Jump to content

Rick T

  • Posts

  • Joined

  • Last visited

Rick T's Achievements

Welcome New Member

Welcome New Member (1/24)

  1. Thank you both. Your time and insight is very much appreciated. I will move forward with it and then update here if/when I have any news.
  2. It was completely Expunged. It was previously a sealed record but I petitioned the Court and it was ordered to be Expunged earlier this year. Recently, I received letters from LE agencies including the ILSP confirming they have followed the Court order and completed the Expungement of the record. Thank you for the information -- I will save all of this. Much appreciated.
  3. UPDATE and need help please: I have updates and wanted to get your more-experienced perspective and any possible advice please. Background: I was denied because of a juvenile record and a mental-health prohibitor. Criminal Record Expungement is complete. It is confirmed that my juvenile record has been expunged; I have the letter from the IL State police stating they have processed the court order to expunge the record. I have no adult charges ever; so I have a clean record. Mental-Health was greater than 5 years ago and I now have a psychologist's certification in my favor. I have just completed a mental-health certification. As mentioned earlier this year, my one-and-only mental health issue (a voluntary stay in the hospital because of anxiety/depression after a very difficult divorce; where it was determined I have no mental health issues, was not given any med, and was released with a favorable report after the minimum required 72 hours observation) had occurred 10 years ago. The licensed psychologist is submitting an official certification on my behalf. My question and concern: My FOID application was denied March 03, 2020. Therefore it has been greater than 60 days since my denial letter. For example, Section 1230.70 (b)(2) Appeal: “Individuals who wish to request relief from the Department shall provide written notice of this intention to the Firearms Services Bureau, Appeals Unit within 60 days after receipt of the notice that their FOID application is denied or their FOID Card is revoked to begin the appeal process.” https://ilga.gov/commission/jcar/admincode/020/020012300000700R.html What does someone do if it has been greater than 60 days (such as in my situation) since they were denied? I now meet all listed requirement to be approved (I no longer have the juvenile record and I have a mental-health certification for an issue that was greater than 5 years ago). How do I appeal or apply now that it had been well over a year since my denial? In addition, at the bottom of the "request for FOID appeal" form it clearly states: "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." https://www.ispfsb.com/Public/Firearms/FOID/AppealRequest.pdf However, my criminal record is now expunged so I no longer have the prohibiting charge. How do I appeal or re-apply now that I no longer have a criminal record and I am no longer someone with an "adjudication as a delinquent minor for the commission of an offense that if committed by an adult would be a felony?" But the my ISPFSB record/account shows my previous denial. Any help would be greatly appreciated. I cannot afford attorneys etc. (it took a year to afford the mental-health cert). I've been working on this for so long now and just want to enjoy my God-given and Second-Amendment protected Rights. Thank you
  4. nice. congrats on getting your FOID back. Best wishes on the CCL -- I pray you may exercise your full 2A rights soon (I think our Foudners took rigths very seriously and meant what they wrote in the Constitution).
  5. Hello everyone, I have been a member here for some time (looks like one year as of today) but do not post as I wanted to take my time to read and learn as much as possible first and not waste anyone’s time etc. My apology if this post is longer than most, but I am now at a dead-end and need to ask for help so I will try to include as much information as possible. I cannot afford an attorney (I tried for a year to raise funds for it, it is simply out of my range – I needed the FOID for a job opportunity). Therefore, I need to represent myself pro se. Nonetheless, I have spoken with a few kind attorneys that have been very helpful and shared information – I appreciate their help but simply cannot afford to hire them to handle this for me. In addition, I have studied the FOID Act and strongly believe I will meet (And can demostrate that I meet) all stated criteria required for the Circuit Court to grant an order that my FOID be issued. [from the FOID act] Appeal to director; hearing; relief from firearm prohibitions (430 ILCS 65/10): [c] Any person prohibited from possessing a firearm under Sections 24-1.1 or 24-3.1 of the Criminal Code of 2012 or acquiring a Firearm Owner's Identification Card under Section 8of this Act may apply to the Director of State Police or petition the circuit court in the county where the petitioner resides, whichever is applicable in accordance with subsection (a) of this Section, requesting relief from such prohibition and the Director or court may grant such relief if it is established by the applicant to the court's or Director's satisfaction that: (0.05) when in the circuit court, the State's Attorney has been served with