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FredNickl

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  1. Not that this applies to 'less than 5' but I got a 'more than 5 years' appeal granted in 10 days last month. Processing times can be all over the place.
  2. Assuming you were not charged in juvenile court and assuming the charge was truly amended, this would be an Informal Appeal and you can follow the appropriate checklist published by the FSB.
  3. Mental health admission is a prohibitor regardless of time that has elapsed since the admission. However, a different standard is applied if your admission is more than 5 years old.
  4. I disagree with anyone that says you should first expunge. In my opinion, and I am not offering legal advice through this forum, you need to simply file an Informal Appeal based on this specific prohibitor. My appeal times range between 60 and 180 days (assuming you don't need the firearm for work).
  5. I agree. First choice is your primary care physician. Unless you have been getting meds from psychiatrist, in which case ask THAT treater to complete the form. Ask them for a copy, too.
  6. Use the trainer to do it, BUT make sure they give you the login and password they used to set up the portal, and then change it when you get home. I've talked to too many folks who didn't think it was necessary to get the info that the trainer's office used to set up the portal for their class attendee until it was too late.
  7. You equated "been a patient" with "have you been treated for", which is not the same thing. See the definition of "patient" from the statute. Therefore, you "inadvertently answered YES" to a question that required a "NO" answer. This would be an informal appeal. "Patient" means: (1) a person who is admitted as an inpatient or resident of a public or private mental health facility for mental health treatment under Chapter III of the Mental Health and Developmental Disabilities Code as an informal admission, a voluntary admission, a minor admission, an emergency admission, or an involuntary admission, unless the treatment was solely for an alcohol abuse disorder; or (2) a person who voluntarily or involuntarily receives mental health treatment as an out-patient or is otherwise provided services by a public or private mental health facility, and who poses a clear and present danger to himself, herself, or to others.
  8. This is what I've been telling folks for at least a decade. Unless they have a specific reason to need expungement like for employment purposes, expungement does not help remove anything from online sites.
  9. Those are some of the administrative rules found in the Illinois Administrative Code. Every state agency is mandated to create rules for the administration of whatever statute gives them power. It's where the details are found that are too messy, numerous, or tedious for inclusion in the statute. The pdf you link to is the checklist for appeal of normal felonies that don't trigger the requirement for formal appeal. Out of state applicants need to do an informal appeal as best they can in order to restore their firearm rights without obtaining the FOID.
  10. Anecdotally, I believe most FOID informal appeals take between 1-4 years. I try to have my appeals processed by ISP and granted between 2-6 months. Lately I have had a couple of decisions about 6 weeks after my FedEx arrives in Springfield. But it is always hit and miss and the appeal's complexity has to be considered when evaluating timeframes.
  11. Although burglary is a forcible felony and would normally require a formal appeal to the circuit court in the Illinois county in which you live, if you are out-of-state I have the latest news from the (now former) Chief Legal Counsel for ISP that they will accept an informal appeal and if they grant relief, the prohibitor will be removed from the nonresident's background, but a FOID card will not be issued (unless the nonresident moves back to Illinois). Hope this helps. That is actually very encouraging Mr. Nickl. My concern is this part of thier message "The Illinois State Police Office of Firearms Safety has received documents for the appeal of your denied FOID card. The Office of Firearms Safety CAN NOT approve your FOID card without the proper relief document from the Circuit Court." That makes me think they already believe that I have begun an appeal, when I actually haven't done anything but send them an email requesting info. And they are saying that I must obtain relief from the Circuit court. I wouldn't know how to go about initiating an informal appeal, but I will certainly look in to it. If anybody can nudge me in the right direction, I would greatly appreciate it. As sometimes happens, there is a likely disconnect between the information in the letter that you receive and the actual procedure. Here, I would reach out to Springfield and reorient them to the fact that you are a nonresident seeking relief from a prohibitor, NOT that you are seeking a FOID card. Then I would file an informal appeal or at least the best approximation of one because there is no "checklist" for this situation.
  12. Although burglary is a forcible felony and would normally require a formal appeal to the circuit court in the Illinois county in which you live, if you are out-of-state I have the latest news from the (now former) Chief Legal Counsel for ISP that they will accept an informal appeal and if they grant relief, the prohibitor will be removed from the nonresident's background, but a FOID card will not be issued (unless the nonresident moves back to Illinois). Hope this helps.
  13. I get at least 10 calls every day re: FOID/CCL, and I've heard a handful of people in the last month mention this 10 years of addresses thing...
  14. The statute lists Clear and Present Danger (CPD) as a prohibitor: (f) A person whose mental condition is of such a nature that it poses a clear and present danger to the applicant, any other person or persons or the community A law enforcement officer can file a report claiming that you are a CPD and here is the statute section (there is also a form online that law enforcement can download, fill in, and submit to ISP: (d) If a person is determined to pose a clear and present danger to himself, herself, or to others: (1) by a physician, clinical psychologist, or qualified examiner, or is determined to have a developmental disability by a physician, clinical psychologist, or qualified examiner, whether employed by the State or privately, then the physician, clinical psychologist, or qualified examiner shall, within 24 hours of making the determination, notify the Department of Human Services that the person poses a clear and present danger or has a developmental disability; or (2) by a law enforcement official or school administrator, then the law enforcement official or school administrator shall, within 24 hours of making the determination, notify the Department of State Police that the person poses a clear and present danger. Finally, here is the definition of what CPD is: "Clear and present danger" means a person who: (1) communicates a serious threat of physical violence against a reasonably identifiable victim or poses a clear and imminent risk of serious physical injury to himself, herself, or another person as determined by a physician, clinical psychologist, or qualified examiner; or (2) demonstrates threatening physical or verbal behavior, such as violent, suicidal, or assaultive threats, actions, or other behavior, as determined by a physician, clinical psychologist, qualified examiner, school administrator, or law enforcement official. I can say this - I went years without a CPD denial/revocation case and have now handled 4 in 2021 alone.
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