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FOID denial

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#1 ProudDaddy2

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Posted 19 November 2018 - 05:30 PM

Hi guys.. I recently received a letter saying I was denied from obtaining a FOID Card.. Ive been calling the 217-782-7980 number not getting an answer.. I really need guidance on what to do next..

#2 spec5

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Posted 19 November 2018 - 06:05 PM

Why did they say you were denied?
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#3 SDF678

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Posted 19 November 2018 - 06:38 PM

The letter should clearly state why you were denied and what your recourse will be depending upon the reason for the denial.

 

This might be something simple or you might be in for a two year appeal process.



#4 Molly B.

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Posted 19 November 2018 - 09:55 PM

Hi guys.. I recently received a letter saying I was denied from obtaining a FOID Card.. Ive been calling the 217-782-7980 number not getting an answer.. I really need guidance on what to do next..

 

 

 You may send me, via a private message, a copy/scan/photo of the letter and we can figure out which appeal process you will need to take.


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#5 Stevepk

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Posted 20 November 2018 - 12:07 AM

Prouddaddy. MollyB is the “Fixer”
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#6 Flavin913

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Posted 06 February 2019 - 01:11 AM

Hello all, glad i found these forums, i am in the same boat, i have recently been denied for adjudicated minor and hospitiliaztion over 5 years ago.

 

I hope Molly B. is still around and maybe i can email you in the morning?

 

I too have been trying to call the number for support and no one ever picks up, ontop of that the mail box for voicemails has been full for 2+ weeks.


Edited by Flavin913, 06 February 2019 - 01:12 AM.


#7 Illini2A312

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Posted 06 February 2019 - 09:48 AM

Hello all, glad i found these forums, i am in the same boat, i have recently been denied for adjudicated minor and hospitiliaztion over 5 years ago.
 
I hope Molly B. is still around and maybe i can email you in the morning?
 
I too have been trying to call the number for support and no one ever picks up, ontop of that the mail box for voicemails has been full for 2+ weeks.


Don't know what the process is for adjudicated minor, but for voluntary admission 5+ years ago there's a simple process (mail in request for investigation and waiver and have a health care professional evaluate you and send in the appropriate form) : http://illinoiscarry...showtopic=47227

#8 Molly B.

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Posted 06 February 2019 - 10:45 AM

"any adjudication as a delinquent minor for the commission of an offense that if committed by an adult would be a felony, in which case the aggrieved party may petition the circuit court in writing in the county of his or her residence for a hearing upon such denial, revocation, or seizure."

 

So the person would need to petition the circuit court in the county where he lives asking for relief from the firearm prohibition.  It is good to have 4-5 witnesses to submit notarized affidavits supporting reinstatement of your rights, a notarized statement by yourself detailing your reason for wanting rights restored and a statement showing you are a good, law-abiding  citizen now.  a record of positive community involvement is good too.


"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

#9 BigJim

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Posted 06 February 2019 - 11:03 AM

"I want to buy an AR-15" is probably not a good reason to list why you want to have your rights restored (even if true).


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#10 Flavin913

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Posted 06 February 2019 - 07:08 PM

It has been impossible to find a mental health professional that will evaluate my risk and sign the certificate.

Finally found one that does this kind of thin reguraly for goverment agencies but his cost is $1000 to evaluate. Sounds like a rip off to me, although I understand the reason why they are able to charge that amount since it is so hard to find.

#11 Molly B.

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Posted 06 February 2019 - 09:28 PM

Have you tried your local public health department. They are usually good about doing the evaluations for a reasonable fee.
"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 Flavin913

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Posted 06 February 2019 - 09:49 PM

Have not Molly but i will shoot them a call in the morning, will be good to at least get a 2nd opinion.

 

This company i found Midwest Behavioral Risk Managment, seems to deal in amoung another things, FOID card Mental Health Certifications specifically, and sounded like they have a pre-made packet to submit as soon as you are cleared. Mention a very long letter they submit off the the ISP.

 

With the mental health and the Adjudicated Minor do I want to Appeal for Relief as well as Record Challenge Appeal?



#13 Molly B.

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Posted 06 February 2019 - 10:01 PM

I believe you would want to a submit the mental evaluation and have it in your record so that when you go to court and petition for relief from the adjudicated delinquent prohibition, you will have everything good to go for getting your FOID.
"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

#14 Flavin913

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Posted 07 February 2019 - 01:39 PM

Molly B, thank you for the suggestion of the Local Health Department, however the two near me do not provide the evaluations.

 

So to clarify for my apeal i would need the mental health evaluation and Mental Health Certification for Firearm Possession, a Request for Investigation and Waiver of Liability, and the Request for FOID Appeal w/ the FOID Appeal Requirements attached, (my notarized letter and atleast 3 letters of recommendations).

 

Speaking on those letters, do you know if it should be more of a novel or a yes/no 1,2,3,4? I will attach a link to the letter my mother wrote to see what your thoughts are. It is just in a shared google doc. Her actually letter is signed, dated, and notarized.

https://docs.google....dit?usp=sharing

 

All these forms and letters should be sent to the ISP or to the district I was adjudicated in as well?

 

How to Appeal -430 ilcs 65/8 (p) - the adjudicated minor, states the FOID Act does provide that I may petition, in writing, the circuit court in your county of residence when at least 10 years has pass since the adjudication of delinquency. To challenge the accuracy of the record used to determine your firearm eligibility you may appeal to the ISP.

