Jump to content

For those of us denied and cannot afford an attorney


Ssrkid86

Recommended Posts

OK. There is WAY too many denial threads going on and I can't speak for everyone, but my head is spinning.

Every thread goes WAY off topic at one point or another and makes trying to find information frivolous and not easy.

 

To address questions before they arise:

Yes, I plan on doing my own appeal and representing myself in court regardless to the urging to use an attorney

No, I cannot afford an attorney.

No, I am not planning on moving out of state.

Yes, I am an NRA and ISRA member.

Yes, I meet all requirements and am one of those who have only a vague idea why I was denied.

Yes, my instructor(s) are still certified.

Yes, my FOID card is still VALID according to the ISP website.

Yes, I hold a Utah permit and am awaiting my Florida permit.

No, I have not received my official denial letter. However, it is coming. This is simply to have my **** together and get on top of this mess without wasting time on uncertain research.

 

 

I have a good general idea of what's next.

Send an E-mail to Todd and Molly with ALL of my information.

30-35 days to appeal (I've heard both and at this point it doesn't matter.)

I need to submit a petition to the circuit court regarding my case.

Where can I find a template of this petition?

How do I go about submitting it?

Once this is submitted, what's next?

 

PLEASE STAY ON TOPIC in this one because those of us denied are on a clock! and cannot afford to waste time reading posts about things that do not involve the brand new process of appealing. I fully understand that this is new and not everyone is on the same page and the details are not ironed out yet. They won't be for months. I am looking for advice from others in similar situations who have already taken these first few steps.

 

Thank you!

Link to comment
Share on other sites

Posted · Hidden by Molly B., March 31, 2014 at 03:23 PM - No reason given
Hidden by Molly B., March 31, 2014 at 03:23 PM - No reason given

Sadly most threads veer off topic . I think it is the water .

Good for you , Gods Speed and I hope the best for you .

Link to comment
Posted · Hidden by Molly B., March 31, 2014 at 03:23 PM - No reason given
Hidden by Molly B., March 31, 2014 at 03:23 PM - No reason given

I wish I could help you.

 

I do not have the answers to your questions.

 

This is why people hire attorneys, attorneys have the answers you seek...

Link to comment
Posted · Hidden by Molly B., March 31, 2014 at 03:23 PM - No reason given
Hidden by Molly B., March 31, 2014 at 03:23 PM - No reason given
Link to comment

There is no template yet. There are legal issues with offering a template but we hope to have some examples that have been provided by those who are appealing.

 

We are trying to stop or delay the clock through various means. Do not know if we will be successful.

 

You will need to file the Administrative Review Complaint in the Circuit Court in the county where you live.

 

We hope to have more answers in the next few days.

Link to comment
Share on other sites

The only thing you can do is file an appeal in a timely manner.

 

my guess is that an attorney who does administrative decision appeals would be the best choice, but if you are unwilling to fork out the money for one, you could try it on your own, or wait and see what someone else files first and use that as a template.

 

I don't see anything saving you from having to appeal it in court if the board turned you down. The law is pretty clear what your appeal path is and you have to file within a certain amount of time for such things. I think there is some default time period that applies because the FCCA does not specify it, and it is not real long. 30 days IIRC.

 

you already spent a bunch of money on trying to get a license. it is hard to know what a lawyer would charge for filing the papers but I think your chances of getting undenyed are much better if a lawyer familiar with this process were to handle it for you.

 

the board is set up as a secretive star chamber type entity for no good reason and that is going to make it a tough nut to crack.

 

I think you will have trouble with a class action suit as usually those are handled on a contingency basis and there is no way for a lawyer to get paid. I don't think this kind of thing fits well into that paradigm anyway.

 

my guess is that most of the people who are denied are going to have a hard time getting a lower court to undeny them. this is nothing special as far as requesting judicial review of an administrative decision, other than being a new law.

Link to comment
Share on other sites

As was provided in one of the other Posts on another Thread: John_Horstman, Denied By ISP Board of Review, Post 67

 

Try using the Cook County Clerk's Form: Cook County Clerk of the Circuit Court Form Search, Form CCG 0125 in PDF

 

If I were you I would just modify it to fit your needs. Re-type it and instead of Village everywhere, you say ISP or what ever the formal name of the Board is in whatever way suits your needs.

