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How to Appeal Revoked or Denied FOID


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#1 Molly B.

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Posted 24 March 2014 - 06:57 AM

Posted below are links to the forms needed to request an Illinois State Police Administrative Review if your FOID card has been denied or revoked.  This request should be submitted to:

 

Illinois State Police
Firearms Services Bureau
ATTN: APPEALS
801 South Seventh Street, Ste. 400-M
Springfield, Illinois 62703

 

Forms required to be submitted to the ISP include:

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

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

 

Plus the form for the specific disqualifier:

 

For denial or revocation for non-mental health prohibitor

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

 

For denial or revocation for mental health prohibitor LESS than 5 years ago:

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

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

 

For denial or revocation for mental health prohibitor MORE than 5 years ago:

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

 

For denial or revocation for developmental disability:

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

 

 

A denial by the administrative review would then need to be appealed to the circuit court in the area where you live.


Edited by Molly B., 28 August 2017 - 01:49 PM.
Updated 6/15/2016

"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 Molly B.

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Posted 27 October 2014 - 11:06 AM

If the ISP appeal is not successful, what are the steps to file a de novo judicial review in the circuit court?  Are forms available?


"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 Molly B.

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Posted 27 October 2014 - 03:23 PM

There are some revocations for which the ISP will not grant an administrative hearing and the FOID card holder must appeal in circuit court.


"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

#4 Elmer Fudd

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Posted 27 October 2014 - 03:27 PM

There are some revocations for which the ISP will not grant an administrative hearing and the FOID card holder must appeal in circuit court.

Just to clarify...are you indicating that they won't entertain an appeal, or that once an appeal has been denied they won't grant an administrative hearing. The concern I am thinking about is that the first step in the process of having an administrative appeal which is a precursor step to application for an administrative hearing can take up to two years. The problem that is created, is that during the pendency of the Administrative Appeal, you can't pursue the matter in Circuit Court and the Illinois Attorney General will seek to have the proceeding dismissed due to a failure to exhaust administrative remedies.



#5 Molly B.

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Posted 27 October 2014 - 07:58 PM

 

There are some revocations for which the ISP will not grant an administrative hearing and the FOID card holder must appeal in circuit court.

Just to clarify...are you indicating that they won't entertain an appeal, or that once an appeal has been denied they won't grant an administrative hearing. The concern I am thinking about is that the first step in the process of having an administrative appeal which is a precursor step to application for an administrative hearing can take up to two years. The problem that is created, is that during the pendency of the Administrative Appeal, you can't pursue the matter in Circuit Court and the Illinois Attorney General will seek to have the proceeding dismissed due to a failure to exhaust administrative remedies.

 

 

There are some revocations for which the ISP will not entertain an appeal and direct the FOID card holder to appeal directly to circuit court.


"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

#6 Elmer Fudd

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Posted 27 October 2014 - 08:08 PM

Can you elaborate on what the underlying basis for the revocation falls into that category?



#7 Molly B.

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Posted 27 October 2014 - 08:13 PM

FOID revoked for misdemeanor batter convictions classified  as domestic in nature (or reclassified from as long ago as 20-30 years and just now being revoked).


"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 Elmer Fudd

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Posted 27 October 2014 - 08:19 PM

FOID revoked for misdemeanor batter convictions classified  as domestic in nature (or reclassified from as long ago as 20-30 years and just now being revoked).

Thank you.....there is some logic to that...particularly since it involves the Federal prohibitions associated with the Lautenberg Amendment from 1997.



#9 Monty80

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Posted 27 January 2015 - 07:19 PM

Today I found out that my application for a FOID card was denied because of a reporting error 17 years ago. For some reason, the Cook County clerks office reported to the ISP that I was convicted of a felony. I've had my record corrected with CPD and also the Clerks office yet ISP still denied me. I plan on appealing since I'm obviously not a felon due to the fact I retired from the Army last year. Does anyone know what certified court documents they want to see for an appeal?

Edited by Monty80, 27 January 2015 - 07:21 PM.

~ A right delayed is a right denied

 

  • 08 Jan 2015 - Applied for FOID
  • 27 Jan 2015 - FOID denied
  • 29 Jan 2015 - Appealed FOID denial
  • 07 July 2015 - Received FOID card
  • Total days - 180 days

  • 27 May 2016 - Applied w/prints
  • 06 June 2016 - QC Verified
  • 08 June 2016 - TCN invalid
  • 13 June 2016 - TCN valid
  • 20 June 2016 - Approved
  • 27 June 2016 - Active
  • 29 June 2016 - Received CCL in the mail
  • Total days - 33 days

 

 

#10 2putt

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Posted 03 March 2015 - 09:00 AM

This morning a friend received a notice from ISP that his FOID is revoked due to him being under mental observation for a few days. I was thinking he could transfer his firearms to me while he appeals, but the form says he must get rid of his firearms within 48 hours. Since there would be a 72 hour wait before u can take possession of them, what are his options?

