Jump to content


Photo

Won my foid card appeal in appellate court and still no card


  • Please log in to reply
74 replies to this topic

#61 chemical operator1

  • Members
  • 20 posts
  • Joined: 02-November 18

Posted 22 June 2019 - 12:22 PM

Sorry....I read further into the application and in the fine print it says this

 

"EXCEPTION: A person who has been convicted of a felony, or any other crime, for which the judge could have imprisoned the person for more than one year, or who has been convicted of a misdemeanor crime of domestic violence, is not prohibited from purchasing, receiving, or possessing a firearm if: (1) under the law of the jurisdiction where the conviction occurred, the person has been pardoned, the conviction has been expunged or set aside, or the person has had their civil rights (the right to vote, sit on a jury, and hold public office) taken away and later restored, AND (2) the person is not prohibited by the law of the jurisdiction where the conviction occurred from receiving or possessing firearms. Persons subject to this exception, or who receive relief from disabilities under 18 U.S.C. 925©, should answer "no" to the applicable question."


Edited by chemical operator1, 22 June 2019 - 12:24 PM.


#62 raymond963

    Member

  • Supporting Members Team
  • PipPipPipPip
  • 237 posts
  • Joined: 16-July 13

Posted 22 June 2019 - 12:22 PM

 

When a person fills out the 4473 the instructions clearly state that if you have had your firearm rights restored you are to answer "No" to the felony question.

When a person fills out the application for a CCL the felony question again is asked. This time there is no clear guidance on how to answer. This situation needs to be fixed.

Just looked up the form...it does NOT state what you said. its says on question 11c "Have you ever been convicted in any court of a felony, or any other crime for which the judge could have imprisoned you for more than one year, even if you received a shorter sentence including probation? "

 

But you also have to read the instructions, which are referenced directly after question 11c:

 

EXCEPTION: A person who has been convicted of a felony, or any other crime, for which the judge could have imprisoned the person for more than one year, or who has been convicted of a misdemeanor crime of domestic violence, is not prohibited from purchasing, receiving, or possessing a firearm if: (1) under the law of the jurisdiction where the conviction occurred, the person has been pardoned, the conviction has been expunged or set aside, or the person has had their civil rights (the right to vote, sit on a jury, and hold public office) taken away and later restored, AND (2) the person is not prohibited by the law of the jurisdiction where the conviction occurred from receiving or possessing firearms. Persons subject to this exception, or who receive relief from disabilities under 18 U.S.C. 925©, should answer "no" to the applicable question



#63 chemical operator1

  • Members
  • 20 posts
  • Joined: 02-November 18

Posted 22 June 2019 - 01:01 PM

Should have read into it further....Sorry. But what makes me nervous is that it says "(1) under the law of the jurisdiction where the conviction occurred, the person has been pardoned, the conviction has been expunged or set aside, or the person has had their civil rights (the right to vote, sit on a jury, and hold public office) taken away and later restored, AND (2) the person is not prohibited by the law of the jurisdiction where the conviction occurred from receiving or possessing firearms. Persons subject to this exception, or who receive relief from disabilities under 18 U.S.C. 925©, should answer "no" to the applicable question"

 

I was convicted in Will County. Now live in Kankakee County. Wonder if this would be an issue. My suit is now going to the Kankakee court system shortly and already assigned judge....or does the JURISDICTION mean the State or County??? From my interpretation it looks like State more than a county issue, because it says "pardoned" and you can only get a pardon from a Governor not a county.


Edited by chemical operator1, 22 June 2019 - 01:11 PM.


#64 raymond963

    Member

  • Supporting Members Team
  • PipPipPipPip
  • 237 posts
  • Joined: 16-July 13

Posted 23 June 2019 - 08:00 AM

I am not a lawyer but I would guess that in order for the conviction to be pardoned, expunged or set aside, or for the person's rights to otherwise be restored, it would have to be an action in that jurisdiction (city, county, whatever) or higher (district court, governor, whomever). Any of those would pertain directly to the law of the jurisdiction where the conviction occurred.



