemeanor, come on at lest put it on par with mental recovery time at 5 years, I have lots of paperwork pertaining to my recovery as well.  Right now there are places in IL that have decriminalized under 10 grams.

Can any one help with this or am I stuck waiting till 2015 if this passes in May?

I haven't confirmed, but it is my understanding that the wording in HB-148 is identical to the wording in the FOID act, so if you can get a FOID, you can get the as yet mythical IL Carry license (at least with respect to this aspect of the requirements).

[Chiburbian]

Drylok, on 06 December 2011 - 11:49 AM, said:

I wouldn't sweat it.

Explain?

EDIT: NM - delete.  I only saw the first post for some reason.

Edited by Chiburbian, 06 December 2011 - 12:37 PM.

[PPK]

First, welcome to the forum. Sounds like you made some bad choices earlier in your life. Glad you're getting it straightened out. You have to remember that HB148 didn't pass with that language in the bill so how much of a chance does it have if it's taken out. I hate to sound selfish or cold-hearted but if that's what it takes for it to pass, I'd say leave it in. 2015 isn't that far off far you.

[mficare]

PPK, on 06 December 2011 - 12:37 PM, said:

First, welcome to the forum. Sounds like you made some bad choices earlier in your life. Glad you're getting it straightened out. You have to remember that HB148 didn't pass with that language in the bill so how much of a chance does it have if it's taken out. I hate to sound selfish or cold-hearted but if that's what it takes for it to pass, I'd say leave it in. 2015 isn't that far off far you.

I'm all for it to pass at any cost..but my way of thinking is how do you give 5 years to someone who recovered from a mental disorder and 10 years to someone who made a mistake it sounds like 5 years is enough for reform...Like I stated I'm all for a longer wait time for a felony but not for someone with proven reform and a contributing member to society..I'm just looking for it to be fair.

[mficare]

Federal Farmer, on 06 December 2011 - 12:30 PM, said:

mficare, on 06 December 2011 - 11:29 AM, said:

Fist here were I have a problem...


has not been convicted in Illinois or any other
6     state of (i) a felony, (ii) a misdemeanor involving the use
7     or threat of physical force or violence to any person
8     within the 10 years preceding the date of the application,
9     or (iii) a misdemeanor involving the use, possession, or
10     distribution of a controlled substance or cannabis within
11     the 10 years preceding the date of the application;
12         (e) has not been a patient in a mental institution
13     within the past 5 years, has not been adjudicated as having
14     a mental defect, or is not mentally retarded;

First off in early 2005 I had a seizure behind the wheel and was charged with a misdemeanor possession of cannabis and got a misdemeanor DUI, I was young and dumb and I have been clean since (that instance ruined my life and don't even wanna look at the stuff)  If a mental patient can recover and receive a conceal carry within 5 years why is it that someone in my case cannot due the same.  I understand if there is a felony or intent to distribute to wait longer as there is criminal intent but a misdemeanor, come on at lest put it on par with mental recovery time at 5 years, I have lots of paperwork pertaining to my recovery as well.  Right now there are places in IL that have decriminalized under 10 grams.

Can any one help with this or am I stuck waiting till 2015 if this passes in May?

I haven't confirmed, but it is my understanding that the wording in HB-148 is identical to the wording in the FOID act, so if you can get a FOID, you can get the as yet mythical IL Carry license (at least with respect to this aspect of the requirements).

I looked at the FOID act...and mannnn is it long..the only thing that I can see about a misdemeanor is if the FOID holder is under the age of 21 and it states that you cannot be addicted to narcotics and basically the same thing about a mental disorder... EDIT: (430 ILCS 65/10) (from Ch. 38, par. 83‑10) Sec. 10. (a) talks about the cannabis control act of a class 2 felony or higher

Edited by mficare, 06 December 2011 - 01:27 PM.

[lockman]

mficare, on 06 December 2011 - 01:03 PM, said:

PPK, on 06 December 2011 - 12:37 PM, said:

First, welcome to the forum. Sounds like you made some bad choices earlier in your life. Glad you're getting it straightened out. You have to remember that HB148 didn't pass with that language in the bill so how much of a chance does it have if it's taken out. I hate to sound selfish or cold-hearted but if that's what it takes for it to pass, I'd say leave it in. 2015 isn't that far off far you.

I'm all for it to pass at any cost..but my way of thinking is how do you give 5 years to someone who recovered from a mental disorder and 10 years to someone who made a mistake it sounds like 5 years is enough for reform...Like I stated I'm all for a longer wait time for a felony but not for someone with proven reform and a contributing member to society..I'm just looking for it to be fair.

You always petition the court to have the records expunged.

[mficare]

lockman, on 06 December 2011 - 01:17 PM, said:

mficare, on 06 December 2011 - 01:03 PM, said:

PPK, on 06 December 2011 - 12:37 PM, said:

First, welcome to the forum. Sounds like you made some bad choices earlier in your life. Glad you're getting it straightened out. You have to remember that HB148 didn't pass with that language in the bill so how much of a chance does it have if it's taken out. I hate to sound selfish or cold-hearted but if that's what it takes for it to pass, I'd say leave it in. 2015 isn't that far off far you.

