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FOID revoked for illegal consumption


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#1 Jack1911

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Posted 15 August 2019 - 08:59 AM

My 20 year old nephew was arrested for illegal consumption of alcohol by a minor. He plead guilty on 10/29/2018 and received 3 months of supervision.  Yesterday (08/14/2019) He received a FOID revocation letter in the mail.  

We had no clue he was going to lose his FOID card as a result of this.   Not to mention it took 10 months for the IL state police to mail him this notice.

Does anyone know when he is eligible to get it back?   He is now 21, and supervision was completed in January.

Appreciate any insight anyone might have.



#2 Molly B.

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Posted 15 August 2019 - 09:06 AM

In a lot of courts, terms of supervision just automatically include the restriction on being in possession of firearms.  He needs to submit a Request for Review.  See attached form.  If probation is the wrong term, strike it out and write in 'supervision'

 

Attached File  FOID Review Form IC-probation restriction dismissed (002).pdf   232.35KB   18 downloads

 

Attach a certified copy of the final disposition showing he successfully completed supervision.  Mail to address on the form using a mail service that will provide a signed receipt of delivery, also FAX to the number on the form.

 

Please keep us posted on his progress in getting his FOID reinstated.

Attached Files


"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 Jack1911

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Posted 15 August 2019 - 09:15 AM

Sincerely appreciate your guidance!!!

Will be doing this ASAP.



#4 Sweeper13

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Posted 15 August 2019 - 09:17 AM

WOW..That's crazy. Good know Molly , if friends or family ever get involved in something like this.



#5 2A4Cook

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Posted 15 August 2019 - 09:44 AM

For a misdemeanor? ISP is out of control!

#6 steveTA84

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Posted 15 August 2019 - 10:17 AM

If he’s still on supervision, that’s why he’s FOID was revoked. If he’s no longer on it, then ISP dropped the ball (way late in sending a notice) and it needs to be fought


Happened to me when I was 20 as well. Had to wait till everything was cleared up to get it back

#7 Molly B.

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Posted 15 August 2019 - 10:35 AM

For a misdemeanor? ISP is out of control!

For a misdemeanor? ISP is out of control!


The courts are ordering it and sending notice to ISP.
"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 Euler

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Posted 15 August 2019 - 11:22 AM

For a misdemeanor? ISP is out of control!


The courts are ordering it and sending notice to ISP.


My understanding is that "court" supervision is administered by a parole board. The parole board requests suspension of the FOID pro forma, because it just wants to apply the same conditions to everything, no matter what the charges. The court just signs off whatever the parole board asks, but the court could amend the conditions, too
The welfare of the people in particular has always been the alibi of tyrants, and it provides the further advantage of giving the servants of tyranny a good conscience.

- Albert Camus, Resistance, Rebellion, and Death, 1960.


#9 yurimodin

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Posted 15 August 2019 - 01:08 PM

I had 6 month court supervision for an excessive speeding ticket about 15 years ago (I was being really young and dumb) and this did not happen to me. I was not arrested tho.



#10 wolfcreek

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Posted 16 August 2019 - 07:35 AM

I may have missed something,but has anyone had a successful appeal for anything lately ? ISP s aim is to obtain FOID cards.Not  grant them on appeal.Im sure the gov has put the word out to sand bag the issue.In our current inviroment this will only get worse.



#11 Molly B.

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Posted 16 August 2019 - 07:49 AM

I may have missed something,but has anyone had a successful appeal for anything lately ?

 

 

Yes, I  have.


"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 2A4Cook

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Posted 16 August 2019 - 04:30 PM

For a misdemeanor? ISP is out of control!

For a misdemeanor? ISP is out of control!


The courts are ordering it and sending notice to ISP.

So, without any notice to defendant, the courts are depriving them of their constitutional rights as a result of getting supervision on a non-violent misdemeanor? Not that notice would somehow render it constitutional anyway. God,please, somebody sue over this!

#13 Euler

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Posted 16 August 2019 - 05:06 PM

So, without any notice to defendant, the courts are depriving them of their constitutional rights as a result of getting supervision on a non-violent misdemeanor? Not that notice would somehow render it constitutional anyway. God,please, somebody sue over this!


Court supervision is part of a plea agreement. The defendant has to agree to it. Defendants who do not plead guilty are not eligible for court supervision.

Read the plea agreement and get your lawyer to move to amend it before you sign it.

Disclaimer: I've never had to go through it myself.
The welfare of the people in particular has always been the alibi of tyrants, and it provides the further advantage of giving the servants of tyranny a good conscience.

- Albert Camus, Resistance, Rebellion, and Death, 1960.





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