FredNickl

Since last week, I've not talked to 30 folks that had C&PD revocations this month. The longest 'look back' window that ISP is using is about 4 years, which is absolutely insane.

From what I am seeing, my best guess is that a lot of these C&PD reports that local law enforcement sent in will probably NOT show that the person was an actual clear and present danger. My best guess -- until I get my hands on the actual reports -- is that local law enforcement used the reports to 'get back' at certain individuals or may have just filed a report for everyone that had a gun. IF that happened, it would be a good idea to research whether a civil rights suit of some kind could be filed for egregious and inappropriate submitting of C&PD reports. Interesting.

Great info and very interesting.

For years, I would get one call a month from a potential client who was revoked for Clear & Present Danger. Within the past 3 days, I've had 10 calls for this reason. At least one was based on a C&PD report likely filed 2 years ago, and two of them were for reports likely filed 1 year ago. The rest are similar, if we can determine the timing at all. Some don't recall a single interaction with police that could have ended in a C&PD report being filed. Extrapolating numbers, I am guessing that ISP revoked hundreds (if not many more) in the past week. Just FYI for anyone that gets a revocation notice this week - make sure you consider every interaction you've had for the past 2 years when trying to determine the reason ISP revoked you.

Looks like I already responded to you back in May. I have not changed my opinion since then.

I won't comment on the advice you are getting elsewhere, other than to say it conflicts with the advice that I would give. Why do you think that you don't need to obtain a forensic evaluation?

This doesn't track right. You are either revoked or not. If revoked, your appeal is either pending, denied, or granted. You can check the status of your appeal by using the portal to see whether you are still revoked. However, if your appeal was denied, this process will not tell you. You need to email ISP and ask for a status update - they are supposed to send you a letter letting you know if the appeal was granted or denied. If denied, you have a right to administrative hearing.

I was wondering about the negative numbers, too. Had a few clients reach out with negative numbers well into the 3 digits

I've been thinking about this some more. Because there has been some time lag between background check fail and confirming Active status with ISP, that eliminates there being a delay from feds picking something up for the first time and having to communicate to state. So, I wonder if there is a part of the background check app that is being filled out incorrectly. Maybe MollyB has an idea? 🤷‍♂️

What you need to do is request that your application / portal be reset. Doing that allows you to reapply. The word "denied" will be replaced by a box that says 'apply here'. Note that clearing your record will still usually result in CPD / CCSO filing an objection.

In my experience, you will not receive the ISP business file as part of any Informal Appeal and therefore, unless you can independently obtain the C&PD report from the local agency that submitted it to ISP, you will not know the particulars. You may be able to get the general facts (date, location, very short description of event) from ISP and that's it. You're expected to 'know what happened' and god help you if you don't describe it the same way to your evaluator as ISP thinks it went down. If your Informal Appeal is denied, then you will receive the ISP business file as part of your request for an administrative hearing. A lot of good that does you by then, but at least you can prepare for the hearing and give it to your expert (evaluator).

This year we’ve been getting informal appeals thru on this prohibitor in about 30-60 days. May be a quicker way but we always bulletproof the appeal as I don’t ever want to risk a denial then have to an administrative hearing.

There is an expedited process for law enforcement, check the FOID statute. The quickest I've won an informal FOID appeal is 48 hours, but that will require specific forms signed by your employer. Without the forms, I've won in about a week.

Not sure why someone needs an attorney when they've successfully obtained their CCL?

No, I believe you received bad advice. ISP has not dropped the evaluation requirement for MHA less than 5 years, and will not process your informal appeal without it.