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How to Appeal Revoked or Denied FOID


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#31 Molly B.

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Posted 12 October 2016 - 01:32 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? 

 

 

Have you submitted a copy of the court documents as a records correction?


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#32 RJWarner

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Posted 12 October 2016 - 04:32 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? 

 

 

Have you submitted a copy of the court documents as a records correction?

 

 

 

 

Court documents? All we ever received was a letter from the clerk that said the order was dropped. Would that be it?



#33 Molly B.

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Posted 13 October 2016 - 10:50 AM

 



 

Court documents? All we ever received was a letter from the clerk that said the order was dropped. Would that be it?
 

 

 

 

Yes.  She will need to file a 'records correction' type of appeal.

 

Record Challenge Appeal
You may challenge the accuracy of the record the ISP used to determine your firearm eligibility by submitting a Record Challenge Appeal. To do so submit a Request for FOID Appeal, a Request for Investigation and Waiver of Liability and other documentation as outlined in the FOID Appeal Requirements (Non-Mental Health) Instruction Sheet, available in "Forms and Instructions" under FOID Appeal FAQs.

 

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

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

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

#34 RJWarner

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Posted 26 January 2017 - 06:09 AM

My wife had some family problems that resulted in an Order of Protection against her and foid revoked at the same time her concealed carry was pending and then denied (foid revocation). She has since had her foid reinstated and appealed her ccw denial. Question is, the ccw has been under review for months now. Is this normal?

Thanks

Rick



#35 Bubbacs

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Posted 26 January 2017 - 08:56 AM

My wife had some family problems that resulted in an Order of Protection against her and foid revoked at the same time her concealed carry was pending and then denied (foid revocation). She has since had her foid reinstated and appealed her ccw denial. Question is, the ccw has been under review for months now. Is this normal?
Thanks
Rick

Hello Rick,
Yes the short answer is.
Under normal situations it could take 120 days to process the ccl
Great news from your post is the foid was reinstated and the clock for the ccl should have started again, but more than likely from the very beginning!
It may take a bit longer since this is a appeal, but the foid was the revoked issue and they SHOULD see the revoke as being solved.
I can't speak to the underlying issue of the order of protection vs the ccl.

Hang in there and be sure to keep us updated here from time to time.

Also do some reading here while you both wait, lots of great information you'll need later and some great topics too.....

#36 SiliconSorcerer

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Posted 26 January 2017 - 11:18 AM

My daughters boyfriend put the pot in her purse when pulled over and she got a misdemeanor charge. 

This is well over a year maybe 2 years ago, who is the prohibitor the state police, DuPage County, or the local PD where I dropped her FOID off? 

Can't she just apply again and get a new card? 


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#37 Glock23

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Posted 26 January 2017 - 11:30 AM

My daughters boyfriend put the pot in her purse when pulled over and she got a misdemeanor charge. 

This is well over a year maybe 2 years ago, who is the prohibitor the state police, DuPage County, or the local PD where I dropped her FOID off? 

Can't she just apply again and get a new card? 

 

When she logs into the site, is there an option for her to apply?  If not, she'd likely need to go through the applicable appeal process, as they'll want to verify that the reason for the revocation no longer applies.


Edited by Glock23, 26 January 2017 - 11:30 AM.

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#38 Molly B.

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Posted 26 January 2017 - 04:19 PM

My daughters boyfriend put the pot in her purse when pulled over and she got a misdemeanor charge. 

This is well over a year maybe 2 years ago, who is the prohibitor the state police, DuPage County, or the local PD where I dropped her FOID off? 

Can't she just apply again and get a new card? 

 

 

She will need to appeal and submit court records showing the disposition of the case.


"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

#39 SiliconSorcerer

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Posted 27 January 2017 - 09:12 AM

 

My daughters boyfriend put the pot in her purse when pulled over and she got a misdemeanor charge. 

This is well over a year maybe 2 years ago, who is the prohibitor the state police, DuPage County, or the local PD where I dropped her FOID off? 

Can't she just apply again and get a new card? 

 

When she logs into the site, is there an option for her to apply?  If not, she'd likely need to go through the applicable appeal process, as they'll want to verify that the reason for the revocation no longer applies.

 

 

Yeah tried that she forgot her password it asks for "Answer to Security Question #1" NOT what the question is, I've emailed them. 


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#40 InterestedBystander

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Posted 27 January 2017 - 09:49 AM

My daughters boyfriend put the pot in her purse when pulled over and she got a misdemeanor charge. 
This is well over a year maybe 2 years ago, who is the prohibitor the state police, DuPage County, or the local PD where I dropped her FOID off? 
Can't she just apply again and get a new card?

