For those who were rejected / denied and need help

[xxxlaw]

Given the inadequacy of the remedy under the administrative review law, it makes sense to also file counts alleging that the procedure denies applicants of their right to due process of law. I have filed for a client in both state and federal court. Under the state-provided administrative review, the judge in a state court administrative review complaint is limited to reviewing the record made by the Board and assessing whether their decision, based on what they saw, was an error. That does not include your side of the issue, only the objector's, and any other evidence the Board might have obtained on its own. The state judge in administrative review does not have the ability to give you a hearing to provide your own evidence. That's why the ARL remedy provided for in the Concealed Carry Act is, in my opinion, a violation of your right to due process of law. The federal civil rights remedy is NOT limited to any 35 day period.

[1700715]

If denied by ISP. You must appeal to them and there is no time limit when it comes to getting a response in the law. They can make you wait months or even a year or longer to respond. This is also a violation of due process. They could respond say 6 months later and the response may state, you are still denied. Then you must move on to the next step in the appeals process which may take another 6 months or more by presenting your case in front of an ALJ. If they still deny you then you can finally petition the circuit court and wait another 4 months to get a court date. It needs to be addressed that all appeals both of the CCLRB and ISP violate the due process guaranteed to each and every applicant by the 14th Amendment should they be denied.

[xxxlaw]

Well, actually if you are denied because of decision of the Board that you are a dangerous person, there is no appeal to the Illinois State Police. In that case, as the rejection letter says, your only redress is in court. The Illinois Administrative Review Law comes nowhere close to providing a fair hearing. You cannot re-open the hearing in a concealed carry case and introduce any evidence at all. The judge is limited to the record of the secret hearing by the the Board. That's the most important reason we've filed in federal court under the Civil Right Act. No one gets a fair hearing - ever - under this law. The ARL action is a fool's errand. While I recommend to those who call me that they file an ARL action in the Circuit Court, I always add that the best odds for victory is a constiutional challenge. Obviously, this is not posted as legal advice to anyone, and reading it does not make you my client. It is posted for public eductation only.

[lockman]

This in itself should be wise advice to all, Attorneys do not play attorneys on the internet so any internet legal advice is suspect on its face.

[4ts&w]

 

 

It is possible i am told, to be under review-- being processed. Then kicked to the board, so you go under board review, then they lookmat it and kick it back to go back under review as being processed

SO if you were under review, then board review, then back to under review, that would mean you made it past the LEO objection? Also, any indication on delay length if any of ccl issuance because of the board review?

 

According to the law, once the LEO objects they have 10 days to submit supporting documents. Then the Board has 30 days to make a decision. In my estimation your 90 days became 130 and your 120 became 150 days.

 

This is almost exactly my case. I'm 128 days in right now, and my status changed to "Active" this morning.. I went through "under review" to "under board review" for 28 days, back to "under review" yesterday, to "active" this morning. I'll still feel better when the permit is in hand though..

[Sysco70]

So do we no when the first case is yet Molly ??? This is what we need to no and show up there and see and hear the out come so that we are all well informed on what we need to do for our cases that way these blood sucking lawyers won't rip us off !

[Molly B.]

So far we know of one case that was postponed because the summons were not served properly. We know of one that is set for third hearing because the ISP did not show up or respond to the first two hearings. Word is that the judge says if they don't show up this time, he is issuing an order to issue the CCL . . . we'll see.

[cnwfan3]

Wow, I can't believe that the ISP just did not show up. At least that is good news that they will issue the CCL if they don't show up for the third time. That gives the rest of us hope. Keep us posted.

Edited May 16, 2014 at 03:17 AM by cnwfan3

[WCD]

Is there a mod I can private message about a coworker's denial strictly due to her being a victim of identity fraud?

[Molly B.]

Is there a mod I can private message about a coworker's denial strictly due to her being a victim of identity fraud?

 

 

Email me at VRowe (at) IllinoisCarry.com

[solareclipse2]

So far we know of one case that was postponed because the summons were not served properly. We know of one that is set for third hearing because the ISP did not show up or respond to the first two hearings. Word is that the judge says if they don't show up this time, he is issuing an order to issue the CCL . . . we'll see.

 

Just curious, what was the outcome of this one?

[WCD]

 

Is there a mod I can private message about a coworker's denial strictly due to her being a victim of identity fraud?

 

 

Email me at VRowe (at) IllinoisCarry.com

 

Email sent, & thank you.

[webmarketingmaster]

My 2 cents:

1- Applied Jan 8, 2014

2- Noticed March 1st website said DENIED

3- Called 10 times over 2 weeks before I got a call back.

4- Someone from the FOID Eligibility Dept told me that there was an ERROR made when processing my background check and it was entered into the system as POSITIVE/FELON and this was an ERROR. I am NOT a felon. The person that called from the Eligibility Dept said she updated my file and attached documentation explaining the ERROR that was made.

5- Because of the ERROR by the ISP, my CCL was DENIED so I was told that I needed to submit an Administrative APPEAL.

6- When my DENIAL letter showed up (Mid March) it listed 2 reasons. Invalid FOID Card. It listed the same reason twice.

7- My APPEAL was received in writing to the ISP on March 20th, 2014.

8- I have called them an easy 25 times over the last 6 months and they tell me NOTHING and do NOTHING.

9- My online account turned to Appeal Under Review in July.

10- Its now September 6th and nothing from the ISP. No call, no email, no letter. Nothing!

Maybe one of the good guy law firms needs to start a Class Action Lawsuit. Id sign onto it!

The ISP is either:

- Totally Incompetent

- Politically motivated to WITHHOLD as many CCL licenses as possible.

- Or there is some underlying reason why some of us have been singled out and kept in the dark about why they dont want us to have a CCL license.

