icbs

Thank you everyone. My card arrived yesterday! So yeah, once your first appeal is denied then the administrative hearing process is the next step. To get the process started I sent both an Email and a certified USPS letter to the FSB. It took a LONG time and lots of Emails and faxes and phone calls to get someone to get back with me on my hearing date. The FOID ILCS has some legal references to these hearings but the biggest legal reference my attorney called on was under Illinois Administrative Code "Title 20: Corrections, Criminal Justice, and Law Enforcment Chapter II, Department of State Police, Part 1230, Firearm Owners Identification Card". In specific, mine fell under section 1230.70 for an appeal on a mental health related case. The hearings are conducted in front of an Administrative Law Judge in an informal to semi-formal setting. ISP has a rep from their legal team and a rep from the FSB. My hearing was right at ISP HQ in Springfield in the first floor conference room. My attorney questioned me based on my most important evidence. The the ISP attorney questioned me based mostly on my medical file and some criminal allegations against me from the past. The Judge had questions for both sides. Closing statements were given. It lasted about 2.5 hours. The Judge would not grant a decisiton that day as she wanted some time to review my file in detail. There were a lot of documents with my case and even in 2.5 hours they were not all reviewed, just the key ones. Then, in about 3 months, a pack of papers was mailed to me and my attorney outlining the facts of the case and the decision the Judge made and her legal basis for making it. There was also a signed letter in there from the Director of ISP. All in all, again, this restored my faith in the process. We all know the FSB is busy but dealing with their people I felt like I was dealing with the Borg collective from Star Trek in which every member of the collective answered every question the same: "Your case is under review. You will be notified when any decisions are made". Once you get past them to the Hearing Process and start corresponding with the ISP Legal team, you feel like you are talking to individual humans again who have a positive interest in working with you and resolving your case. I hope this was helpful.

Thank you Sir! My attorney complained about that very issue you bring up. Another thing I forgot to say was that the Administrative Law Judge was really good too. I would be saying this even if I had lost. During the hearing the Judge never once copped an attitude with me or made any comments that made me feel any bias. I was challeneged by the Judge with some things, but so was ISP. The Judge came from an external law firm and was not an ISP attorney. I hope my story can give others hope.

-Checked myself in for mental health treatment in early 2012 -Lost FOID -Reapplied in early 2013 -Denied -Appealed to ISP -Appeal to ISP denied -Appealed again and requested Administrative Hearing - Had hearing in August 2014 - FOID granted!!! Anyone need an attorney who can make it happen for you, I got a name for you. This was his first FOID Administrative Hearing and he was honest with me up front and told me he wasn't sure what was going to happen or how it would go. What surprised me a lot was when you get through the Firearms Service Bureau and start dealing with ISP Legal staff, they are very reasonable people. The ISP attorney who did my hearing was an honest and respetable man. He called it like it was. But to get to that point you have to go through all the FSB first. Any questions feel free to ask and let me see if I can help you.

I payed an attorney to find out more about these Administrative Hearings. He is trying to get the real scoop on if there is really hope in having one, or if you have alraedy lost by walking in the door. He said if he finds out the odds are already stacked against me he will not let me pay him to continue. At that point I will just go PRO SE as I will only be out some time and one day of work. He first was going to try to bypass the Administrative Hearing and go straight for circuit court, but he said in a situation like mine that is not possible until after 5 years (from the time I had mental health treatment). He plain flat told me he does not trust the Administrative Hearings, but he is trying to refute his own opinions and get some real facts about them. I will let you guys know what he finds out.

I've lived in Illinois all but one year of my life and there are a very long list of things I love about this State.. But the corruption has got so bad that it really has compelled me to consider leaving and going to where 3000 Illinoisians a month move to; Texas... Between me and my FOID card and then watching some friends of mine fight DCFS who took their son with ZERO grounds, I feel like this State is no better than one big prison. Who can be trusted?

If a Kangaroo court means "No looking at any facts or using any logic... Just taking in all of these """"loosers"""" who want their FOID card and acting like buerocrat robots... And putting as little as required into one of those """""bad""""" peoples' (already pre judged because someone before me said they were 'bad", and I best agree with it if I want to give myself a nice pink Care Bare Pillo that makes me feel I can keep my job) appeal just to keep our job, then yes, I understand what a Kangaroo court is.....

False. It is not a full court hearing. But the judgment is treated as if it were done by a court of competent jurisdiction. Its rules of evidence are not as formal as a regular court. In fact, hearsay is permitted in many administrative hearings. In an administrative hearing, the complaint is considered true unless you rebut it. So the parking ticket, administrative summons, or in this case, a FOID revocation's reason, is considered true, unless you manage to rebut it. You're guilty until proven innocent, the complete opposite of the criminal justice system. Administrative hearings are a way of using a civil procedure to deprive people of their civil rights. Thank you for the info. What I don't understand is why they didn't grant my relief based on the documents I provided. My psych eval was 100% positive and said that I was no threat to myself or society to have firearms. Not to mention the big pile of other documents I had in addition to that. Why drag it on?

Thank you Sir, I replied.

We all know how much these people fear any kind of accountability. I may use the Freedom of Information Act to compel them to answer some of my questions about these Administrative Hearings if I don't get my answers elsewhere. I used the FOIA and got names and contact info, including Email addresses, for the entire phase-1 appeal review panel. I didn't end up mass blasting all of them when an Email, but I was darn close to doing so.

I have indeed. I sent a Certified letter to ISP yesterday requesting the Administrative Hearing. I also Emailed it to a Sergeant I have been talking to at ISP. I also asked the Sergeant how long I can expect, ballpark, before my hearing date is scheduled. He would not give me a ballpark answer in weeks, months, years, anything. All I want to know was is it 1-month, 6-months, 2-years, just a ballpark is all.

Thank you. I was considering retaining a lawyer, but I don't want just any, I want one with a proven track record in these Administrative Hearings who is an expert on this kind of law. Otherwise, I will represent myself.

Elmer, It took them over a year, from April 2013 to June 2014.

Hello. I am in process of appealing my FOID card denial because I voluntarily checked myself into a mental health facility a couple years ago after a whole string of life events. I reapplied for FOID, got denied, got a psych eval and passed easily, filed for relief with the psych eval and well over 100 supporting documents, they denied relief. Now I am waiting on the Administrative Hearing to be scheduled. From the time you request the hearing, how long is it before the Administrative Law Judge schedules it? Thank you for any info you have, I. Call. Bull. Stuff