 
When she logs into the site, is there an option for her to apply?  If not, she'd likely need to go through the applicable appeal process, as they'll want to verify that the reason for the revocation no longer applies.
 
Yeah tried that she forgot her password it asks for "Answer to Security Question #1" NOT what the question is, I've emailed them.
First time Ive seen a site just ask for answer on a lost password. That is also new since the last time I did a password reset as I had not logged in for so long. Bet there may be lots of reset requests at renewal time.
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#41 SiliconSorcerer

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Posted 27 January 2017 - 02:50 PM

 

My daughters boyfriend put the pot in her purse when pulled over and she got a misdemeanor charge. 

This is well over a year maybe 2 years ago, who is the prohibitor the state police, DuPage County, or the local PD where I dropped her FOID off? 

Can't she just apply again and get a new card? 

 

 

She will need to appeal and submit court records showing the disposition of the case.

 

 

I assume this means going to the court house and requesting records, I was there when it was final (Disposed) all she got is a receipt for the payment  :frantics:

I suspecting a printout of the online page stating the same won't cut it. 

 

so the Prohibitor is the State Police? 


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#42 Molly B.

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Posted 27 January 2017 - 03:57 PM

 

 

My daughters boyfriend put the pot in her purse when pulled over and she got a misdemeanor charge. 

This is well over a year maybe 2 years ago, who is the prohibitor the state police, DuPage County, or the local PD where I dropped her FOID off? 

Can't she just apply again and get a new card? 

 

 

She will need to appeal and submit court records showing the disposition of the case.

 

 

I assume this means going to the court house and requesting records, I was there when it was final (Disposed) all she got is a receipt for the payment  :frantics:

I suspecting a printout of the online page stating the same won't cut it. 

 

so the Prohibitor is the State Police? 

 

 

You will need the judge's signature on the official order.  The prohibitor would be the conviction she received.  Unless, the prohibitor was pleaded down to a lesser charge that was not a prohibitor.  In that case, you would be filing a 'records correction" appeal.


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#43 SiliconSorcerer

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Posted 28 January 2017 - 03:33 PM

I assume the signed paperwork is at the courthouse I just have to pay for a copy. 

I'm not sure why a possession charge is a prohibitor they just assumed that you are user of illegal drugs and took away her foid.

They never drug tested her.

She would have passed, can't smoke even if she wanted to,  a bad asthmatic and couldn't survive a cigarette!


You give peace a chance; I'll cover you if it doesn't work out.

 

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#44 GunnIT

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Posted 01 February 2017 - 07:14 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

 

 

 

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

 

 

I actually have a question/concern that you may be able to answer for me.

7 years ago I went to rehab(alcohol)

As a result when I applied for my FOID card I was denied based on my rehab stay.

 

The only shrinks I have seen in the Northwest suburbs that specialize in FOID appeal evaluations charge upwards of $1800.

 

I don't have a concern necessarily with the cost, but since I was not hospitalized for a "mental health" reason, is this the only route for me to go?

Thanks for any thoughts you may have.



#45 Molly B.

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Posted 01 February 2017 - 09:16 PM

I actually have a question/concern that you may be able to answer for me.


 

7 years ago I went to rehab(alcohol)

As a result when I applied for my FOID card I was denied based on my rehab stay.

 

The only shrinks I have seen in the Northwest suburbs that specialize in FOID appeal evaluations charge upwards of $1800.

 

I don't have a concern necessarily with the cost, but since I was not hospitalized for a "mental health" reason, is this the only route for me to go?

Thanks for any thoughts you may have.

 

 

Your rehab stay for alcoholism should not be classified as mental health treatment.  If you answered 'yes' to that question, you should file a "inadvertent "yes"  affidavit.

 

Forms you would need to file is the

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

 

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

 

https://ispfsb.com/P...t-Question8.pdf


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#46 GunnIT

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Posted 01 February 2017 - 09:48 PM

 

I actually have a question/concern that you may be able to answer for me.


 

7 years ago I went to rehab(alcohol)

As a result when I applied for my FOID card I was denied based on my rehab stay.

 

The only shrinks I have seen in the Northwest suburbs that specialize in FOID appeal evaluations charge upwards of $1800.

 

I don't have a concern necessarily with the cost, but since I was not hospitalized for a "mental health" reason, is this the only route for me to go?

Thanks for any thoughts you may have.

 

 

Your rehab stay for alcoholism should not be classified as mental health treatment.  If you answered 'yes' to that question, you should file a "inadvertent "yes"  affidavit.

