FredNickl

I've never seen it either.

Thank you!

ISP's relatively new emphasis on deadlines stinks. But all it does is delay things a bit. You've got options. My partner Bill Cisar is the expert on these damn deadlines, but he's out this week. Call us next week and he can walk you through what needs to be done.

The reason you got the FOID in the first place is because of 2 things. First, you did not disclose the prohibitor on the application. Second, ISP's background checks weren't as comprehensive back then. They get better every year, as more and more paper documents come online / are scanned. It is very common to see folks get their renewals denied for really old prohibitors. You have a couple of options, feel free to reach out (if you haven't already!)

Please give me a call. I will tell you exactly what your options are, and exactly how to accomplish what you need. In general, if you are out of state, but you have a prohibitor from Illinois, then YES you have a right to do an appeal, and probably should appeal. The type of prohibitor will make the difference in what type of appeal we must do. There is ALWAYS an opportunity to appeal, though sometimes the type of appeal or requirements to get it done are too difficult unless you've very motivated. If your rights are restored in Illinois (the state in which you lost the rights) then ISP will pull an electronic lever and your rights will be restored in all states and at the federal level. There may be an issue with the feds but that can be resolved with a VAF.

Not quite. ISP will give you a generic letter that gives you 2 bits of info: the month and year of the C&PD report, and the reporting agency (Assuming it was law enforcement based report, and not a physician or school administrator). From there you can try a FOIA to the police department, but MOST know that these reports are confidential and will deny the FOIA request. Occasionally a police dept. will give you the actual report. If so, great!

I posted this as a reply elsewhere, but figured it needed its own topic: As you can imagine, I deal with almost all of the licensed clinical psychologists in Illinois that do FOID evals on the regular. If you need contact info for any of these folks, let me know. There are only a handful of them! Here's everyone we've ever used, from memory: Dr. Ken Kessler (Dr. FOID) is always good. We've known him a long time, and he was the chairperson of the psychology board at IDFPR for a while. He knows what he's doing for sure. We've presented him as an expert witness at FCRB evidentiary hearings and at a circuit court de novo hearing. Dr. Ray Kim is always good, too. I've known him for quite some time, and he testifies well if needed at FCRB evidentiary hearings and de novo hearing in circuit court. He can sometimes be my 'go to guy' but I don't want to over use him. Dr Brenzinger - I've only talked to him once, but read a bunch of his forensic evaluations. He knows what he's doing. I have not presented him as an expert witness yet, but I'm sure he's testified plenty of times. Dr. Tetyana Kostyshyna is really great. She may be a cost effective option for some folks. She's presented VERY well when we've used her as an expert witness for hearings. I like her style and the FCRB was impressed with her responses when they cross examined her. Dr. Alexis Reynolds is good. I've seen evals from her, and my partner presented her as an expert at a hearing and said she did great. We really like using her on FOID appeals. Dr. Rod Hoevet is someone I've just started seeing evals from, and they've been good. I assume we'll use him as an expert soon! Dr. Monica Argumedo (MD) is a psychiatrist (unlike the above licensed clinical psychologists) and she does FOID forensic evals. I've had her for non-FOID cases, and she was great.

As you can imagine, I deal with almost all of the licensed clinical psychologists in Illinois that do FOID evals on the regular. If you need contact info for any of these folks, let me know. There are only a handful of them! Here's everyone we've ever used, from memory: Dr. Ken Kessler (Dr. FOID) is always good. We've known him a long time, and he was the chairperson of the psychology board at IDFPR for a while. He knows what he's doing for sure. We've presented him as an expert witness at FCRB evidentiary hearings and at a circuit court de novo hearing. Dr. Ray Kim is always good, too. I've known him for quite some time, and he testifies well if needed at FCRB evidentiary hearings and de novo hearing in circuit court. Dr Brenzinger - I've only talked to him once, but read a bunch of his forensic evaluations. He knows what he's doing. I have not presented him as an expert witness yet, but I'm sure he's testified plenty of time. Dr. Tetyana Kostyshyna is great. She may be a cost effective option for some folks. She's presented VERY well when we've used her as an expert witness for hearings. Dr. Alexis Reynolds is good. I've seen evals from her, and my partner presented her as an expert at a hearing and said she did great. Dr. Rod Hoevet is someone I've just started seeing evals from, and they've been good. Dr. Monica Argumedo (MD) is a psychiatrist (unlike the above licensed clinical psychologists) and she does FOID forensic evals. I've had her for non-FOID cases, and she was great.

Once portal is reset, you can apply, but be ready to file the appeal. Otherwise you'll end up having to do a portal reset and new app again.

Yes, apply for FOID but be ready to do appeal right after. So maybe wait until you've got everything lined up.

I do not think ISP will consider this straight forward. Yes, you are past 5 years, but a denial will likely include the felony arrest. Of course, the felony arrest is defeated by a records challenge proving you were only convicted of a misdemeanor. But combined with the MHA, it will slow the appeal down at the very least. I will say this - technically, you should receive the FOID quickly once you appeal, based on the law (assuming Dr. B signs off on a Mental Health Certification form).

You need to call and email the Assistant Attorney General that was on the other side of your case in circuit court. ISP is their client and they need to give you an update as to why the FOID has not yet issued.

IL Supreme Court sided with Will County. If you are out of state and would normally need to file a formal appeal in circuit court, you cannot unless you move back to Illinois. You would need to prove at hearing that you're a resident, and evidence would include things like getting a new DL, showing that you have a lease or deed and that you've lived here for a while, etc. It would be under oath, too.

It's not really an appeal anymore. We fought them on these and maybe a year ago (? can't remember) they changed their policy. All you need to do, if you wait 5 years after a qualifying mental health admission or clear and present danger report, is 1. reset your portal and reapply, 2. have a psychologist (preferably) submit the MH certification form at the exact same time, 3. submit the FDR and request for relief at the exact same time. If you do that, you will automatically get your firearm civil rights restored and get a FOID. As to your question about FDR - don't worry about it. I have clients file those 20 years late. Nothing happens.

Couple things: If you need a criminal defense attorney, meaning you've been charged with a weapons related offense, I don't think this list is that great. You will want the best criminal defense attorney in that town/area, it does not need to be someone that's done a lot of weapons charges defense. Just need a good crim def atty who knows the prosecutors and knows what the judges usually do on those cases in your area. If on the other hand you're looking for someone to handle a FOID or CCL appeal or anything relating to restoration of firearm civil rights, I can tell you that a decent part of that list on page 1 of this thread will simply refer you to my office. We do more than literally anyone at this point. I try to answer questions as much as possible on this forum, but that does not mean there is an attorney-client relationship.

If your license expired naturally during the revocation then yes, you must pay the renewal just like the everyone else. I do not remember you including that detail in your original post or I misread the post. Sorry

Your original training is good forever. No need to retake the course. Shouldn't have to pay $150 either, if you lost your CCL because your FOID was revoked.

Depends. If your timing is off on submitting documents, you can ask to reset portal to reapply to 'restart' the timing deadlines.

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.

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.

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.