#65 SDF678

  • Members
  • 44 posts
  • Joined: 24-March 17

Posted 23 June 2019 - 08:03 AM

I received relief from my firearm prohibitor solely thru the ISP FSB. I never went to court. As a result of my appeal for a FOID I received a nice letter from the ISP FSB signed by Jessica Trame in part stating that my firearm rights have been restored. That and the fact that I then received a FOID card would seem to mean that I am no longer "prohibited by the law of the jurisdiction where the conviction occurred from receiving or possessing firearms"

It would seem to me that I meet both criteria (1) and (2).

I have filled out a few 4473 forms. Each time approval has been delayed but ultimately approved within 2 days. I have always answered "no" to the felony question per the instructions for answering the questions.

Not only do I have a FOID card but also a CCL card.

Something I am curious about is why some people are granted relief by the ISP FSB yet others end up in Circuit court. Type of felony, length of time since the felony or some other factor?

#66 chemical operator1

  • Members
  • 20 posts
  • Joined: 02-November 18

Posted 23 June 2019 - 05:15 PM

SDF678

How did you get relief from the ISP? I went to the State Police site and applied for a FOID via the internet and was denied, I did not see anywhere how to appeal to the director or such. I am curious how you went about it. I thought my only option was to get an attorney and spend the money...which I was reluctant but did any way. My Felony is a class 4 marijuana from 20 years ago...clean record since, maybe a speeding ticket here and there. I know what the ISP is, but whats FSB?? More info would be GREATLY appreciated.



#67 Molly B.

    IllinoisCarry spokesperson

  • Moderator
  • 15,999 posts
  • Joined: 18-April 05

Posted 23 June 2019 - 05:25 PM

The type of felony conviction determines whether the rights can be restored through the Illinois State Police firearms services bureau director or whether the applicant must appeal in circuit Court in the county where they live.
"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

#68 chemical operator1

  • Members
  • 20 posts
  • Joined: 02-November 18

Posted 23 June 2019 - 05:34 PM

Thanks for the response Molly. But once again when I applied and was denied there was nothing telling me how to go about an appeal. That is why I hired a lawyer. I do remember years ago calling the ISP and talking to a lady and giving her my story. She said that I most likely would be granted relief from the director. But I wanted to wait for the 20 yr mark. But once again did not know how to go about an appeal...not good info out there to do so.



#69 SDF678

  • Members
  • 44 posts
  • Joined: 24-March 17

Posted 23 June 2019 - 06:20 PM

I applied for a FOID card and as expected was denied. The IL State Police Firearms Services Bureau sent me a letter explaining that I first had to appeal with them. If they denied my appeal then if I chose I could appeal to the circuit court in the county that I received the felony. No need to go to court.

Now that I think about it I am pretty sure that if you had a drug related felony you had to go the circuit court route.

In any event I have my FOID and CCL. I think I remember you have your FOID. Now just work on your CCL and go buy some guns. I am trying to make up for over 20 years without a FOID.

#70 chemical operator1

  • Members
  • 20 posts
  • Joined: 02-November 18

Posted Yesterday, 06:06 AM

Were you denied a CCL the first time applying? I heard that they usually will, then after you appeal they will issue it. Any truth to this?



#71 Molly B.

    IllinoisCarry spokesperson

  • Moderator
  • 15,999 posts
  • Joined: 18-April 05

Posted Yesterday, 03:08 PM

Thanks for the response Molly. But once again when I applied and was denied there was nothing telling me how to go about an appeal. That is why I hired a lawyer. I do remember years ago calling the ISP and talking to a lady and giving her my story. She said that I most likely would be granted relief from the director. But I wanted to wait for the 20 yr mark. But once again did not know how to go about an appeal...not good info out there to do so

 

This is the statute that tells whether tthe appeal must be filed with ISP or circuit court. Only violent felonies must wait 20 years. Non-violent wait 10 years.

http://www.ilga.gov/...me=043000650K10

If filing with ISP, the appeal forms are found here:  https://www.ispfsb.com/Public/FAQ.aspx

at the bottom of the FOID FAQ list.