 

Forms you would need to file is the

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

 

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

 

https://ispfsb.com/P...t-Question8.pdf

 

Thats just it, I did not answer it yes, I answered no.

The rehab facility does double as a behavioral health center.  



#47 Molly B.

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Posted 01 February 2017 - 09:57 PM

 

 

I actually have a question/concern that you may be able to answer for me.


 

7 years ago I went to rehab(alcohol)

As a result when I applied for my FOID card I was denied based on my rehab stay.

 

The only shrinks I have seen in the Northwest suburbs that specialize in FOID appeal evaluations charge upwards of $1800.

 

I don't have a concern necessarily with the cost, but since I was not hospitalized for a "mental health" reason, is this the only route for me to go?

Thanks for any thoughts you may have.

 

 

Your rehab stay for alcoholism should not be classified as mental health treatment.  If you answered 'yes' to that question, you should file a "inadvertent "yes"  affidavit.

 

Forms you would need to file is the

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

 

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

 

https://ispfsb.com/P...t-Question8.pdf

 

Thats just it, I did not answer it yes, I answered no.

The rehab facility does double as a behavioral health center.  

 

 

 

Then you should file a 'records correction' appeal, stating you received treatment for alcoholism and not mental health treatment.


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#48 GunnIT

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Posted 02 February 2017 - 10:55 AM

 


 

 

 

Then you should file a 'records correction' appeal, stating you received treatment for alcoholism and not mental health treatment.

 

Is that the "request for investigation" or the "appeal request"?



#49 Molly B.

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Posted 03 February 2017 - 09:52 AM

 

 

 

Then you should file a 'records correction' appeal, stating you received treatment for alcoholism and not mental health treatment.

 

 

Is that the "request for investigation" or the "appeal request"?

 

 

Record Challenge Appeal
You may challenge the accuracy of the record the ISP used to determine your firearm eligibility by submitting a Record Challenge Appeal. To do so submit a Request for FOID Appeal, a Request for Investigation and Waiver of Liability and other documentation as outlined in the FOID Appeal Requirements (Non-Mental Health) Instruction Sheet, available in "Forms and Instructions" under FOID Appeal FAQs.

 

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

 

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

#50 Casey10

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Posted 18 February 2017 - 08:09 PM

My FOID was revoked in 2011 from a DUI. I had a pd and pled guilty. I went through treatment (alcohol/anxiety/depression) and have been sober for over 6 years now. How do I go about reinstating my FOID from 2005? I have my old card and tried to apply online, again (because it's been over 5 years) and it says revoked. Is it possible/waste of time? Thoughts, please.

#51 tatt2ed

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Posted 08 March 2017 - 07:27 PM

is it true that an appeal is 6 to 8 months ? illinois had inaccurate info down for me , funny thing is it didn't show up for over 3 years afterwards. i sent in the certified copy of the judgement of conviction they required. after making about 2 dozen calls i found someone that could tell me they have the paperwork. i've also heard that to speed up the appeals process on their end they just automatically deny all first time appeals , any truth to this ? seems dumb to me that their system is messed up but im paying the price here. any advice on what to do ?



#52 Monty80

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Posted 08 March 2017 - 10:44 PM

is it true that an appeal is 6 to 8 months ? illinois had inaccurate info down for me , funny thing is it didn't show up for over 3 years afterwards. i sent in the certified copy of the judgement of conviction they required. after making about 2 dozen calls i found someone that could tell me they have the paperwork. i've also heard that to speed up the appeals process on their end they just automatically deny all first time appeals , any truth to this ? seems dumb to me that their system is messed up but im paying the price here. any advice on what to do ?

 

I had the same happen to me. I applied for a FOID on January 08, 2015 and had it denied because of misdemeanor conviction that was reported as a felony conviction.  I received my denial letter on January 28, 2015 and mailed out my appeal packet the next day. In the packet were the 2 required appeal forms, a copy of my rap sheet from CPD, a copy of the disposition from the Cook County Clerks office and a copy of the court transcripts. I called a few times and also had my state rep's office calling. I finally had a FOID card in my hands on July 7, 2015 for a total wait time of 180 days. A friend of mine that was also convicted in that case applied for a FOID at the same time as me and is still in the appeal process. The only thing he has gotten from the ISP is that they lost his appeal packet somehow. 

 

The only advice I can give you at this point is to PM Molly B. with what exactly is going on and to also ask your state reps office for help. Good luck.