I'm all for it to pass at any cost..but my way of thinking is how do you give 5 years to someone who recovered from a mental disorder and 10 years to someone who made a mistake it sounds like 5 years is enough for reform...Like I stated I'm all for a longer wait time for a felony but not for someone with proven reform and a contributing member to society..I'm just looking for it to be fair.

You always petition the court to have the records expunged.

Do you think that would work?  Wouldn't the state have access to those records anyway?

[Drylok]

Chiburbian, on 06 December 2011 - 12:32 PM, said:

Drylok, on 06 December 2011 - 11:49 AM, said:

I wouldn't sweat it.

Explain?

EDIT: NM - delete.  I only saw the first post for some reason.

Because it's the same as the foid requirements

[samy12386]

Just get Ron Paul the GOP nomination and this will be a non issue

[mficare]

Drylok, on 06 December 2011 - 01:45 PM, said:

Chiburbian, on 06 December 2011 - 12:32 PM, said:

Drylok, on 06 December 2011 - 11:49 AM, said:

I wouldn't sweat it.

Explain?

EDIT: NM - delete.  I only saw the first post for some reason.

Because it's the same as the foid requirements

They read totally differently

[Bud]

An observation? You're comparing apples and oranges

Mental disease is ....a disease, curable by medication and therapy. It can and does happen to anyone and a period of remission is prima facie proof that it is cured..

An arrest and conviction for a misdemeanor offense is wilful illegal misconduct. You made a choice, it wasn't inflicted.  A period without a subsequent arrest and conviction for an additional offense is hardly proof of being cured. It may be but it may alsobe  just a demonstrated proof that you have gotten smarter and haven't been caught again.

A conviction is a conviction. You can't get it expunged without being pardoned by the Governor for the offense. But since it wasn't a felony, I don't think you can pursue that course either.

2015 isn't that far away.

Edited by BudMan5, 06 December 2011 - 06:21 PM.

[riversludge]

Quote

2015 isn't that far away.

It is if you are being mugged.

Edited by riversludge, 06 December 2011 - 06:38 PM.

[mficare]

BudMan5, on 06 December 2011 - 06:15 PM, said:

An observation? You're comparing apples and oranges

Mental disease is ....a disease, curable by medication and therapy. It can and does happen to anyone and a period of remission is prima facie proof that it is cured..

An arrest and conviction for a misdemeanor offense is wilful illegal misconduct. You made a choice, it wasn't inflicted.  A period without a subsequent arrest and conviction for an additional offense is hardly proof of being cured. It may be but it may alsobe  just a demonstrated proof that you have gotten smarter and haven't been caught again.

A conviction is a conviction. You can't get it expunged without being pardoned by the Governor for the offense. But since it wasn't a felony, I don't think you can pursue that course either.

2015 isn't that far away.

I disagree...if you ask a Dr. they consider addiction a DISEASE curable by therapy and in some cases medication...apples to apples.  I agree with you that subsequent arrest and conviction is needed, I paid my fine did my time. I don't need a lecture about diseases I have been diagnosed with crones DISEASE, ulcerative colitis, irritable bowl DISEASE, asthma and epilepsy to name a few..If you noticed the pattern I have inflammatory issues and cannabis is known to be a good anti inflammatory so forgive me if I'm being harsh but I don't like being categorized as a criminal or a "pot head"(referring to:It may be but it may alsobe  just a demonstrated proof that you have gotten smarter and haven't been caught again.) for trying to alleviate pain or trying to put some weight on after loosing 30 pounds in about 2 weeks. Forgive me for trying something new as years of being on pain meds and prednisone and other stuff I can't even pronounce.  My whole point is if a person can recover from a mental problem within 5 years why is it that someone in my case cannot. Maybe you didn't read my original post AS I HAD A SEIZURE BEHIND THE WHEEL...the cops subsequently searched my car I'm not some punk and never was  Once again forgive me for being harsh but I'm tired of being bent over and taken for being dumb 6 years ago...I think 10 years for a misdemeanor possession is pushing it

[mficare]

riversludge, on 06 December 2011 - 06:37 PM, said:

Quote

2015 isn't that far away.

It is if you are being mugged.

Edited by mficare, 06 December 2011 - 10:45 PM.

[Beezil]

samy12386, on 06 December 2011 - 01:57 PM, said:

Just get Ron Paul the GOP nomination and this will be a non issue

ron paul is not an "easy button"

[Danielm60660]

My brother got popped buying pot a few yeats back. Just a small amount for personal use. He has since gotten his record cleared with all thr original files mailed back to him. He did it himself and saved on lawyer's fees. I'm sure with some Google-fu you can get it taken care of.
DM

[fubarud]

You might as well be worried about the leprechaun and unicorn clauses in 148. If IL ever gets CC, it will likely be may issue so the same people carrying now will be carrying then, nobody but off duty cops. But at least the concealed carry map will be filled out. 49 other states dont have right to carry. Try getting a CC permit in any of the east or west coast may issue states and see what you get.