"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

#72 chemical operator1

  • Members
  • 20 posts
  • Joined: 02-November 18

Posted Yesterday, 03:59 PM

 

Thanks for the response Molly. But once again when I applied and was denied there was nothing telling me how to go about an appeal. That is why I hired a lawyer. I do remember years ago calling the ISP and talking to a lady and giving her my story. She said that I most likely would be granted relief from the director. But I wanted to wait for the 20 yr mark. But once again did not know how to go about an appeal...not good info out there to do so

 

This is the statute that tells whether tthe appeal must be filed with ISP or circuit court. Only violent felonies must wait 20 years. Non-violent wait 10 years.

http://www.ilga.gov/...me=043000650K10

If filing with ISP, the appeal forms are found here:  https://www.ispfsb.com/Public/FAQ.aspx

at the bottom of the FOID FAQ list.

 

Well I'll be....I wish I would have known, I could have had my FOID 10 yrs ago....Once again Molly B to the rescue. Not sure when my court date is but on the courts website it says the States Attorney filed for an extension. Called my lawyer to see whats what. He told me that they are using the time to run a full background check on me and possible anything else to see if I could be blocked.



#73 BigJim

    Member

  • Members
  • 3,806 posts
  • Joined: 30-June 08

Posted Yesterday, 05:24 PM


 


Thanks for the response Molly. But once again when I applied and was denied there was nothing telling me how to go about an appeal. That is why I hired a lawyer. I do remember years ago calling the ISP and talking to a lady and giving her my story. She said that I most likely would be granted relief from the director. But I wanted to wait for the 20 yr mark. But once again did not know how to go about an appeal...not good info out there to do so


 
This is the statute that tells whether tthe appeal must be filed with ISP or circuit court. Only violent felonies must wait 20 years. Non-violent wait 10 years.
http://www.ilga.gov/...me=043000650K10
If filing with ISP, the appeal forms are found here:  https://www.ispfsb.c...Q.aspx<br /> at the bottom of the FOID FAQ list.
 


Well I'll be....I wish I would have known, I could have had my FOID 10 yrs ago....Once again Molly B to the rescue. Not sure when my court date is but on the courts website it says the States Attorney filed for an extension. Called my lawyer to see whats what. He told me that they are using the time to run a full background check on me and possible anything else to see if I could be blocked.

They're stalling in hopes you will forget about it and give up.

Sent from my SM-G955U using Tapatalk


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

The Lost Boy - Greg Holden

#74 SDF678

  • Members
  • 44 posts
  • Joined: 24-March 17

Posted Yesterday, 08:31 PM

I was initially denied my CCL. Really, not sure what exactly was going on.

When applying for my CCL I answered "Yes" when asked if I had ever been convicted of a felony. Unlike on a 4473 there is no provision to answer "No" if your rights had been restored. I should say that my felony is sealed. Depending on what attorney you speak with you will receive a different opinion about how I should answer the question " Have you ever been convicted of a felony?"

Not only was my CCL being denied but my newly issued FOID was being revoked!

Molly surely understands the inner workings of the ISP FSB much better than me but this is what I think happened.

There is no provision for guys like us that have a felony but have had our firearm rights restored. They see a felony and immediately shut everything down. Luckily my FOID was not revoked and I received my CCL very quickly after I brought my situation to the attention of the ISP FSB.

#75 Molly B.

    IllinoisCarry spokesperson

  • Moderator
  • 15,999 posts
  • Joined: 18-April 05

Posted Yesterday, 08:49 PM

Well I'll be....I wish I would have known, I could have had my FOID 10 yrs ago....Once again Molly B to the rescue. Not sure when my court date is but on the courts website it says the States Attorney filed for an extension. Called my lawyer to see whats what. He told me that they are using the time to run a full background check on me and possible anything else to see if I could be blocked.


 

 

 

If the AG tries to argue that it would be against federal law to restore your FOID card,  remember the very case this topic is based on and use it to argue against the AG.


"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




2 user(s) are reading this topic

0 members, 2 guests, 0 anonymous users