 

so to me that sounds like I have to Get the charges removed? and then challenge the record not request relief from the firearm prohibitor.

 

PS. im definitely lost here, thank you for all the help here.



#15 Molly B.

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Posted 07 February 2019 - 02:29 PM

In some cases, juvenile convictions can be vacated/expunged.  If that is the case for you, definitely go that route and you would not have to petition the court for your FOID card, you would just submit a records correction appeal after your record is cleared.  If your record cannot be cleared you will need to appeal/petition to the circuit court in the county where you live - that's where the good reference letters come into play. It helps, I think, if the letters do have a personal touch as well as answering the basics.

 

You will still need to submit a separate appeal to the ISP for the mental health treatment prohibition.


"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

#16 Flavin913

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Posted 07 February 2019 - 04:14 PM

Yeah i know i can expunge those, that process is extensive aswell, and i was going to do that in 2017 but work became a priority over that. Should be something to look into again to thourghly clean up my past.

 

Did you have a chance to look at that letter Molly?

 

Thanks Again



#17 Molly B.

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Posted 07 February 2019 - 05:15 PM

Letter looks good!
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#18 Flavin913

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Posted 08 February 2019 - 03:08 PM

So to clarify for my apeal i would need the mental health evaluation and Mental Health Certification for Firearm Possession, a Request for Investigation and Waiver of Liability, and the Request for FOID Appeal w/ the FOID Appeal Requirements attached, (my notarized letter and atleast 3 letters of recommendations).



#19 Molly B.

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Posted 08 February 2019 - 06:26 PM

You have two different processes you need to complete.

 

The mental health appeal is just one of them and if it has been more than 5 years, you do not have to submit letters.

 

THe person doing the evaluation mails this one in to ISP:

https://ispfsb.com/P...lHealthCert.pdf

 

You mail these in:

https://ispfsb.com/P...pealRequest.pdf

 

https://ispfsb.com/P...vestigation.pdf


"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

#20 Flavin913

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Posted 09 February 2019 - 11:14 AM

Thanks Molly, that is what i had thought and wanted to clarification.

 

For the Request for FOID Appeal, should i be checking the first or second box on the 2nd portion? also should i be writing a letter with that form to "Describe the reason for your appeal and, if applicable, the information you are providing..."

 

I had sat with the psychologist yesterday to do a mental health eval and he had told me that i don't need to write anything in that large box, but again wanted to clarify.



#21 Molly B.

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Posted 09 February 2019 - 03:22 PM

Requesting relief from firearm prohibitor - mental health treatment more than five years ago.

 

No need to send a letter or to write in the box.


"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

#22 Flavin913

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Posted 10 February 2019 - 04:26 PM

Awesome, thanks for all the help Molly, im gonna get all the letters and everything sent off hopefully tomorrow, and then let the watiing game begin.



#23 Flavin913

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Posted 28 February 2019 - 04:23 AM

Dang i just followed up with the psychiatrist that i saw and he informed me he didnt send off the sheet i had thought he was going too.

 

So I only send in One "Request for Foid Appeal" sheet with the firearm prohibitor listed as "adjudicated minor".

 

I believe I may have made a mistake and should have had "mental health & adjudicated minor" listed there. Do you think this matters Molly, since the psychiatrist already sent in the other sheet for the mental health? its been over 2 weeks since I mailed my other paperwork, should I mail a separate "Request for Foid Appeal" with Mental health listed under firearm prohibitor?

 

PS. Will there be any update on the ISP website if I have an appeal underway? It has not been updated yet if so.



#24 Flavin913

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Posted 02 March 2019 - 01:34 AM

Bump, Hey there Molly, what do you think about my previous post? i may have made error. thanks



#25 Molly B.

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Posted 08 March 2019 - 01:50 AM

There will not be an update on the ISP website. 


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#26 Flavin913

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Posted 10 March 2019 - 09:51 PM

 

Dang i just followed up with the psychiatrist that i saw and he informed me he didnt send off the sheet i had thought he was going too.

 

So I only send in One "Request for Foid Appeal" sheet with the firearm prohibitor listed as "adjudicated minor".

 

I believe I may have made a mistake and should have had "mental health & adjudicated minor" listed there. Do you think this matters Molly, since the psychiatrist already sent in the other sheet for the mental health? its been over 2 weeks since I mailed my other paperwork, should I mail a separate "Request for Foid Appeal" with Mental health listed under firearm prohibitor?

 

PS. Will there be any update on the ISP website if I have an appeal underway? It has not been updated yet if so.

 

Thinking I should probably just resubmit to be safe then sorry I guess.



#27 Molly B.

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Posted 11 March 2019 - 11:21 AM

Did you get the adjudicated minor expunged?


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#28 Flavin913

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Posted 17 March 2019 - 09:25 PM

Hey Molly, sorry i have been so busy at work. No i was not able to get the adjudicated minor expunged.



#29 SniperRick34

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Posted 20 March 2019 - 02:33 PM

Ok this is how it finally worked after 6 months. I called my state representative for the county I live in and pleaded to them how I supplied all the information in the appeal and how it is still taking over 6 months with the same blunt response everyone gets:its still under review, there is no time frame:. Call your state representative after you have filed your appeal and it has not been denied. Get him or her on the line and tell them how long it's been taking and how you feel the wait is way too long on a appeal. I received mine a month later after calling 2 or 3 times to my state rep. For my county!

#30 Giant Teddybear

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Posted 27 March 2019 - 06:28 PM

  430 ILCS 65/10






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