Felony question on CCL application?

[SDF678]

I have a question for anyone that has recently applied for their CCL.

 

Does the online application ask if you have ever been convicted of a felony?

 

According to the ISP website section for eligibility rules for an IL CCL there is no mention of felony convictions. There is mention about certain misdemeanor crimes.

[soundguy]

To get a CCL you must have an FOID if you are a resident.

 

From the FOID section:

• I have not been convicted of any Felony under the laws of this or any other jurisdiction.
• I have not been adjudicated as a mental defective.
• I have not been a patient in a mental institution or any part of a medical facility for the treatment of mental illness within the past 5 years.
• I am not intellectually disabled or developmentally disabled.
• I have not within the past year (preceding the date of this application) used or been addicted to any controlled substance or narcotics in violation of state or federal law.
• I am not subject of an existing Order of Protection or a No Contact/No Stalking Order.
• I have not within the past 5 years been convicted of battery, assault, aggravated assault, violation of an order of protection, or a substantially similar offense in which a firearm was used or possessed.
• I have not been convicted of domestic battery (felony or misdemeanor), aggravated domestic battery or a substantially similar offense.
• I have not been adjudicated by a court as a mental defective or ordered by a court, board or authorized entity to in-patient or out-patient mental health treatment.
• I am not an alien who is unlawfully present in the United States.
• I have not within the past year failed a drug test for a drug for which I did not have a prescription.
• I have not been admitted to the United States under a non-immigrant visa of the Immigration and Nationality Act.

[SDF678]

You are reading to much into my question.

 

I know all about the FOID requirements.

 

What I am asking is for someone that has recently applied online for the CCL if the CCL application has any questions regarding a felony.

[soundguy]

I believe the answer is yes.

In this PDF guide at ISP, it is the first question in the Criminal History section.

You will find it on page 17/26 in the PDF.

[spec5]

The answer is in item 2 below. You can't process a FOID if you have a felony!!!!

 

The Firearm Concealed Carry Act of Illinois regulates which individuals may apply for a Concealed Carry License. A person is ineligible for a Concealed Carry Permit if any of the following are true:

 

1. The person is under the age of 21;

2. They do not possess a valid Firearm Owners identification Card (FOID card) at the time of the application, and they are prohibited from possessing a valid FOID card under the Firearm Owners Identification Card Act or federal law;

3. The person has been convicted or found guilty of a misdemeanor involving the threat of physical force or violence to any person within the past five years;

4. The person has had two or more violations related to driving while under the influence of alcohol, other drugs, intoxicating compounds within the past 5 years;

5. The person is subject to a pending arrest warrant, prosecution or proceeding for an offense or action that could lead to disqualification to own or possess a firearm;

6. The person has been in a residential or court-ordered treatment for alcoholism, alcohol detoxification, or drug treatment within the past 5 years; or

7. The person has not completed firearms training and any educational component as required by the Illinois Firearm Concealed Carry Act.

Read the FOID requirements in below link.

https://www.ispfsb.com/Public/FOID.aspx

[SDF678]

Thank you for posting that link.

 

That does indeed answer my question.

[soundguy]

The answer is in item 2 below. You can't process a FOID if you have a felony!!!!

 

The Firearm Concealed Carry Act of Illinois regulates which individuals may apply for a Concealed Carry License. A person is ineligible for a Concealed Carry Permit if any of the following are true:

 

1. The person is under the age of 21;

2. They do not possess a valid Firearm Owner’s identification Card (“FOID card”) at the time of the application, and they are prohibited from possessing a valid FOID card under the Firearm Owners Identification Card Act or federal law;

 

spec5... You may be reading too much into his/her question...

[soundguy]

Thank you for posting that link.

 

That does indeed answer my question.

 

Pleased to have been of service!

[SDF678]

I guess I am beating around the bush with this issue.

 

My issue is what if you have been convicted of a felony but petitioned the ISP for relief and was indeed granted relief from firearms prohibition.

 

You get a nice letter from the ISP that in part states "By virtue of this decision, your firearm rights have been fully restored."

 

FOID card in hand.

 

Yes, still convicted of a felony. Yes, record is only sealed not expunged or received a pardon but rights have been fully restored.

 

How should that question be answered?

[soundguy]

You might reach out here to MollyB for an answer.

Perhaps she will chime in?

 

I think this question has come up here before... I don't recall the answer.

 

Good luck!

[SDF678]

I am certainly not going to lie. The laws concerning how to answer seem vague. I have asked a couple attorneys and gotten a couple different answers. When you have a felony conviction Sealed by a court you are allowed by law to answer "no" on a job application asking the felony question. I have actually passed multiple background checks recently for new employment.

 

Now not only is the record Sealed but I have been granted a restoration of rights. Can I legally answer no? I want to do the right thing, the legal thing but if I can avoid any delays that would certainly be nice.

[spec5]

 

The answer is in item 2 below. You can't process a FOID if you have a felony!!!!

The Firearm Concealed Carry Act of Illinois regulates which individuals may apply for a Concealed Carry License. A person is ineligible for a Concealed Carry Permit if any of the following are true:

1. The person is under the age of 21;

2. They do not possess a valid Firearm Owner’s identification Card (“FOID card”) at the time of the application, and they are prohibited from possessing a valid FOID card under the Firearm Owners Identification Card Act or federal law;

 

spec5... You may be reading too much into his/her question...

[Molly B.]

I am certainly not going to lie. The laws concerning how to answer seem vague. I have asked a couple attorneys and gotten a couple different answers. When you have a felony conviction Sealed by a court you are allowed by law to answer "no" on a job application asking the felony question. I have actually passed multiple background checks recently for new employment.

 

Now not only is the record Sealed but I have been granted a restoration of rights. Can I legally answer no? I want to do the right thing, the legal thing but if I can avoid any delays that would certainly be nice.

 

 

I will ask.