markrad76 Posted December 16, 2019 at 12:59 AM Share Posted December 16, 2019 at 12:59 AM I had a foid card since 2003. Last week I attempted to purchase a new hand gun and the state revoked my foid card providing a domestic battery conviction as the reason for revocation. The issue is that I had never been convicted of domestic battery but rather a simple battery back in 1997 when I was in college. I had to submit my foid to the police department and transfer my weapons. Not sure how to proceed, I could file the appeal paperwork and wait for up to a year to get a response, if I'm lucky enough to receive one at all or should I hire an attorney and take it to the circuit court? I honestly feel like it's a deliberate tactic that Illinois is using to confiscate guns from people because I imagine many people would just throw in a towel and not fight it and even when they do, they still have their right to own a gun taken away for months at best. I have not been in trouble since the battery conviction, had a foid issued that was also renewal and purchased many guns since, why are they revoking my card now? It's so frustrating, I feel trapped with no way to win. Is it possible that the state is rewriting the rules and including battery as a reason for lifetime revocation? Please help any thoughts or advice would be greatly appreciated. Link to comment Share on other sites More sharing options...
Molly B. Posted December 16, 2019 at 01:20 AM Share Posted December 16, 2019 at 01:20 AM Did the battery involved a family member, someone who lived at the same address, or who you had a relationship with? Link to comment Share on other sites More sharing options...
markrad76 Posted December 16, 2019 at 01:39 AM Author Share Posted December 16, 2019 at 01:39 AM Yes, it was a stupid fight with an ex girlfriend that i didn't live with. I chose not to fight it in court because the prosecutor offered a plea deal of simple battery and probation so I accepted. Being in college I couldn't afford an attorney and wanted to get the whole ordeal behind me asap. My issue is that if the state could just up the battery charge to domestic battery after the fact, I would have never accepted the plea agreement in the first place. I would have taken a loan and fought the case. I ran a background check and the charge is 720 ILCS 5/12-3. Link to comment Share on other sites More sharing options...
Molly B. Posted December 16, 2019 at 02:07 AM Share Posted December 16, 2019 at 02:07 AM Unfortunately, a lot of folks are caught up in this same situation. Choices are few. If you know the states attorney back where it happened, you can go back and ask the court to vacate the conviction. There is a case that has been argued before the Illinois supreme Court, we're waiting on their ruling. Link to comment Share on other sites More sharing options...
steveTA84 Posted December 16, 2019 at 02:11 AM Share Posted December 16, 2019 at 02:11 AM (edited) See here http://altondailynews.com/mobile/news/details.cfm?id=294576#.XfbnjSVMElQ This is insane. I personally find it ludicrous that someone could legally own firearms, then all of a sudden they change the law and say -nope, not any more- after having legally owned them for so many years Edited December 16, 2019 at 02:13 AM by steveTA84 Link to comment Share on other sites More sharing options...
BobPistol Posted December 16, 2019 at 02:20 AM Share Posted December 16, 2019 at 02:20 AM I would petition to have that conviction expunged. Not sure if it qualifies. In addition, file an appeal, yes, it will take forever, but that's the only resource. Link to comment Share on other sites More sharing options...
markrad76 Posted December 16, 2019 at 02:21 AM Author Share Posted December 16, 2019 at 02:21 AM I just can't believe that I was convicted of battery 720 ILCS 5/12-3 but 22 years later the state decides to consider it a charge of 720 ILCS 5/12-3.2 which is domestic battery. It just doesn't make sense, I was not convicted of domestic violence why should I be treated as I have. Why not just consider it an attempted murder if they can assume any charge they want. Link to comment Share on other sites More sharing options...
steveTA84 Posted December 16, 2019 at 02:24 AM Share Posted December 16, 2019 at 02:24 AM How to go about (and what qualifies) for expungements involving battery https://www.chicagodefensefirm.com/blog/2019/march/can-a-battery-charge-be-expunged-in-illinois-/ Link to comment Share on other sites More sharing options...
steveTA84 Posted December 16, 2019 at 02:28 AM Share Posted December 16, 2019 at 02:28 AM I just can't believe that I was convicted of battery 720 ILCS 5/12-3 but 22 years later the state decides to consider it a charge of 720 ILCS 5/12-3.2 which is domestic battery. It just doesn't make sense, I was not convicted of domestic violence why should I be treated as I have. Why not just consider it an attempted murder if they can assume any charge they want.Changing a decades old settled case seems like a major issue. I hope there’s a way to challenge this (not only for you, but the whole issue of it happening to others as well). Link to comment Share on other sites More sharing options...
markrad76 Posted December 16, 2019 at 02:45 AM Author Share Posted December 16, 2019 at 02:45 AM Thank you all for your feedback. I'm in shock that this is really happening. At this point seems like moving out of Illinois is the best option but would be very difficult for me. I don't just want to give up but I feel hopeless. Link to comment Share on other sites More sharing options...
ragsbo Posted December 16, 2019 at 03:09 AM Share Posted December 16, 2019 at 03:09 AM I don't understand how the state can change the charge after all this time? Link to comment Share on other sites More sharing options...