#11 Molly B.

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Posted 03 March 2015 - 09:51 AM

Do you know an FFL who would hold them for the 72 hrs. and then transfer them to you?


"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 2putt

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Posted 03 March 2015 - 11:57 AM

No I don't. That's a good idea though. I'm in chicago if any local FFLs read this and can help.

#13 Guest_nra00001_*

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Posted 14 October 2015 - 05:09 PM

Do you know an FFL who would hold them for the 72 hrs. and then transfer them to you?


Can a FFL who provides a storage facility for firearms be used for this purpose?

#14 Molly B.

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Posted 14 October 2015 - 05:21 PM

Yes.
"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

#15 DiSc0rd

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Posted 23 November 2015 - 02:43 PM

 

Hi Molly, I have applied for a FOID card, going on three weeks now... i was just wondering if i get denied where do i find the Investigation and Waiver of Liability form ? or is that something i ask for when i write them the appeal essay..?

Assuming that you are referencing the form that is required to be submitted in connection with a FOID Appeal, I have a copy, if you would PM me and give your email I would gladly send you a copy. 

 

can you please send the waiver the ISP wants filled out to me. friend was denied and trying to get it resolved. i tried to pm but says your inbox is full


#16 DiSc0rd

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Posted 23 November 2015 - 02:45 PM

Do you know an FFL who would hold them for the 72 hrs. and then transfer them to you?

did you get the waiver form? i cant find it either



#17 DiSc0rd

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Posted 23 November 2015 - 02:47 PM

isp site sucks, but my google-fu is strong

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

for anyone that needs it



#18 Monty80

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Posted 23 November 2015 - 03:27 PM

DiSc0rd:

 

If your friend was denied, he should have received both forms that he will need to submit when he received his denial letter. If he didn't for some reason, I can email both of them to you. He will need Request for Appeal form and also the Request for Investigation and Waiver of Liability form.Just send me a PM with your email and I'll get them to you.


~ A right delayed is a right denied

 

  • 08 Jan 2015 - Applied for FOID
  • 27 Jan 2015 - FOID denied
  • 29 Jan 2015 - Appealed FOID denial
  • 07 July 2015 - Received FOID card
  • Total days - 180 days

  • 27 May 2016 - Applied w/prints
  • 06 June 2016 - QC Verified
  • 08 June 2016 - TCN invalid
  • 13 June 2016 - TCN valid
  • 20 June 2016 - Approved
  • 27 June 2016 - Active
  • 29 June 2016 - Received CCL in the mail
  • Total days - 33 days

 

 

#19 RJR_Nabisco

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Posted 04 March 2016 - 07:38 PM

Why would my foid card be revoked for a order of protection and not just suspended is there a difference. Turned in foid card and firearm to police when notfied of ordet of protection.. Also case was dismissed and judge ordered police to return firearm with val:d foid card. Find out it was was revoked. Filled appeal in jan .any wait time est?

#20 Molly B.

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Posted 04 March 2016 - 09:33 PM

Why would my foid card be revoked for a order of protection and not just suspended is there a difference. Turned in foid card and firearm to police when notfied of ordet of protection.. Also case was dismissed and judge ordered police to return firearm with val:d foid card. Find out it was was revoked. Filled appeal in jan .any wait time est?

 

 

 

RJR,

From the ISP:

 

A CCL suspension due to an Order of Protection does not require an Appeal.

 

If you will PM your full legal name, date of birth, and your FOID number to me, I will see if we can get you back into the proper cue for reinstatement.  If you have a copy of the judge's order/disposition, please include that as well.


"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

#21 Molly B.

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Posted 15 June 2016 - 02:56 PM

Updated with links to current appeal forms.


"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 ClayMontJr

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Posted 18 June 2016 - 04:07 PM

I don't know who to contact but I think it's unfair that I have a FOID and can carry or defend on my property or place of business but can't also have it available in my vehicle without a CCW. Even though I meet ALL the requirements and paid all fees to getting a CCW I was still denied due to reasonable suspicion language in the act 430 ILCS 66/15 (a). This gives police or board any reason to deny even for something that happened as a teenager. 
 
