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Not getting FOID approval by 30-day deadline

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#1 Jamie

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Posted 07 February 2019 - 10:02 AM

Well, ISP is taking it right up to the 30-day deadline for my FOID application (new, not a renewal). That got me wondering -- what happens if they go another four days without taking action?  Is there relief available?  Has anyone experienced this and taken them to court or applied for other relief?



#2 Craigcelia

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Posted 07 February 2019 - 10:11 AM

That isn't bad.  Years ago they were taking up to 6 months.  Chalk it up to our great state bureaucracy.


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#3 POAT54

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Posted 07 February 2019 - 10:12 AM

January 1, 2019 the law took effect, the state police have 60 days to process the application or renew of a FOID card.


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#4 Jamie

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Posted 07 February 2019 - 10:18 AM

For crying out loud. Wait two months for your Constitutionally-protected rights. How has this survived judicial scrutiny?



#5 tbrooks

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Posted 07 February 2019 - 10:55 AM

Read up on the posts in this forum.



#6 BigJim

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Posted 07 February 2019 - 02:13 PM

Wait until the requirement for the ISP to review all your social media prior to issuing you a FOID becomes law.  It'll take a year for the ISP to scour everyone's social media.


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#7 Molly B.

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Posted 09 February 2019 - 04:35 PM

January 1, 2019 the law took effect, the state police have 60 days to process the application or renew of a FOID card.

 

New applications must be processed in 30 days. "Renewal applications shall be approved or denied within 60 business days"


"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 Nod

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Posted 09 February 2019 - 04:55 PM

I just posted about this a week ago. It took 44 days to get my FOID renewed. Just got it in the mail yesterday. About a week after it showed it active online.



#9 Gamma

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Posted 09 February 2019 - 10:35 PM

My recent renewal took well over 30 days and even went 1 day over the expiration date. Card went active the day after.


Illinois' FCCA is a prime example of the maxim that sufficiently advanced incompetence is indistinguishable from malice.

#10 Aloving1

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Posted 09 February 2019 - 10:52 PM

I applied for my foid on 1/10/2019 and it still shows under review even tho for 2 weeks it says approved when I use the inspect element. I can’t even get through to isp on the phone, idk what’s going on; any idea? I’m in crook county

#11 Molly B.

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Posted 10 February 2019 - 08:23 AM

I applied for my foid on 1/10/2019 and it still shows under review even tho for 2 weeks it says approved when I use the inspect element. I can’t even get through to isp on the phone, idk what’s going on; any idea? I’m in crook county

 

They are overwhelmed with renewals and new applications, an antiquated phone system that is mostly fails, and understaffed.


"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 BigJim

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Posted 10 February 2019 - 08:58 AM

What happens if you apply to renew before your expiration date and they don't get you processed before your expiration date? Can they pull your FCCL? Sent from my SM-G955U using Tapatalk
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#13 HDUC10

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Posted 10 February 2019 - 08:59 AM

What happens if you apply to renew before your expiration date and they don't get you processed before your expiration date? Can they pull your FCCL? Sent from my SM-G955U using Tapatalk

 

Your CCL remains valid after the printed expiration date if you applied for renewal before that date.


Edited by HDUC10, 10 February 2019 - 09:00 AM.


#14 InterestedBystander

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Posted 10 February 2019 - 09:23 AM

I applied for my foid on 1/10/2019 and it still shows under review even tho for 2 weeks it says approved when I use the inspect element. I can’t even get through to isp on the phone, idk what’s going on; any idea? I’m in crook county

 
They are overwhelmed with renewals and new applications, an antiquated phone system that is mostly fails, and understaffed.
They realize this is a problem, right?

Are they trying or planning to address it? Its been going on way too long, not to mention application issues e.g not using mobile devices on an app outsourced.

With all the FOID and CCL fees going into the FSB funds, they arent claiming a $$$$$$ shortage are they?
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#15 mab22

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Posted 10 February 2019 - 09:40 AM

For crying out loud. Wait two months for your Constitutionally-protected rights. How has this survived judicial scrutiny?


I’m still trying to find out if any “Illinois residents” have challenged this. My guess is that it has not recently. We have a federal NICS system in place now so that shouldn’t be an excuse.
Void the FOID!

#16 mab22

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Posted 10 February 2019 - 09:59 AM

I forgot to add, welcome to illi crap istania
Void the FOID!

#17 DUKSRUS

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Posted 10 February 2019 - 11:06 AM

Renewal 1-2-19

 

Active     2-7-19

 

Have not yet gotten new card in mail I would think it would be this week.  Also renewed CCL on 12-29-18 still under review



#18 Molly B.