a written copy of the petition at least 30 days before any such hearing in the circuit court and at the hearing the State's Attorney was afforded an opportunity to present evidence and object to the petition; (1) the applicant has not been convicted of a forcible felony under the laws of this State or any other jurisdiction within 20 years of the applicant's application for a Firearm Owner's Identification Card, or at least 20years have passed since the end of any period of imprisonment imposed in relation to that conviction; (2) the circumstances regarding a criminal conviction, where applicable, the applicant's criminal history and his reputation are such that the applicant will not be likely to act in a manner dangerous to public safety; (3) granting relief would not be contrary to the public interest; and (4) granting relief would not be contrary to federal law. I meet these criteria and feel It is very likely, if I may see a judge, I may be granted a FOID card (note: I am a resident of a relatively small conservative county). The only problem I am having is finding any template or example of how to draft my petition. All I need to do is file and get a court date, but I am having trouble finding any form or template. I’ve searched for months – I visited county clerks in two counties, searched online, watched lawyer videos, and asked around – no luck. I would go file with the county clerk tomorrow, if I could just find out what I need to list and how I need to format it to draft a petition. Do any of you know where I may find a form, template, or example so I may write my petition and been seen in court? I feel that all other needs are in order and covered including police willing to write letters on my behalf or even appear in court, psychologic evaluation, potential employer (retired law enforcement) willing to write a letter regarding the job I may get if I may carry etc. I’ve eve recently been successful pro se in getting an order to expunge the record up north in the county court where the juvenile charge occurred. --- Here is the background on my situation in case it may help others learn: In the mid-1990s as a teen (legally a juvenile NOT adult) I pled guilty to a crime which, if I were an adult, would have been a class-3 felony. Also, a decade ago under my own power and choice, I voluntarily admitted myself to a hospital because I wanted to talk to someone about the depression I was enduring as a result of significant financial loss from the historic “credit crisis” of the late 2000s and a tough divorce I was going through. This visit resulted in me admitting myself and staying overnight for two nights (three days total counting the day of admission). My hospital records from that stay are very positive and I was not found to be a threat to myself or others (I was released by the doctor’s recommendation); not given any meds and not diagnosed with any mental health issue. I have recently found a clinical psychologist that evaluated me and is supportive of me having my 2A rights. Last year I was presented with a job opportunity which would require me to carry. I needed to first get a FOID card so I applied. Because my charge was juvenile, I answered “no” to the question regarding felonies and because my hospital stay was great than 5 years ago. This was an honest mistake – I was ignorant to the technicalities and did not know those things would prohibit me (I would never have applied without first addressing these things, if I knew they would be an issue). •Prohibitor (Adult - Adj del - felony): 430 ILCS 65/8 (p) - An adult who had been adjudicated a delinquent minor, under the Juvenile Court Act of 1987 for the commission of an offense that if committed by an adult would be a felony. Remedy: Pursuant to 430 ILCS 65/10, the Director of the Illinois State Police (ISP) cannot grant relief for this type of offense, however, the FOID Act does provide that you may petition, in writing, the circuit court in your county of residence when at least 10 years has passed since the adjudication of delinquency. •Prohibitor (Mental > 5 yrs, No cert): 430 ILCS 65/8 (u) - A person who has had his or her Firearm Owner's Identification Card revoked or denied under subsection ( e ) of 430 ILCS 65/8 or item (iv) of Section 4 of the Firearm Owner's Identification Act because he or she was a patient in a mental health facility, shall not be permitted to obtain a Firearm Owner's Identification Card, after the 5 year period has lapsed, unless he or she has received a mental health evaluation by a physician, clinical psychologist, or qualified examiner and has received a certification that he or she is not a clear and present danger to himself, herself, or others. Remedy: To obtain approval for a FOID card, pursuant to 430 ILCS 65/8(u), submit a Mental Health Certification for Firearm Possession form to the Illinois State Police Firearms Services Bureau. Also, you submit an appeal to challenge the accuracy of the record used to determine your firearm eligibility. SOURCE: Illinois State Police Firearm Service Bureau https://www.ispfsb.com/Public/Firearms/AppealOptions.aspx and this information was also listed on the back of my FOID application denial letter I am almost there.All I need now is to write a petition and get a court date.Any help is greatly appreciated.Thank you
  • Create New...