If non-residents of Chicago with a ccl but no FOID can carry in their vehicles loaded, Then why can't FOID holders have this option as well? I don't need to carry a gun on me everywhere I go but would like to have more flexibility on transporting. I don't necessarily want to deal with a possible dishonest cop that may my load my transported firearm and say I was conceal carry unlawfully. I read stories of this happening. 
 
I'm currently still appealing my denial from Chicago PD from an arrest from Oak Forest PD 12 years ago that was dismissed in court. My appeal in court was lost (7/17/16) because the judge said "even though she would have judged me differently she couldn't change or overturn the decision of the board." My argument was not to use an arrest that was dismissed by a judge and sealed in expungement as means to label me as a danger to myself and others. So now the board looks at that the details of that arrest as fact and true and by them I'm convicted of doing those things from a false police report that was not confirmed as fact. I would have challenged the statements in that police report back then but wasn't allowed access to that knowledge till now. My girl-friend back then didn't disclose she fabricated all the extra details.
 
I apologize for this long message but I just wanted to but this out there for some direction. I don't have money to waste on a random attorney that will get me nowhere. If the FOID was more flexible then I wouldn't necessarily struggle for the CCW.
 
Clarence


#23 brim0628

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Posted 21 September 2016 - 10:06 AM

Greetings all, I'm new to the forum.  I received a DUI 2.5 years ago. Foid was revoked. I am now off of probation and ready to start the process of appealing. From my understanding, do I need to just fill out a request for foid appeal, and wait on the state to "get back with me"? Also on the foid appeal request form, where it says "I am requesting relief from the firearm prohibitor ________, for which my FOID card/application was revoked/denied. (OR) Is that blank space just for what statute or law that I "broke". Thanks for any replies



#24 Don7070

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Posted 25 September 2016 - 06:04 PM

Posted below are links to the forms needed to request an Illinois State Police Administrative Review if your FOID card has been denied or revoked.  This request should be submitted to:

 

Illinois State Police
Firearms Services Bureau
ATTN: APPEALS
801 South Seventh Street, Ste. 400-M
Springfield, Illinois 62703

 

Forms required to be submitted to the ISP include:

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

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

 

Plus the form for the specific disqualifier:

 

For denial or revocation for non-mental health prohibitor

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

 

For denial or revocation for mental health prohibitor:

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

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

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

 

For denial or revocation for developmental disability:

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

 

 

A denial by the administrative review would then need to be appealed to the circuit court in the area where you live.

 

 

Hi Molly.  I have done all of the things that you listed.  I am ready to put it in the mail tomorrow.  Is there a way to get it done faster if I go to Springfield in person?  This is my first post.  I appreciate all of the help that you have provided on this forum.



#25 Molly B.

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Posted 25 September 2016 - 08:33 PM

Don,

 

You must submit via mail.  I strongly suggest sending registered mail with a request for verification of receipt.  The ISP will not see/meet with anyone who simply walks in.


"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

#26 Don7070

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Posted 26 September 2016 - 08:12 AM

Don,

 

You must submit via mail.  I strongly suggest sending registered mail with a request for verification of receipt.  The ISP will not see/meet with anyone who simply walks in.

 

Good morning.  I will do that.  Thanks a lot!



#27 RJWarner

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Posted 30 September 2016 - 02:15 PM

I have a similar problem with my wife's foid card after an Op was served on her. It was dropped on 8/3/2016 but still shows revoked. Is it too soon to be worried about it yet? 



#28 mrderen

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Posted 11 October 2016 - 06:19 AM

I had an OP put against me by my ex.  It was thrown out by the judge and now I need to get my FOID reinstated.  I've been through this before and I had to fax my court documents to the ISP, but I have misplaced their fax number.  Does anyone have the fax number for ISP FOID.  I have tried calling their voice line and get the usual wait on hold.  I've been calling for a week.  Thanks in advance.



#29 RJWarner

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Posted 12 October 2016 - 01:20 PM

I am starting to think it is time for some legal action. Any experience with good lawyers to assist getting my wife's foid back?



#30 Molly B.

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Posted 12 October 2016 - 01:30 PM

I had an OP put against me by my ex.  It was thrown out by the judge and now I need to get my FOID reinstated.  I've been through this before and I had to fax my court documents to the ISP, but I have misplaced their fax number.  Does anyone have the fax number for ISP FOID.  I have tried calling their voice line and get the usual wait on hold.  I've been calling for a week.  Thanks in advance.

 

Fax:  217.782.9139

 

This is a general FAX number so be sure to include a cover sheet with your full legal name, date of birth, FOID number and why you are faxing the document.  That way it will get to the proper department.


"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




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