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Posted 10 February 2019 - 04:35 PM

 

They realize this is a problem, right?

Are they trying or planning to address it? Its been going on way too long, not to mention application issues e.g not using mobile devices on an app outsourced.

With all the FOID and CCL fees going into the FSB funds, they arent claiming a $$$$$$ shortage are they?

 

 

I have not heard anyone claim a $$$ shortage.  Manpower is the issue.  It takes months to  train employees for the Firearm Services Bureau and requires a boatload of overtime.  By the time someone has been trained, they have already accepted a position in a different branch or department.  Vicious cycle.


"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

#19 Buzzard

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Posted 10 February 2019 - 06:04 PM

 

I applied for my foid on 1/10/2019 and it still shows under review even tho for 2 weeks it says approved when I use the inspect element. I can’t even get through to isp on the phone, idk what’s going on; any idea? I’m in crook county

 

They are overwhelmed with renewals and new applications, an antiquated phone system that is mostly fails, and understaffed.

 

 

Well then we better be overwhelmed at the IGOLD sign-in tables at Springfield this year!!



#20 Hatchet

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Posted 11 February 2019 - 10:44 AM

Edit: Abolt posted correct stat below. Delete.


Edited by Hatchet, 12 February 2019 - 02:00 PM.

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#21 Jamie

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Posted 12 February 2019 - 09:02 AM

I don't really care about FSB's manpower problems. ISP is mandated to make this deadline and fails to do so. They could issue temporary FOIDs as they complete the check, streamline the process, contract it out, or any of dozens of possibilities to meet the deadline.

 

If this were about something minor we could let it slide, but this is -- as others have no doubt ranted before -- and infringement on a Constitutional right.  I've got a squeaky clean background, high-level clearance, etc. Perfect for a lawsuit to challenge this nonsense.



#22 HDUC10

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Posted 12 February 2019 - 09:15 AM

 

 

What happens if you apply to renew before your expiration date and they don't get you processed before your expiration date? Can they pull your FCCL? Sent from my SM-G955U using Tapatalk

 

Your CCL remains valid after the printed expiration date if you applied for renewal before that date.

 

I think he was talking about your FOID. If your FOID expires while you are waiting for the FOID to be renewed. Would your CCL be pulled for not having an active FOID. My first thought would be yes they would pull your CCL since you have no active FOID.

 

 

As I understand, if your FOID expired, your CCL is now invalid, and you are now a criminal if you possess firearms.  So my questions is, does your FOID remain valid past the expiration date if you've renewed and are eligible?  I'll have to do some looking....


Edited by HDUC10, 12 February 2019 - 09:16 AM.


#23 mab22

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Posted 12 February 2019 - 10:08 AM

I don't really care about FSB's manpower problems. ISP is mandated to make this deadline and fails to do so. They could issue temporary FOIDs as they complete the check, streamline the process, contract it out, or any of dozens of possibilities to meet the deadline.
 
If this were about something minor we could let it slide, but this is -- as others have no doubt ranted before -- and infringement on a Constitutional right.  I've got a squeaky clean background, high-level clearance, etc. Perfect for a lawsuit to challenge this nonsense.


Or we could get rid of Illinois FOID and rely on the Federal checks in place, and the problem would be solved.

We have a federal system in place that does what the FOID check was supposed to do 30+ years ago, technology has advanced. The NICS system has been in place since 1998.

I don’t know why this has not been challenged since NICS was up and running 1998.

Eliminating FOID would free up ISP resources, and the state would no longer be infringing or abridging citizens rights, and not making people instant felons when their cards expire or get lost, etc.
Void the FOID!

#24 BigJim

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Posted 12 February 2019 - 10:25 AM

 

I think he was talking about your FOID. If your FOID expires while you are waiting for the FOID to be renewed. Would your CCL be pulled for not having an active FOID. My first thought would be yes they would pull your CCL since you have no active FOID.


What happens if you apply to renew before your expiration date and they don't get you processed before your expiration date? Can they pull your FCCL? Sent from my SM-G955U using Tapatalk

 

Your CCL remains valid after the printed expiration date if you applied for renewal before that date.

 

 

 

As I understand, if your FOID expired, your CCL is now invalid, and you are now a criminal if you possess firearms.  So my questions is, does your FOID remain valid past the expiration date if you've renewed and are eligible?  I'll have to do some looking....

 

THIS ^^^  My FOID expires this summer.  What happens to my FCCL if ISP fails to issue a new FOID before my current FOID expires?  I shouldn't have to pay the ISP 3 or 4 months in advance to insure they meet the deadline imposed on them by state law.


