FredNickl

Agree. I usually refer those to an atty I know to go before a judge and get a court order mandating the release of the firearms. But it's usually not cost effective to pay the atty fee compared to what the 1-2 guns surrendered would cost to replace. If you surrendered a bunch of guns or have an expensive piece, definitely fight it.

The ISP letter controls unless it's a mistake. First thing to do here is contact ISP Legal Counsel and see if there's a mistake. Second question to ISP Legal Counsel is to issue a corrected denial letter that lists the actual prohibitor. From there, you do the appeal. This is most likely an informal appeal, but need to confirm with ISP first. Finally, FOIDRB does not do the triage and is not involved unless ISP gives them the file. ISP does the triage and determines what type of appeal applies before referring to FSB or FOIDRB.

I have this info elsewhere on the site, but here is the current state of the law-- For out-of-state residents with Illinois prohibitors that need to restore their firearm civil rights in Illinois: 1. If the prohibitor would trigger an informal appeal if they were a resident of Illinois, then they simply do the same informal appeal that they would as if they lived here. 2. If the prohibitor would trigger a formal appeal (filed in circuit court) if they were a resident of Illinois, the case USED TO BE that we could file the appeal in the county in which the conviction occurred. We did this a lot. Then whoever handled the Robert Snedeker case ended up having the appellate court to declare that out-of-state residents in this situation are SCREWED, they have no remedy. Game over. We are waiting for the Illinois Supreme Court to fix this. As soon as that happens, we'll go back to filing formal appeals for out-of-state residents. To answer your specific question, you need to determine if he has a forcible felony, a firearm related felony, a felony drug conviction that is Class X, 1, or 2, or a juvenile adjudication for something that would have been a felony had he been an adult. If so, he is screwed until the IL SC fixes the Snedeker mistake.

Response time varies. You can rest your portal just by asking ISP. The correct email address is on their website. Resets generally go quickly.

I agree. Reset portal, reapply, get denial, deadline kicks in to appeal, make sure to ask ISP to hold original appeal materials for up to 120 days, you should be OK.

We split off all our firearm defense / appeals from our main professional licensing (IDFPR) website. Easy way to reach me or ask questions via the new site: www.foidappeals.com

We split off all our firearm defense / appeals from our main professional licensing (IDFPR) website. Easy way to reach me or ask questions via the new site: www.foidappeals.com

No. You have to wait, and if it was firearm related, you will definitely get an objection.

FOID and CCL totally different statutes, so the fact your FOID is active is irrelevant to what will happen to your CCL application. Are you in Cook County? Then expect an objection from CPD or CCSO, especially if your charge was violence, drug, or firearm related. Monitor your portal, don't want for anything to arrive in the mail.

I remember that! Thank you for helping out

I've got hundreds but they're all confidential LOL

File new application, include mental health cert over 5 years to be submitted directly by physician to ISP, and you'll be granted a new FOID.

I do not yet know whether these mental health reports will be used as a Clear & Present Danger report, i.e. leading to even more FOID revocations, but here's the most recent amendment to the rules (relevant parts bolded): ISP also adopted amendments to the Part now titled Uniform Crime Reporting (20 IAC 1244; 47 Ill Reg 691) effective 5/8/23, implementing requirements of the Uniform Crime Reporting Act. The rulemaking changes the name of the Part (formerly Use of Force Reporting), adds a Subpart heading to existing provisions for use of force reporting, and adds a new Subpart outlining provisions for mental health crisis reporting by local law enforcement agencies. A mental health crisis is defined (both in statute and in this Part) as an instance in which a person’s behavior puts them at risk of hurting themselves or others or prevents them from being able to care for themselves. All Illinois law enforcement agencies must report to ISP on a monthly basis any incidents in which an officer was dispatched to respond to a person experiencing a mental health crisis or incident. Reports must be made electronically using a form posted on ISP’s website and must be submitted by the 15th of the month following the month for which the report is made. Reports must include the level of response (sworn officer, crisis intervention trained officer, SWAT team, social worker, psychologist, ambulance, other) and the outcome of each incident (subject released on own recognizance or to family member, arrested, admitted to mental health facility voluntarily or by an officer, other). Mental health dispatch calls in which officers are unable to locate the subject and do not file a field report must also be reported. The duty to report an incident is based on the reason for the dispatch rather than the outcome of the incident. Incidents in which the original dispatch was not in response to a mental health crisis or event (even if officers subsequently determine a mental health issue was involved), or in which officers respond to an Illinois State Police Emergency Radio Network (ISPERN) alert or emergency broadcast without having been specifically dispatched to respond, are not to be included in these reports. Local law enforcement agencies are affected by this rulemaking. Questions/requests for copies of the 2 ISP rulemakings: Kelly M. Griffith, ISP, 801 S. Seventh St., Suite 1000-S, Springfield IL 62703, 217/782-7658.

If the only prohibitor was a pending felony case, if that felony case is dismissed with no plea, file a Records Challenge. You can find the MINIMUM requirements on the ISP website. I always give more and try to bulletproof the appeal as much as possible, but you can get by with the minimum. Because this isn't before the FOIDRB, there are NO timing requirements or deadlines at play here.

I agree with this. Are you in Cook County? Then you may or may not get an objection. If you're elsewhere, very unlikely.