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Foid Appeal

Appeal mental health

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#1 abrooks8140

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Posted 03 November 2019 - 07:09 PM

I sent in for my Foid and it was denied. Now I knew it would get denied due to a mental health stay at a local hospital. It had now been over the 5 year period, 6 years in May since that admission. I don't know exactly what the next steps are for appealing. I received the appeal letter but how do I go about getting the evaluation done and are there only certain doctors that do it? Also found a service that would help but is it worth it as on the low end they quoted $500. Has anyone been successful with appeal how long did it take?

#2 Molly B.

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Posted 03 November 2019 - 09:16 PM

Appeals filed with proper documents from a doctor are usually successful but take a year or more to be processed.  They have to clear the mental health board/committee first and then processed by the Illinois State Police who have a huge backlog of appeals on their hands.

 

When it has been more than 5 years, your doctor or someone certified to do mental health evaluations can sign the form and they mail it in to the ISP.  The forms that need to be filed are:

 

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

 

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

 

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


"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

#3 wolfcreek

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Posted 04 November 2019 - 05:41 AM

Just my opinion.I don't want to get anybody angry.There are certain truths in life.I have been through this process.The truth here is.If you have a history of mental issues.What ever they are.Your not going to get a foid.Unless you know someone who has some great influence with the powers to be.Illinois is about collecting foids,not issueing them.Just look at the laws being past.You can listen to this & that about.Contact this person or that,but the reality is.IT ain't gonna happen.If you want to sit around for two years and hope for the best.Thats up to you.As Ive said.The word "Mental" is the kiss of death in the foid issue.Anyone who tells you different is blowing smoke in your butt



#4 Molly B.

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Posted 04 November 2019 - 08:11 AM

I disagree and I don't blow smoke anywhere. It may take two years but if you are cleared with the mental evaluation and have no other prohibitors, you can be approved for a Foid card.
"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 Safegirl51

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Posted 04 November 2019 - 05:37 PM

I sent in for my Foid and it was denied. Now I knew it would get denied due to a mental health stay at a local hospital. It had now been over the 5 year period, 6 years in May since that admission. I don't know exactly what the next steps are for appealing. I received the appeal letter but how do I go about getting the evaluation done and are there only certain doctors that do it? Also found a service that would help but is it worth it as on the low end they quoted $500. Has anyone been successful with appeal how long did it take?

 

I had the same questions as you. I need to appeal for a mental health prohibitor I got from nine years ago this month. I wrestled for a while to figure out how to do it. I learned that since it was over five years ago I could have my regular personal physician sign off on my mental health certification form and they did. And, believe it or not they are a Democrat who thinks what the state is doing is ridiculous! Perhaps you can try your regular doctor like I did. So far, I have saved a ton of money this way. NOW, if I can only get a response from the ISP as to whether they even received my documentation!... My paper work was submitted nearly three months ago and there is still no sign of it even being reviewed. :cry: :mad(


Edited by Safegirl51, 04 November 2019 - 05:43 PM.


#6 Safegirl51

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Posted 04 November 2019 - 05:48 PM

Appeals filed with proper documents from a doctor are usually successful but take a year or more to be processed. 

 

Molly,

 

A YEAR or more? How is that legal? That's ridiculous. By that time, I could be long gone dead and buried. Or moved out of the state. Whichever comes first. Dang. :no:


Edited by Safegirl51, 04 November 2019 - 05:49 PM.


#7 Molly B.

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Posted 04 November 2019 - 05:59 PM

 

Appeals filed with proper documents from a doctor are usually successful but take a year or more to be processed. 

 

Molly,

 

A YEAR or more? How is that legal? That's ridiculous. By that time, I could be long gone dead and buried. Or moved out of the state. Whichever comes first. Dang. :no:

 


It isn't constitutional - but the ISP justifies the delay by saying there is a backlog of appeals and there is no provision in IL law that sets a deadline for processing appeals.


"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

#8 MagSlap

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Posted 04 November 2019 - 06:33 PM

Move to Chicago...

Aquire a gun.....

