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Involuntary Admission Appeal Gets Approved


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#1 Manhattan

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Posted 07 September 2019 - 06:05 PM

So, whether voluntary or involuntary, ISP has you go through the same appeals process for mental health admissions. Best bet for involuntary admissions is to wait the 5 years.

But after waiting 5 years and sending in paperwork from your psych doctor that youre good to go, suppose ISP just approves your FOID....can you buy a gun, or are you still banned under federal law?
I did some research on this and from what I understand, you are no longer banned under federal law because NICS has appointed ISP as the point of contact for dealing with involuntary appeals. Plus, it wouldnt make sense to me that Illinois would issue a FOiD card to someone who is federally prohibited.

Molly, can you verify this please?

#2 Euler

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Posted 07 September 2019 - 06:43 PM

From form 4473 itself: (It's a wall of text on the form. I broke it up for readability.)

Committed to a Mental Institution: A formal commitment of a person to a mental institution by a court, board, commission, or other lawful authority. The term includes a commitment to a mental institution involuntarily. The term includes commitment for mental defectiveness or mental illness. It also includes commitments for other reasons, such as for drug use. The term does not include a person in a mental institution for observation or a voluntary admission to a mental institution.

EXCEPTION: Under the NICS Improvement Amendments Act of 2007, a person who has been adjudicated as a mental defective or committed to a mental institution in a State proceeding is not prohibited by the adjudication or commitment if the person has been granted relief by the adjudicating/committing State pursuant to a qualifying mental health relief from disabilities program. Also, a person who has been adjudicated as a mental defective or committed to a mental institution by a department or agency of Federal Government is not prohibited by the adjudication or commitment if either:

(a) the person's adjudication or commitment was set-aside or expunged by the adjudicating/committing agency;

(b) the person has been fully released or discharged from all mandatory treatment, supervision, or monitoring by the agency;

(c) the person was found by the agency to no longer suffer from the mental health condition that served as the basis of the initial adjudication/commitment; or

(d) the adjudication or commitment, respectively, is based solely on a medical finding of disability, without an opportunity for a hearing by a court, board, commission, or other lawful authority, and the person has not been adjudicated as a mental defective consistent with section 922(g)(4) of title 18, United States Code;

(e) the person was granted relief from the adjudicating/committing agency pursuant to a qualified mental health relief from disabilities program.

Persons who fall within one of the above exceptions should answer "no" to question 11.f. This exception to an adjudication or commitment by a Federal department or agency does not apply to any person who was adjudicated to be not guilty by reason of insanity, or based on lack of mental responsibility, or found incompetent to stand trial, in any criminal case or under the Uniform Code of Military Justice.


Edited by Euler, 07 September 2019 - 06:44 PM.

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#3 wolfcreek

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Posted 07 September 2019 - 06:58 PM

I believe only Hawaii & Illinois ban for voluntary admission.I voluntary went to hospital for 4 days 2013.Waited 5 years.Jumped through all the hoops.Spent big bucks.etc,etc.Totally ignored for over a year.I tried everything.Last attempt was the best...……………..I MOVED !!!

Good luck



#4 Molly B.

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Posted 07 September 2019 - 09:07 PM

Euler posted the needed info from ATF.  I concur.


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#5 Manhattan

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Posted 07 September 2019 - 09:39 PM

Thanks a lot Euler and Molly! Is it fair to assume that once my doc has sent in the form clearing me that it will take 6+ months to process and send me my FOID? Would applying for CCL a few months after he sends that in expedite the process at all by calling attention to my case?

#6 Molly B.

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Posted 08 September 2019 - 10:26 AM

I believe 6 mos. would be optimistic at this point.  The mental health certification must be reviewed by the mental health board and then the appeal must be reviewed by the ISP Firearm Services Bureau director.  Most appeals I see take around a year or more . . .


"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

#7 wolfcreek

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Posted 08 September 2019 - 04:58 PM

Not trying to be constantly negative,but I know I was set up by my doctor in 2013 for the sole purpose of pulling my foid.I mean come on.Two days after I arrive home Ive got a letter from isp.requesting my foid.I would bet this is going on elsewhere. 4 days to adjust meds for depression they said.Hog Wash.Is there someone out there who can honestly say they have had their foid re-instated after having it pulled for walking into a hospital on their own at the request of a doctor.Not just "Yea" I know of someone.or Yea I heard of someone.I feel sorry for these people who are being told that this is just a simple process and that if you go throught the proper forms & such.You "WILL" get your foid.Truth be told.Chances are slim.We all know what a hot topic this is.As Sonny said in the movie "A Bronx Tail" nobody cares. As far as the gov & ISP."no body cares.The local news about more help & such sounds good,but as far as medical appeals.The deal is done.We all know.it's gone from 90 day to 6 months to 1 year to 2 years.Golly Gee Gomer.Were just to busy raising taxes & pickin up foid cards you know.But yall just hang in there and we will get to it.Dont call us,we will call you.