Molly B. Posted December 16, 2019 at 03:35 AM Share Posted December 16, 2019 at 03:35 AM The IL Supreme Court ruling may be the answer we need. Hope to hear from the court in the next four months. In the meantime, you can file for a pardon. Be sure to require all rights, including the right to keep and bear arms be restored. Check into having the conviction vacated/overturned in the circuit Court where you were convicted. Link to comment Share on other sites More sharing options...
Flynn Posted December 16, 2019 at 05:39 AM Share Posted December 16, 2019 at 05:39 AM The IL Supreme Court ruling may be the answer we need. Hope to hear from the court in the next four months. And this is the thread to follow, as I know someone in the same situation that is hoping to have his rights returned over the same issue. http://illinoiscarry.com/forum/index.php?showtopic=70079&hl= Link to comment Share on other sites More sharing options...
wolfcreek Posted December 16, 2019 at 12:33 PM Share Posted December 16, 2019 at 12:33 PM The reality of the situation in Illinois is.They are pulling out all the stops to get foid cards.Lets be realistic folks.When it's gone,it's gone.There is no pie in the sky.You can do or spend whatever you want,but your foid is gone.Unless you have a really good contact in Springfield.Say JB ? Link to comment Share on other sites More sharing options...
Molly B. Posted December 16, 2019 at 02:15 PM Share Posted December 16, 2019 at 02:15 PM This is not entirely true. It is only in the case of the domestic battery. Otherwise, there is the appeal and court process. Received a message just last night from a member whose Foid has been reinstated. Link to comment Share on other sites More sharing options...
Jeffrey Posted December 16, 2019 at 04:12 PM Share Posted December 16, 2019 at 04:12 PM I don't understand how the state can change the charge after all this time?When looking at Kim Foxx's actions pertaining to dropping so many charges so often, it is a bit suspect that a number of otherwise legal gun owners are suddenly being recharged with harsher penalty simply for being a legal gun owner. Link to comment Share on other sites More sharing options...
Molly B. Posted December 16, 2019 at 04:51 PM Share Posted December 16, 2019 at 04:51 PM This is what these revocations are based on. The current revocations are happening when the battery convictions show up in the background check for an application or renewal of FOID/CCL.https://www.justice.gov/jm/criminal-resource-manual-1117-restrictions-possession-firearms-individuals-convictedQualifying Offenses: As enacted the statute defines "misdemeanor crime of domestic violence" (MCDV) as any state or federal misdemeanor that -"has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim." This definition includes all misdemeanors that involve the use or attempted use of physical force (e.g., simple assault, assault and battery), if the offense is committed by one of the defined parties. This is true whether or not the statute specifically defines the offense as a domestic violence misdemeanor. For example, a person convicted of misdemeanor assault against his or her spouse would be prohibited from receiving or possessing firearms. It is anticipated that this issue will be subject to litigation. In the event of such litigation, the Terrorism and Violent Crime Section should be notified so that assistance can be provided. Date of Previous Conviction: The prohibition applies to persons convicted of such misdemeanors at any time, even if the conviction occurred prior to the new law's effective date, September 30, 1996. See United States v. Brady, 26 F.3d 282 (2d Cir.), cert. denied, 115 S.Ct. 246 (1994)(denying ex post facto challenge to a 922(g)(1) conviction) and United States v. Waters, 23 F.3d 29 (2d Cir. 1994)(ex post facto based challenge to a 922(g)(4) conviction). Limitations on Previous Convictions -- 18 U.S.C. § 921(a)(33)(B]. To qualify:(1) at the time of previous conviction, the defendant must have been represented by counsel, or knowingly and intelligently waived the right to counsel;(2) if the offense of previous conviction entitled the person to a jury trial in the jurisdiction in which the case was tried, either the case was tried by a jury, or the person knowingly and intelligently waived the right to have the case tried by a jury, by guilty plea or otherwise; and (3) the conviction can not have been expunged or set aside, or be an offense for which the person has been pardoned or has had civil rights restored (if the law of the applicable jurisdiction provides for the loss of civil rights under such an offense) unless the pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms. The issue of restoration of civil rights must be carefully researched for each potential defendant. For example, in some states a person automatically loses his/her civil rights upon the execution of a sentence of imprisonment (felony or misdemeanor) only to have the rights restored upon the defendant's release from prison or sentence. However, in those states, a person who does not serve a sentence of imprisonment may not lose their civil rights and, therefor, this limitation may not be applicable. But, in United States v. Indelicato, 97 F.3d 627 (1st Cir. 1996), the Court held that in at least some instances if one group of felons may possess a firearm because their rights were automatically taken away and then restored then those who do not have their rights taken away may also possess a firearm. The Terrorism and Violent Crime Section can provide assistance in analyzing particular cases. Link to comment Share on other sites More sharing options...
Bitter Clinger Posted December 18, 2019 at 12:37 PM Share Posted December 18, 2019 at 12:37 PM Wouldn't this be considered an ex post facto law?You're perfectly legal one day, then they create this law which instantly makes you a criminal. Then they come to take away your civil rights and confiscate your legally owned property without due process. Are we living in China now? Link to comment Share on other sites More sharing options...
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now