If you get busted with it..the 'paperwork' will be done in 24 hours and you'll be back home before the afternoon broadcast of "The View"...

Aquire another gun.

Rinse...Repeat.


Edited by MagSlap, 04 November 2019 - 06:34 PM.


#9 BigJim

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Posted 05 November 2019 - 10:30 AM

 

Appeals filed with proper documents from a doctor are usually successful but take a year or more to be processed. 

 

Molly,

 

A YEAR or more? How is that legal? That's ridiculous. By that time, I could be long gone dead and buried. Or moved out of the state. Whichever comes first. Dang. :no:

 

That's the whole idea.  This state does not want you to have a gun.


Big Jim
-----------------------------------------
I will not be commanded,
I will not be controlled
And I will not let my future go on,
without the help of my soul

The Lost Boy - Greg Holden

#10 wolfcreek

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Posted 05 November 2019 - 04:35 PM

Just because you "can" be approved for a FOID does not mean they have to issue you one.The word "mental" in any capacity will be reason enough to cancel you out.So…….if the state just blows you off.Who in the USA can say to them. "HEY" you guys are going against the constitution ! If you break the law.Can you use the excuse."I was just to busy" I don't think so.I think we should stop making excuses about the appeal going from 3 months to two years,and be realistic.At this point,are we worried about stepping on someone toes.Lets be honest.Were getting screwed and as has been said many times.The goal is to take guns from honest citizens.As best they try.The police (god bless em) aren't going to take all the guns from the bad guys.So where does that leave us ?



#11 Molly B.

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Posted 05 November 2019 - 05:37 PM

Just because you "can" be approved for a FOID does not mean they have to issue you one.The word "mental" in any capacity will be reason enough to cancel you out.So…….if the state just blows you off.Who in the USA can say to them. "HEY" you guys are going against the constitution ! If you break the law.Can you use the excuse."I was just to busy" I don't think so.I think we should stop making excuses about the appeal going from 3 months to two years,and be realistic.At this point,are we worried about stepping on someone toes.Lets be honest.Were getting screwed and as has been said many times.The goal is to take guns from honest citizens.As best they try.The police (god bless em) aren't going to take all the guns from the bad guys.So where does that leave us ?

 

 

If a person has been evaluated and cleared by a qualified medical professional, that is the process the ISP must follow under current law. ISP is correct though when they say there is no time frame for processing an appeal.  The problem with mental health appeals is that the appeal must go through quality control to make sure all documents have been submitted, then a review to make certain the evaluation was conducted by the proper medical professional, then it must be reviewed and processed by the director of the firearm services bureau. 

This last step is what takes the longest - in my opinion - because the appeal is then lumped in with all the other thousands of appeals for all the other reasons and it's like a 12 lane highway bottle-necked down to one lane.


"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

#12 wolfcreek

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Posted 05 November 2019 - 06:56 PM

Molly : I have all  the respect in the world for you and what you do.I would never want to offend you.No matter what is said.The state is doing a song & dance routine on it's citizens and laughing at us as they do it.There seems to be no end to what they come up with to limit the access to firearms.I'm sure it has crossed the minds (MINDS ???) of our elected officials.That by doing this mental appeal thing,especially with people just seeking out help.That many people that could be helped will sink deeper into depression,anxiety.This of course is not part of the agenda.Let them crash & burn.As long as we get that foid.It's criminal and one day I hope it comes back & bites them in the butt.Ive said enough.I got the heck out of Illinois and glad I did.Best of luck to all the victims of the socialist,communist controlled state.As Tom Horn said just before he was hung for a murder he didn't do.Ive told my story and that's all Ive got to say on that issue.Good luck,god bless.fight the good fight YES "FIGHT"



#13 billy811

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Posted 30 January 2020 - 08:08 PM

Appeals filed with proper documents from a doctor are usually successful but take a year or more to be processed.  They have to clear the mental health board/committee first and then processed by the Illinois State Police who have a huge backlog of appeals on their hands.