What does everyone else think??????

[Dr. Rat]

Do you have a valid FOID?

[webmarketingmaster]

Do you have a valid FOID?

 

I do indeed have a valid FOID card and have had one for 11 years.

[donbruno]

webmarketingmaster, i am in a similar situation. they didn't botch up my application like that, but it's taking such a long time to clear up a simple problem. i now try calling and it's impossible to get through because their mailboxes are full.

[webmarketingmaster]

webmarketingmaster, i am in a similar situation. they didn't botch up my application like that, but it's taking such a long time to clear up a simple problem. i now try calling and it's impossible to get through because their mailboxes are full.

 

I have called over 25 times in the last 6+ months and at this time you cannot get someone from the Administrative Appeals Dept on the phone and the VM box is normally full. I did have someone from that dept call me back in mid April, and all he said was that my appeal was received. I had his phone number and did call him back a few times and he did pick up the phone. He stopped picking up the phone in June.

 

I just hired a lawyer to deal with this for me. He told me that he has taken care of a few similar situations already so Im hoping he can get them to take a look at the error they made and approve my appeal.

[1700715]

 

webmarketingmaster, i am in a similar situation. they didn't botch up my application like that, but it's taking such a long time to clear up a simple problem. i now try calling and it's impossible to get through because their mailboxes are full.

 

 

 

I have called over 25 times in the last 6+ months and at this time you cannot get someone from the Administrative Appeals Dept on the phone and the VM box is normally full. I did have someone from that dept call me back in mid April, and all he said was that my appeal was received. I had his phone number and did call him back a few times and he did pick up the phone. He stopped picking up the phone in June.

 

I just hired a lawyer to deal with this for me. He told me that he has taken care of a few similar situations already so Im hoping he can get them to take a look at the error they made and approve my appeal.

unfortunately, this is how the firearms services Bureau operates in this State. You are probably in for more months of waiting as there is no time limit described in the law when it comes to appeals to the ISP. I would suggest calling your State Rep as well as your Senator & complain . These are the law enforcement officials the those we have elected in this state have put in these positions they do as they please and they have no respect for your Constitutional right to bear arms as well as your right to due process. Until the people of this State elect officials that respect that all people should be treated fairly under the law instead of one set of rules for them and one set of rules for you and me sadly , the charade will continue. Respond by voting accordingly.

[dizzydom]

Team,

 

 

I was remanded back to the CCLRB after my apeal and received my letter today...to summarize....Elmhurst PD submitted an objection due to five arrests in the last seven years...I bee-lined it to Elmhurst PD to discover....they consider traffic violations the same as arrests....stunned....I asked how can that possibly equate to a danger to myself or others....the reply....the ISP considers them one and the same for CCL purposes. I now have eight days to appeal and what do I do...jsut summarize that these are traffic citations on the website....can I appear in person? Not sure what my next step is....help!!

[firepiper]

Dizzy, go to the members section here and send private messages to tvandermyde and molly brown...

[Ssrkid86]

Dizzy, I opted to submit the police report in question in PDF format as part of my response. This way it is considered as evidence should I be denied again and have to go back to court. I'd do the same in your instance. Simply state your case from there and hope for the best. Unfortunately we are on an unfair time line and with minimal knowledge as to how to proceed. Anything that could help your case in front of a judge, now is the time to submit it. Once you go back to court, I do not believe you can submit further evidence on your behalf. Simply the judge is making a ruling that the CCLRB reached the appropriate decision based on what they had.

[InterestedBystander]

Dizzy, go to the members section here and send private messages to tvandermyde and molly brown...

 

Note that Todd doesn't do PM's and you would have to send him an e-mail.

[Molly B.]

Team,

 

 

I was remanded back to the CCLRB after my apeal and received my letter today...to summarize....Elmhurst PD submitted an objection due to five arrests in the last seven years...I bee-lined it to Elmhurst PD to discover....they consider traffic violations the same as arrests....stunned....I asked how can that possibly equate to a danger to myself or others....the reply....the ISP considers them one and the same for CCL purposes. I now have eight days to appeal and what do I do...jsut summarize that these are traffic citations on the website....can I appear in person? Not sure what my next step is....help!!

 

Please check for email message from me.

[solareclipse2]

I bee-lined it to Elmhurst PD to discover....they consider traffic violations the same as arrests....stunned....I asked how can that possibly equate to a danger to myself or others....the reply....the ISP considers them one and the same for CCL purposes.

 

Holy cow! that can't be right, can it?

[Glock23]

 

I bee-lined it to Elmhurst PD to discover....they consider traffic violations the same as arrests....stunned....I asked how can that possibly equate to a danger to myself or others....the reply....the ISP considers them one and the same for CCL purposes.

 

 

 

Holy cow! that can't be right, can it?

Yes, which is why we've said since the very beginning that objections/denials should be based on convictions, not arrests. Traffic/speeding tickets were specifically mentioned in thise discussions, as they "technically" count as an arrest.

 

That being said, local PDs should not be objecting based on any of the statutory requirements... the ISP will look at those.

 

This is also another perfect example of proof that the review board is doing zero research into objections.

 

Edited September 25, 2014 at 01:21 PM by Glock23

[Captdigb]

I have a question on appealing foid card denial . I was denied because of a conviction that was reversed on appeal and got a acquittal. So now I have no convictions or any other reason for denial. On the back of appeal paper is a blanket waiver of liability allowing them to anything they want from my private records. Do I need to sign this for a record correction. They already can access criminal records. It seems like a invasion of privacy of a law abiding citizen just to get my rights back that never should have been taken in first place. If I'm providing certified court copies I don't see the purpose of such a invasion.