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

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#25 HDUC10

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Posted 12 February 2019 - 10:48 AM

My real point is, without a valid FOID (renewal applied but expired), never-mind having or not having a CCL, you no longer can possess firearms.  I think you're a criminal at that point.  That's a problem.  I see the new law for this year giving the ISP 60 days to process a renewal.  Have any gone longer than 60 days for a FOID renewal?



#26 abolt243

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Posted 12 February 2019 - 10:57 AM

Yes, if you apply for renewal of your FOID prior to it's expiration date, and you are not subject to revocation.  So, it remains valid, your FCCL is also valid.  The law:

 

( b.  Renewal applications shall be approved or denied within 60 business days, provided the applicant submitted his or her renewal application prior to the expiration of his or her Firearm Owner's Identification Card. If a renewal application has been submitted prior to the expiration date of the applicant's Firearm Owner's Identification Card, the Firearm Owner's Identification Card shall remain valid while the Department processes the application, unless the person is subject to or becomes subject to revocation under this Act. The cost for a renewal application shall be $10 which shall be deposited into the State Police Firearm Services Fund. 
(Source: P.A. 100-906, eff. 1-1-19.)


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#27 HDUC10

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Posted 12 February 2019 - 11:06 AM

Yes, if you apply for renewal of your FOID prior to it's expiration date, and you are not subject to revocation.  So, it remains valid, your FCCL is also valid.  The law:

 

( b.  Renewal applications shall be approved or denied within 60 business days, provided the applicant submitted his or her renewal application prior to the expiration of his or her Firearm Owner's Identification Card. If a renewal application has been submitted prior to the expiration date of the applicant's Firearm Owner's Identification Card, the Firearm Owner's Identification Card shall remain valid while the Department processes the application, unless the person is subject to or becomes subject to revocation under this Act. The cost for a renewal application shall be $10 which shall be deposited into the State Police Firearm Services Fund. 
(Source: P.A. 100-906, eff. 1-1-19.)

 

Thanks for the update!  (Should have researched myself before posting ...)



#28 RacerDave6

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Posted 12 February 2019 - 11:28 AM

I don't really care about FSB's manpower problems. ISP is mandated to make this deadline and fails to do so. They could issue temporary FOIDs as they complete the check, streamline the process, contract it out, or any of dozens of possibilities to meet the deadline.
 
If this were about something minor we could let it slide, but this is -- as others have no doubt ranted before -- and infringement on a Constitutional right.  I've got a squeaky clean background, high-level clearance, etc. Perfect for a lawsuit to challenge this nonsense.

This^^
It's not our fault ISP cannot fulfill the duties mandated by law they perform. If they are unable to follow the law it should be repealed.
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#29 Hatchet

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Posted 12 February 2019 - 11:30 AM

I don't really care about FSB's manpower problems. ISP is mandated to make this deadline and fails to do so. They could issue temporary FOIDs as they complete the check, streamline the process, contract it out, or any of dozens of possibilities to meet the deadline.

 

If this were about something minor we could let it slide, but this is -- as others have no doubt ranted before -- and infringement on a Constitutional right.  I've got a squeaky clean background, high-level clearance, etc. Perfect for a lawsuit to challenge this nonsense.

I think some have tried. previously it was 30 days not its 60 days, you would have to wait to file suit till after the 60 day mark. The courts go so slow that when you finally get a date 4 months later, your FOID has been issued and the case is now moot. Now if an organization or lawyer was able to do file a class action based on infringement or undue stress by not getting your FOID in time, that would stick around and make it to court. No one wants to foot the bill for that court battle. So in the mean time, the ISP are in a position that they can disregard the time frame with out punishment.

 

A bill needs t be brought forward that if the ISP goes over said time frame, the card cost should be refunded to the person. This, in my own 2cents, would be the best way forward to ensure the time frame is met. But a bill like that wouldn't get anywhere in this state either.

 

rock-and-a-hard-place-resized-600.png

 

ETA: i was using renewal in my example instead of new applicant. Sorry about that. Got mixed up between and another convo i was having. Replace the 60 for renewal with 30 for new applicant and it still applies why no one has sued them over this law.


Edited by Hatchet, 12 February 2019 - 02:05 PM.

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#30 Molly B.

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Posted 12 February 2019 - 11:35 AM

 

Or we could get rid of Illinois FOID and rely on the Federal checks in place, and the problem would be solved. . .


 


It's not a lawsuit, it's an appeal of a judge's ruling but there is a challenge to the FOID card in the courts. Just waiting to see how the IL Supreme Court rules. I can't find any links to the case, I just know about it.


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