 

When it has been more than 5 years, your doctor or someone certified to do mental health evaluations can sign the form and they mail it in to the ISP.  The forms that need to be filed are:

 

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

 

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

 

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

Molly is there a way I can check the status for my appeal and if they have gotten to mine yet? Thanks



#14 Molly B.

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Posted 30 January 2020 - 09:07 PM

The only way I know is to contact the ISP Director Brendan Kelly. You can contact him or have your state legislators or attorney contact him. The answer is almost always that there is no time frame for processing appeals.

 

 

Director Brendan Kelly

Illinois State Police

801 S. 7th Street

Springfield, IL 62703

(217) 782-7263


"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

#15 billy811

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Posted 01 February 2020 - 07:07 PM

Thank you Molly



#16 Chip Kipperly

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Posted 03 February 2020 - 12:38 PM

I had the same questions as op. I need to appeal for mental health that was over 5 years ago, I have all the forms and my docs just need an evaluation.

#17 Cubsphan

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Posted 05 June 2020 - 06:38 PM

I sent in for my Foid and it was denied. Now I knew it would get denied due to a mental health stay at a local hospital. It had now been over the 5 year period, 6 years in May since that admission. I don't know exactly what the next steps are for appealing. I received the appeal letter but how do I go about getting the evaluation done and are there only certain doctors that do it? Also found a service that would help but is it worth it as on the low end they quoted $500. Has anyone been successful with appeal how long did it take?

 
I had the same questions as you. I need to appeal for a mental health prohibitor I got from nine years ago this month. I wrestled for a while to figure out how to do it. I learned that since it was over five years ago I could have my regular personal physician sign off on my mental health certification form and they did. And, believe it or not they are a Democrat who thinks what the state is doing is ridiculous! Perhaps you can try your regular doctor like I did. So far, I have saved a ton of money this way. NOW, if I can only get a response from the ISP as to whether they even received my documentation!... My paper work was submitted nearly three months ago and there is still no sign of it even being reviewed. :cry: :mad(
Same here. Any update?

#18 Mick G

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Posted 05 June 2020 - 06:49 PM

 

 

I sent in for my Foid and it was denied. Now I knew it would get denied due to a mental health stay at a local hospital. It had now been over the 5 year period, 6 years in May since that admission. I don't know exactly what the next steps are for appealing. I received the appeal letter but how do I go about getting the evaluation done and are there only certain doctors that do it? Also found a service that would help but is it worth it as on the low end they quoted $500. Has anyone been successful with appeal how long did it take?

 
I had the same questions as you. I need to appeal for a mental health prohibitor I got from nine years ago this month. I wrestled for a while to figure out how to do it. I learned that since it was over five years ago I could have my regular personal physician sign off on my mental health certification form and they did. And, believe it or not they are a Democrat who thinks what the state is doing is ridiculous! Perhaps you can try your regular doctor like I did. So far, I have saved a ton of money this way. NOW, if I can only get a response from the ISP as to whether they even received my documentation!... My paper work was submitted nearly three months ago and there is still no sign of it even being reviewed. :cry: :mad(
Same here. Any update?

 

Molly will probably chime in but it's going to be a while.

If you were to apply for a FOID card right now the waiting period is far beyond 3 months.

We aren't on Pritzkers to do list and the ISP is understaffed.

The appeal process takes time so be patient.

My neighbors FOID renewal took almost 5 months and that was a run of the mill renewal.

Your situation is a bit different but in time hopefully you will have your FOID.

Patience is your friend on this, it is frustrating but it is Illinois.



#19 Bubbacs

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Posted 05 June 2020 - 07:34 PM

^^^^^ in reading this today it got me to thinking
how many times have we posted here over the years and just said “ it’s Illinois”!
It’s almost like the uncle who ruins family gatherings each year after year after year......

Oh it’s ok “ it’s just uncle Charlie”
Shame really that we have to type that to people!

