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Can I still get my FOID and CCL card?


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#1 trueblu8

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Posted 19 October 2018 - 06:14 AM

I had a class X felony 18 years ago for drugs. I applied for my FOID card but was denied. I do not have any violent crimes on my record and have not had any incidents since then. Can I appeal this and still get my FOID card? Also what are grounds for an appeal?

#2 Craigcelia

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Posted 19 October 2018 - 06:22 AM

If you've been convicted of a felony, that might give you trouble.

 

Form for requesting an appeal

 

Note the bottom part of the above form:

 

"Please Note: Pursuant to 430 ILCS 65/10 (a), you must appeal to the circuit court in your county of residence, not to the ISP, if your FOID card was denied or revoked for any of the following reasons: forcible felony, stalking, aggravated stalking, domestic battery, any violation of the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, or the Cannabis Control Act that is classified as a Class 2 or greater felony, any felony violation of Article 24 of the Criminal Code of 1961 or the Criminal Code of 2012, or any adjudication as a delinquent minor for the commission of an offense that if committed by an adult would be a felony."


Edited by Craigcelia, 19 October 2018 - 06:26 AM.


#3 trueblu8

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Posted 19 October 2018 - 06:36 AM

I have talked to an attorney about this and she said getting the governor to grant me clemency is the only way. She also said it would run me about $5500.

#4 Craigcelia

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Posted 19 October 2018 - 06:56 AM

I have talked to an attorney about this and she said getting the governor to grant me clemency is the only way. She also said it would run me about $5500.

Ok, I suppose you have the answer then....  I'm not an attorney.  Her answer would most likely trump anything we might tell you.



#5 spec5

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Posted 19 October 2018 - 08:14 AM

I have talked to an attorney about this and she said getting the governor to grant me clemency is the only way. She also said it would run me about $5500.

Ok, I suppose you have the answer then....  I'm not an attorney.  Her answer would most likely trump anything we might tell you.
I was thinking the same thing the OP has a lawyer and he is asking us. :no:
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#6 BigJim

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Posted 19 October 2018 - 08:41 AM

I have talked to an attorney about this and she said getting the governor to grant me clemency is the only way. She also said it would run me about $5500.

$5500?   Seems kind of costly. 

 

How does this work, $500 for the lawyer and a $5000 bribe for the governor?


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#7 NRApistol

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Posted 19 October 2018 - 08:57 AM

Been there, done that! 

 

Just because she is a lawyer does not mean she is an expert on gun rights.  From my experience there are a lot of lawyers that are lost when it comes to gun rights. I asked my estate attorney about setting up a gun trust and he did not have a clue how to do it.

 

I have helped someone with a felony drug conviction get their FOID and CCL and it cost them less than an extra $10 above the cost of the FOID and CCL. The first requirement is a minimum of 20 years since the conviction, then apply for FOID and follow the instructions the ISP sends you. My free advice is: Wait 2 more years then apply, it may save you $5500.

 

"getting the governor to grant me clemency"  Really, she must be some lawyer if she could pull that off.  


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#8 Craigcelia

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Posted 19 October 2018 - 09:47 AM

Been there, done that! 

 

Just because she is a lawyer does not mean she is an expert on gun rights.  From my experience there are a lot of lawyers that are lost when it comes to gun rights. I asked my estate attorney about setting up a gun trust and he did not have a clue how to do it.

 

I have helped someone with a felony drug conviction get their FOID and CCL and it cost them less than an extra $10 above the cost of the FOID and CCL. The first requirement is a minimum of 20 years since the conviction, then apply for FOID and follow the instructions the ISP sends you. My free advice is: Wait 2 more years then apply, it may save you $5500.

 

"getting the governor to grant me clemency"  Really, she must be some lawyer if she could pull that off.  

Sounds like good advice!  



#9 lockman

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Posted 19 October 2018 - 11:54 AM

The process is different if it was a federal conviction.


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#10 Molly B.

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Posted 19 October 2018 - 05:01 PM

The process is different if it was a federal conviction.

 

This is true.


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#11 mak474

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Posted 22 October 2018 - 09:47 AM

Agreed! When I had a case where they took my guns away, my lawyer (which is listed on here as a firearm defense lawyer) was clueless as to whether or not I would get my right to own or even my guns back!  I don't know whether its because the laws are written so loosely or they just don't learn about it in the schools that are typically anti gun anything.

 

Been there, done that! 

 

Just because she is a lawyer does not mean she is an expert on gun rights.  From my experience there are a lot of lawyers that are lost when it comes to gun rights. I asked my estate attorney about setting up a gun trust and he did not have a clue how to do it.

 

I have helped someone with a felony drug conviction get their FOID and CCL and it cost them less than an extra $10 above the cost of the FOID and CCL. The first requirement is a minimum of 20 years since the conviction, then apply for FOID and follow the instructions the ISP sends you. My free advice is: Wait 2 more years then apply, it may save you $5500.

 

"getting the governor to grant me clemency"  Really, she must be some lawyer if she could pull that off.  



#12 Penumbra1811

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Posted 22 October 2018 - 04:26 PM

You can do the clemency yourself, I did and it wasn't to bad. I had my hearing in Chicago last April of this year and I'm still waiting to hear something.




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