It could be a lot worse, NJ, MA, NY, CA and a few other states are pretty much no-carry states but at least I can have my AR's AK's and hi-cap mags.

[willxjcherokee]

I do not see us getting may issue.
Illinois is getting their bums kicked in the courts  

[Drylok]

samy12386, on 06 December 2011 - 01:57 PM, said:

Just get Ron Paul the GOP nomination and this will be a non issue

What does Ron Paul have to do with it?

[lockman]

BudMan5, on 06 December 2011 - 06:15 PM, said:

An observation? You're comparing apples and oranges

Mental disease is ....a disease, curable by medication and therapy. It can and does happen to anyone and a period of remission is prima facie proof that it is cured..

An arrest and conviction for a misdemeanor offense is wilful illegal misconduct. You made a choice, it wasn't inflicted. A period without a subsequent arrest and conviction for an additional offense is hardly proof of being cured. It may be but it may alsobe just a demonstrated proof that you have gotten smarter and haven't been caught again.

A conviction is a conviction. You can't get it expunged without being pardoned by the Governor for the offense. But since it wasn't a felony, I don't think you can pursue that course either.

2015 isn't that far away.

Quote

Expungement Information



People with qualifying arrests and convictions may petition the court of their sentencing county to expunge or seal their records. We can answer your questions regarding eligibility for expungement and sealing. We also have an information packet explaining the process and requirements for expunging/sealing of records. However, the Office of the State Appellate Defender cannot represent you on a petition to expunge or seal our records. To contact us with questions, or to request a copy of the information packet, you may email, call or write us. Be sure to include your mailing address if requesting a packet, as the packet cannnot be emailed. Forms and information may also be downloaded via the links below.

http://www.state.il....fender/exp.html

If your conviction is expunged you can legally omit information on any application requesting information about arrest or convictions related to the expunged conviction.

[kermit315]

while we are on this topic, how would it relate to a juvenile convicted of something?  Is it true that juveniles are not convicted, but instead found delinquent?  If that is the case, would they have the same prohibitions?

[TFC]

kermit315, on 08 December 2011 - 07:16 PM, said:

while we are on this topic, how would it relate to a juvenile convicted of something?  Is it true that juveniles are not convicted, but instead found delinquent?  If that is the case, would they have the same prohibitions?

I think that only domestic violence/forcible felony will disqualify you. Don't quote me on that one.

[cyclist]

fubarud, on 08 December 2011 - 01:28 PM, said:

You might as well be worried about the leprechaun and unicorn clauses in 148. If IL ever gets CC, it will likely be may issue so the same people carrying now will be carrying then, nobody but off duty cops. But at least the concealed carry map will be filled out. 49 other states dont have right to carry. Try getting a CC permit in any of the east or west coast may issue states and see what you get.

It could be a lot worse, NJ, MA, NY, CA and a few other states are pretty much no-carry states but at least I can have my AR's AK's and hi-cap mags.

On a side note:  If Illinois gets CC and goes "may issue", do you think having purchased AR's would keep you from being considered for a CCP?

Thanks in advance.

[TFC]

willxjcherokee, on 08 December 2011 - 01:57 PM, said:

I do not see us getting may issue.
Illinois is getting their bums kicked in the courts  

It's as likely as shall issue if at all. I'm almost willing to wait until there is enough of a majority to make shall issue a state constitutional amendment. The Chicago machine must be dealt out of the equation no matter how it goes.
May issue is just opening the door for all levels of corruption in Chicago and Cook county.
Shall/must issue or nothing.

[Uncle Harley]

cyclist, on 09 December 2011 - 03:05 AM, said:

fubarud, on 08 December 2011 - 01:28 PM, said:

You might as well be worried about the leprechaun and unicorn clauses in 148. If IL ever gets CC, it will likely be may issue so the same people carrying now will be carrying then, nobody but off duty cops. But at least the concealed carry map will be filled out. 49 other states dont have right to carry. Try getting a CC permit in any of the east or west coast may issue states and see what you get.

It could be a lot worse, NJ, MA, NY, CA and a few other states are pretty much no-carry states but at least I can have my AR's AK's and hi-cap mags.

On a side note:  If Illinois gets CC and goes "may issue", do you think having purchased AR's would keep you from being considered for a CCP?

Thanks in advance.

what would owning an AR have to do with the price of tea in China when it comes to getting a CCP?  ????

[Drylok]

I don't think shall issue or pre-empt are negotionable.

[samy12386]

Beezil, on 08 December 2011 - 12:27 PM, said:

samy12386, on 06 December 2011 - 01:57 PM, said:

Just get Ron Paul the GOP nomination and this will be a non issue

ron paul is not an "easy button"

Yes he is