This can be filed "Pro Se" - On one's own behalf without a lawyer. There may be filing charges so check with your County's Clerks office. You may be able to get a copy of this form from your county's clerk, check and see if they have a form available. Ask for a "Pro Se Complaint For Illinois Administrative Review" as the one provided in the link above is called.

 

Hope this helps, good luck.

Link to comment
Share on other sites

  • 2 weeks later...
Also denied (4/1) and still waiting on letter. If you live in cook county I was told you can only appeal(board review denial) at the Daley center rm 802. The cost is $297 plus $15 per defendant named in the case (ie ISP/cclrb) and this fee is only to be waived/returned if you can prove financial hardships but she gave no info into what kind of documents would prove that.
Link to comment
Share on other sites

I just filed my appeal today. If you are in Cook County, you have to go to the Daley Center Room 802. There is no standard form to file. I brought in the form that Molly B posted (filled out with my info of course), but there were other forms I had to fill out as well. The administrative complaint appeal was filed to the ISP. It cost me $291.96. That included the filing it and the $15 charge for delivery to the ISP. My court date is four months from today. Now if I only new the actual reason why I was denied.

Link to comment
Share on other sites

 

It cost me $291.96. That included the filing it and the $15 charge for delivery to the ISP. My court date is four months from today. Now if I only new the actual reason why I was denied.

 

Good God, welcome to Illinois shall issue, contingent on you spending $1000s to prove you ware worthy...

 

The fun hasn't even begun....just as an aside.....we haven't even gone to court with my FOID Revocation appeal and to date...the psych eval cost me $12K out of pocket and legal fees are north of $20K....and my guess is we will likely crack six digits by the time its over. That is one reason that rather than dealing in state court there is a significant appeal to filing an action asserting depravation of due process under 42 USC 1983 and seeking to attach personal liability to the individuals involved rather than agencies. Unfortunately, the cost of dealing with all of these items is significant.

Link to comment
Share on other sites

I have a feeling that my "Shall issue" license it going to end up costing me several thousand dollars, but I can only imagine what you are going through. I really do feel bad for you and hope that you can get it all cleared up. What really sucks the most is the money and time that has to be spent to get these types of situations to get them cleared up. Good luck Elmer Fudd!!

Link to comment
Share on other sites

Trust me I know full well how fast legal fees add up while you are proving your innocence, wasted a down payment on a house defending my innocence a few years ago myself...

 

You should see how fast they pile up in a divorce. Combined we probably could have bought a house. Worst thing about a divorce is that it can be done very inexpensively as long as both parties are reasonable. Unfortunately that is seems to be the exception.

 

 

Sent from my iPhone using Tapatalk

Link to comment
Share on other sites

I just filed my appeal today. If you are in Cook County, you have to go to the Daley Center Room 802. There is no standard form to file. I brought in the form that Molly B posted (filled out with my info of course), but there were other forms I had to fill out as well. The administrative complaint appeal was filed to the ISP. It cost me $291.96. That included the filing it and the $15 charge for delivery to the ISP. My court date is four months from today. Now if I only new the actual reason why I was denied.
Best of luck to you.

 

 

Sent from my iPhone using Tapatalk

Link to comment
Share on other sites

I just filed my appeal today. If you are in Cook County, you have to go to the Daley Center Room 802. There is no standard form to file. I brought in the form that Molly B posted (filled out with my info of course), but there were other forms I had to fill out as well. The administrative complaint appeal was filed to the ISP. It cost me $291.96. That included the filing it and the $15 charge for delivery to the ISP. My court date is four months from today. Now if I only new the actual reason why I was denied.

 

What types of payment do they accept, cash only?

Link to comment
Share on other sites

I was lucky, when I got there, there was only 1 person ahead of me and they were just finishing up. I had all my papers in order but there were still other things I needed to fill out. By the time I finished filling everything out, it took my about 10-15 minutes. When I was finished, there were about 8-10 people behind me in line. And like any other government clerk, there were 3 cashier places, but there was only 1 person working. So I imagine that if everyone took 10-15 minutes, you could be waiting there for a while.

Link to comment
Share on other sites

Archived

This topic is now archived and is closed to further replies.

  • Recently Browsing   0 members

    • No registered users viewing this page.
×
×
  • Create New...