~ 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

 

 

#53 tatt2ed

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Posted 15 March 2017 - 03:39 PM

 

is it true that an appeal is 6 to 8 months ? illinois had inaccurate info down for me , funny thing is it didn't show up for over 3 years afterwards. i sent in the certified copy of the judgement of conviction they required. after making about 2 dozen calls i found someone that could tell me they have the paperwork. i've also heard that to speed up the appeals process on their end they just automatically deny all first time appeals , any truth to this ? seems dumb to me that their system is messed up but im paying the price here. any advice on what to do ?

 

I had the same happen to me. I applied for a FOID on January 08, 2015 and had it denied because of misdemeanor conviction that was reported as a felony conviction.  I received my denial letter on January 28, 2015 and mailed out my appeal packet the next day. In the packet were the 2 required appeal forms, a copy of my rap sheet from CPD, a copy of the disposition from the Cook County Clerks office and a copy of the court transcripts. I called a few times and also had my state rep's office calling. I finally had a FOID card in my hands on July 7, 2015 for a total wait time of 180 days. A friend of mine that was also convicted in that case applied for a FOID at the same time as me and is still in the appeal process. The only thing he has gotten from the ISP is that they lost his appeal packet somehow. 

 

The only advice I can give you at this point is to PM Molly B. with what exactly is going on and to also ask your state reps office for help. Good luck.

 

i messaged her a week ago no response as of yet , thanks for the advice



#54 Molly B.

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Posted 17 March 2017 - 08:29 PM

My FOID was revoked in 2011 from a DUI. I had a pd and pled guilty. I went through treatment (alcohol/anxiety/depression) and have been sober for over 6 years now. How do I go about reinstating my FOID from 2005? I have my old card and tried to apply online, again (because it's been over 5 years) and it says revoked. Is it possible/waste of time? Thoughts, please.

 

If you have passed the 5 year prohibition period, it is very possible to get your FOID back.  Was it revoked because you lost your license? or because you were ordered into court ordered treatment? Did you voluntarily or involuntarily admitted to a mental health facility?


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#55 Maladina

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Posted 18 March 2017 - 12:01 PM

I applied for my FOID in 9/2013 and was denied due to my misdemeanor conviction still coming up as a felony. Luckily, I still possessed an affidavit signed by a judge stating that the FBI, ISP and CPD remove this felony from my record and replace it with a class A misdemeanor. I had to fax it to ISP and it took about 6 months for the appeal before I received my FOID in 3/2014. 



#56 Mrcool_23

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Posted 23 March 2017 - 02:36 PM

My Foid card was revoked due to getting pulled over for a DUI. I was never convicted for a DUI I was charged with reckless driving seeing how this was my 1st offense and i was just over the legal limit. I was giving court supervision for 1 year, towards the end of the supervision I was advised i had turn over my FOID card which I did. I was then told after my supervision was over which it currently is that I can appeal the decision, but on the appeal form it asks for my FOID # which i don't know. Any suggestions as to how i can get my card number so I can start the appeal process?  Thanks in advance.



#57 Molly B.

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Posted 23 March 2017 - 03:15 PM

private message sent.


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#58 SDF678

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Posted 28 March 2017 - 07:18 PM

Molly B

 

Please excuse me if this is posted somewhere else. I have a few questions about the FOID appeals process that I have not been able to find an answer for.

 

What EXACTLY happens once a packet is sent in to the ISP after a FOID denial letter is received?

 

Who reads the packet? Who makes the decisions? One person, a committee, ISP personnel, who? What standards do they follow to determine if a FOID card is to be granted?

 

Thank you for any assistance you can give. 



#59 Molly B.

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Posted 28 March 2017 - 07:35 PM

Who reads the packet?

An eligibility expert looks through the packet to see if everything needed has been submitted - i.e. proper forms all filled out, court documents, etc.

 

Who makes the decisions?

Once it is determined that all is in order, I believe the appeal goes to the director of the Firearm Service Bureau for review and decision.

 

What standards do they follow to determine if a FOID card is to be granted?

 

FOID appeals are usually pretty straight forward -

 

records correction?  Yes, proper court documents submitted showing charges dismissed or that conviction is not a prohibiting factor

 

Mental Healthy voluntary/involuntary? Yes, mental health evaluation submitted, proof that 5 years has passed

 

Relief from non-violent felony?  Yes, court documents showing 10 years has passed, letters of recommendation from family and friends, etc.


"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

#60 welpthatsux

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Posted 19 April 2017 - 08:06 AM

I just wanted to give Molly B a shout out and HUGE thank you, I couldn't have done it with out her help. I went to court yesterday and won my petition to get my foid card. It has been mailed out this morning to the ISP FSB appeals dept and according to the lady I spoke with yesterday I should have my foid with-in 30 days...............






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