#8 Molly B.

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Posted 08 September 2019 - 05:41 PM

Is there someone out there who can honestly say they have had their foid re-instated after having it pulled for walking into a hospital on their own

 

 

 

 I do personally know people who have been successful with this type of appeal.


"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 wolfcreek

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Posted 11 September 2019 - 12:54 PM

With all due respect to all . This thread says "involuntary  admission appeal gets approved" Really ? I have all the respect in the world for the moderator,but your statement is hearsay."I know people personally who have " Sorry does not work.I still have not seen someone who actually went through this come forward.Involuntary or voluntary.If they make you go all through all the paper work.lawyers,politicians etc,etc .Then were talking 2 years? Anyone who cannot see the obvious is just kidding themselves.Hang on folks.The best is yet to come.Has 1 person won an appeal & recived his foid this year.Who walked into a hospital on his or her own over 5 years ago for depression.Did all the right things.Was approved & now has his or her foid ? The deck is stacked

 

Let me add. Won their appeal for going in on their own and seeking help ? I still think its the kiss of death if your foid is taken for "ANY" mental reason. Like I said.Only in Illinois.Soon they will be rounding up those with records of being treated for mental issues and sending them off to camps.Sound familiar ? 


Edited by wolfcreek, 28 September 2019 - 06:10 PM.


#10 Bubbacs

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Posted 11 September 2019 - 01:20 PM

But you moved, problem solved.
So it worked out for you.
Another case of unsolved mysteries.........

#11 Molly B.

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Posted 11 September 2019 - 01:50 PM

With all due respect to all . This thread says "involuntary  admission appeal gets approved" Really ? I have all the respect in the world for the moderator,but your statement is hearsay."I know people personally who have " Sorry does not work.I still have not seen someone who actually went through this come forward.Involuntary or voluntary.If they make you go all through all the paper work.lawyers,politicians etc,etc .Then were talking 2 years? Anyone who cannot see the obvious is just kidding themselves.Hang on folks.The best is yet to come.Has 1 person won an appeal & recived his foid this year.Who walked into a hospital on his or her own over 5 years ago for depression.Did all the right things.Was approved & now has his or her foid ? The deck is stacked

 

 

We here at IllinoisCarry walk people through the process all the time.  It's not hearsay. But the process takes a long time.


"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 skinnyb82

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Posted 11 September 2019 - 04:30 PM

An involuntary admission? Where adjudication occurs? Not the "admission by emergency certificate, conversion to voluntary" but straight up a judge shows up and "affirms" the involuntary hold? Sent from my VS987 using Tapatalk
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#13 Molly B.

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Posted 11 September 2019 - 04:53 PM

Involuntary admission, no conversion to voluntary.  Yes, it takes a long time and a mental health evaluation that must be reviewed by the mental health board and then reviewed by the director of the ISP Firearm Services Bureau.  I don't understand /why this is so difficult to understand.


"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 wolfcreek

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Posted 20 September 2019 - 01:04 PM

Whats difficult to understand is why it now takes two years.But in reality its not hard to understand.When your honest with yourself.Its not about to many appeals,not enough help.Its simply about getting as many foid cards back to ISP as possible.As with everything in Illinois.Its about control of the masses by a few politicians.Does anyone really think the Governor is concerned about weather or not your 2A rights are given to you ? And there aint a darn thing you can do about it.Zero,Zip,Nada.Welcome to socialist America.  



#15 WitchDoctor

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Posted 20 September 2019 - 03:50 PM

Whats difficult to understand is why it now takes two years.But in reality its not hard to understand.When your honest with yourself.Its not about to many appeals,not enough help.Its simply about getting as many foid cards back to ISP as possible.As with everything in Illinois.Its about control of the masses by a few politicians.Does anyone really think the Governor is concerned about weather or not your 2A rights are given to you ? And there aint a darn thing you can do about it.Zero,Zip,Nada.Welcome to socialist America.  

Sir, I believe you need to read more posts. I don't know where the are, but have read them in various threads over the years.

you fixed it though so you are good.


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