#20 Cubsphan

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Posted 13 June 2020 - 09:39 PM

I took a mental evaluation with a psychiatrist that also specializes on foid denials for mental reasons a couple days ago. I paid 500 cash. He said it usually takes three months to get approved. Wish me luck

#21 wolfcreek

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Posted 14 June 2020 - 11:38 AM

Hey ! I paid $1000.00 in 2018.Did everything by the numbers.It will be 2 years in another month."PLEASE" believe me.The word "MENTAL" makes you a leper in Illinois.As far as getting a FOID.It will "NEVER" happen.Unless your the guy who helped remove the toilets from Waldo's house.Forget firearms (legally) or move.Those are your two options.Ive come across people in Illinois who have no business with a firearm.They like to "Brandish" their gun.They are politically connected people.Save this & read it again in two years



#22 Benbow

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Posted 14 June 2020 - 09:08 PM

ISP has not even had an ALJ assigned to hear FOID appeals since 2016, per the sworn testimony of Jessica Trame.

 

There are legal ways to get the FOID, in less than a year, but it costs money.  Its BS, but thats the way it is.



#23 wolfcreek

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Posted 15 June 2020 - 03:44 PM

 Face it folks.The state is thumbing their nose at you and you can't do a thing about it.Which is why I moved.The "HUBRIS" is beyond belief. 1....the state will always be democratic controlled.2......they will never forgive the supreme court making them issue conceal carry.Bit by bit they are taking your rights away.As goes Chicago,so goes the state.Never mind that Chicago is a slaughter house.We take power from the police and tell you not to take matters of defending your home & family into your own hands.Taxes are beyond belief.The collar counties around Chicago are becoming democratic.This area holds the bulk of the population of Illinois.It seems that even if the rest of the state votes otherwise.There are not enough votes to change things.Everyone on this forum will be long gone & things will remain the same.OR WORSE !  



#24 Molly B.

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Posted 16 June 2020 - 08:17 AM

Things are truly dire in IL right now, but as for Second Amendment, we are making progress - slow - but progress.


"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

#25 wolfcreek

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Posted 16 June 2020 - 08:54 AM

Those in charge (or should I say power) are not stupid.They will throw you a few crumbs now & then.To keep your hopes up and keep those who would rebel in place.My god.Hire a lawyer for ton of money to obtain your rights? There will be changes coming in the future to our constitution.Not that they even go by it now.If they win this Nov.Plan on changes within the next 4 years.So right now we have all these states .each with their own little napolean.Stop and think.How the heck did a multi-billionaire get to run the state.Turn out the lights.the partys over. Remember "Free Speech" ? Ill bet real money that the ISP is all over this forum.Move along,move along.Nothing to see here.



#26 Joanie Patriot

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Posted 28 July 2020 - 10:34 PM

Applied for my first foid card 6/24/2020. Was denied 7/13/2020 for a mental health stay from over 5 yrs ago, that I believe I signed voluntarily since my ex regularly used this as a form of abuse with the aid of local police. So I believe this was a mistake by the hospital. My letter of the reason finally arrived about 10 days ago.

 

Regardless I now must appeal and I have made contact with the psych that specializes in these types of foid denials, and will have to pay $500. Since this is very important to me, to finally do this for myself, I want to hire a lawyer to help too. I'm in DuPage county,  and seem to only find a few, but they deal with expunging or removing criminal charges and activity. Mental health is not criminal. 

 

Does anyone know of attorneys that practice this type of law for the mental health aspect of denials?

 

Also, do I now have to be concerned, that if this is resolved and I buy a gun, that this will show up on the FBI NICS and could be denied a second time? Should I do the fingerprint thing with the post office, that I saw on another post? If so, are the 3 post offices in Chicago the only place to do, as I'm in the western suburbs? 



#27 Molly B.

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Posted 29 July 2020 - 01:59 PM

The mental health after 5 years is fairly straight forward and an attorney is not necessary at this phase unless you just want to have an attorney fill out the paper work for you.

 

We have a list of attorneys at this link: http://illinoiscarry...showtopic=40387


"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

#28 Joanie Patriot

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Posted 30 July 2020 - 10:17 AM

Thank you Molly for the reply and helpful information






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