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Getting foid card back ?


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#1 Vanishing point

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Posted 25 June 2017 - 12:12 PM

Long story made short.

I was charged with domestic violence. (Total bs )

States attorney dropped all charges. ( rightfully so )

At the time I was charged I had to surrender all firearms to local pd.

I surrendered my foid at local court house.

The paper work I received from the ISP states I need to appeal to the judge for the return of my firearms and foid.

What do I have to do to accomplish this ? My plan was to go to the court house ask the states attorney office if I can go before a judge and have them sign off on this. I would like to do this by myself without a lawyer. If I can make this happen do I then mail or fax the paperwork to the ISP? Any information you could provide would be of great help. My local pd was no help at all. Have never had the ISP answer the phone . Please help. Thank you !

#2 Mr. Fife

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Posted 25 June 2017 - 12:21 PM

Apparently the ISP thinks Illinois is a "may issue" state.

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Have all boated who fish?
Have all boated who fish?

 

 


#3 mic6010

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Posted 25 June 2017 - 12:32 PM

Pretty common situation seems like from how many times I have seen this come up on this forum. Welcome to Illinois politics comrade. Guilty until proven innocent and your rights don't matter.

 

Yes I think you will have to go before a judge and have him sign an order for the local PD to give you your guns back. But first the ISP will have to issue you a new FOID card and who knows what they will need in order to do that. Good luck with all that.


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#4 InterestedBystander

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Posted 25 June 2017 - 12:53 PM

Check with Molly B or one of the others who have dealt with this will hopefully be along to provide guidance.

I could be wrong, but thought videopaul had a similar challenge retrieving firearms from local PD after issues dropped and judge signed orders. However, Im having trouble finding it via search.

Edited by InterestedBystander, 25 June 2017 - 01:15 PM.

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#5 04 Cobra

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Posted 25 June 2017 - 01:18 PM

I know a guy at work that went through a similar situation.  First, You'll need to get your FOID card reinstated, to to that , if I were you...mail and fax at least 3 copies of the case final disposition to ISP and ask that your firearm privileges be reinstated, His was reinstated about 30 days after being revoked, so not too bad.     Since the charges were dropped, you should be able to take a copy of the case final disposition and your new FOID Card  right into the Police Department that confiscated your firearms and have them released to you immediately.

 

finally.....Stay far away from the crazy chics and DB!!  Good luck



#6 InterestedBystander

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Posted 25 June 2017 - 01:19 PM

FOID & CCL reissue after charges dismissed

http://illinoiscarry...showtopic=57100

and of course things did not go as smoothly as they should have

http://illinoiscarry...showtopic=59944

Edited by InterestedBystander, 25 June 2017 - 01:21 PM.

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#7 Molly B.

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Posted 25 June 2017 - 05:01 PM

You do not need an attorney to appeal the revocation of your FOID card.  The first thing you need to do is go the court house and get a certified copy of the judge's orders showing the O.P. was dismissed.

 

Then you will need to file a FOID 'records correction' appeal:

 

Info and instructions -  

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

 

Necessary forms:

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

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

 

Mail the forms along with the court document to the address on the forms.

 

Once your FOID card is reinstated, you should be able to request the return of your firearms from the local PD.


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#8 skinnyb82

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Posted 26 June 2017 - 07:42 AM

Why is it that it takes the state seconds to suspend your rights, and then, after being cleared or at least told "we can't prosecute you," it requires a month of filing BS to get your own property back. The mechanism should be automatic. They've provided an automatic mechanism for revocation, so they ought to provide an automatic mechanism for reinstatement and return of property. Sent from my VS987 using Tapatalk
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#9 Xwing

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Posted 26 June 2017 - 08:19 AM

Per the links InterestedBystander included above, you may want to IM VideoPaul for any pointers.  He went through something similar last year, and may know some "gotchas" to watch out for in the process...


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#10 Vanishing point

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Posted 26 June 2017 - 01:19 PM

UPDATE ....... First ,thank you for the quick replies . I read the video Paul thread and got some good info .

My case was dismissed on 6/20/17.

I went back to the court house today 6/26/17

I filed my own motion to go before the judge. The motion was free . I did have to pay $80 to amend the case .Basicallly $80 to see the judge.

The judge did give me a court order to get my firearms back.

It basically states that I'm clear of all charges and as long as I don't have any other legal cases against me the PD can give them back.It also states I need the proper documentation, foid.

I also got a copy of the disposition for my case that cost $9

This was in cook county, bridgeview court house .

Now I have all my documents in order any advice on how to deal with the ISP ? Should I just mail it or fax ? Send it to the appeal department?

Any idea how long it will take to get the foid back ?

Thank you again for the help.

If I can be of any assistance or answer any questions I would be happy to .

By the way there were about 10 people there that the judge ordered to surrender firearms to the local PD and foid to the ISP. I thought it was very odd when I asked the states attorney and judge if this is all I need they both seemed unsure. SA said he hasn't delt with this before. Judge said she issued court orders a few times and never saw those people back in her court room and said she was unsure how the ISP is handeling this stuff. Crazy !!

#11 chislinger

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Posted 26 June 2017 - 01:30 PM

"Can" give them back or "must" give them back? They are different things!
"I'm not worried about following the U.S. Constitution." - Washington County, Alabama Judge Nick Williams

#12 Buzzard

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Posted 26 June 2017 - 01:50 PM

Never, I repeat never, seek legal advice from a states attorney! That is how I lost my CDL FOREVER!!



#13 skinnyb82

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Posted 26 June 2017 - 02:27 PM

CAN return your property? More like MUST as the alternative is an unconstitutional takings. Sent from my VS987 using Tapatalk
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#14 Vanishing point

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Posted 27 June 2017 - 11:15 AM

The court order has 4 different parts .

1 There are no court holds on inventory associated in this case.

2 Any items held per the above mentioned case shall be returned to Mr ....

3 Any firearm inventoried is not being held by above case #...

4 Firearms may be returned per police dept regulations with appropriate documentation in accordance with police procedures.

I posted this hoping it can help anyone else dealing with this .

I am about to mail my appeal . I have filled out foid appeal . Including case disposition, court order,surrender of foid document, inventory of firearms surrendered. I've read all the info I could find and I think this is all I need ? Any advice or pointers before I drop this in the mail ?

#15 Molly B.

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Posted 27 June 2017 - 04:00 PM


I am about to mail my appeal . I have filled out foid appeal . Including case disposition, court order,surrender of foid document, inventory of firearms surrendered. I've read all the info I could find and I think this is all I need ? Any advice or pointers before I drop this in the mail ?

 

I strongly suggest you mail your appeal special delivery with a request for signed receipt of delivery.


"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

#16 Vanishing point

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Posted 27 June 2017 - 05:12 PM

Damm . To late , already dropped it in the mail . I plan to sign up on the ISP web site . Hoping that it will show if any progress is being made . If we could use these incredible computers and internet we have wouldn't it be better for everyone? Maybe have driver license facilities be able to process foid. If anyone has feed back on the ISP web site I'd like to know if it's worth signing up .? Calling has been 100% fail for me . Directs me to a voice mail box to leave a message and mail box is full . Click goodbye. Thanks again for the help .




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