Lawsuit challenging the FOID card

[C0untZer0]

I read about someone who lost their house, was homeless for a time, did get a job again and got back on their feet, and managed to hang onto their handgun through the whole process.

 

I think it might even have been on this forum...

 

I'll research it.

[C0untZer0]

Ya it was on this forum - someone Lee n. Field knows from another forum:

 

http://illinoiscarry...31

Edited March 10, 2013 at 05:54 PM by C0untZer0

[Grey Beret]

 

What would your propose the penalty be for non-compliance with the 30 day time limit?

 

 

http://ilga.gov/legi...73&SessionID=85

 

How about we push SB1760 which puts teeth in the 30 day limit.

 

Yes Bud, I know the penalty is paid for by us taxpayers but what else can we do?

Flog the head of the ISP? Throw their butts in jail? Can you think of a better alternative?

I'm open but for right now at least SOMEBODY is looking for an alternative to the status quo.

 

At least this bill would hold them accountable.

I like it. I still have nine years to go before it effects me, but this crap has got to stop. At first, I thought it was good people doing the best they could, but now it seems obvious that the problem is politically made.

Of course, it would take a super majority it both houses which means that maybe we should attach it to our carry bill

[Uncle Harley]

My wife and several other people I know are in that backlog. Was told by one of them that they just called this week about it. Expect a 30 day wait AFTER the check is cashed to BEGIN the processing. Once processing begins they say it could take up to 60 days after that now. 90+ days is the new norm.

 

They should be getting sued over this. They are purposely understaffing to cause this chaos. Youd think our reps and senators would get tired of the phone calls. They cant rush anybodys through anymore nowadays from what Ive heard.

 

I fear for how the permit system will be handled.

 

Sent from my Motorola Electrify using Tapatalk 2

 

 

I called my senator day 31 after the check was cashed and his Secretary called back 2 days later and said they printed it they are waiting to cash the check now I tell everyone to mail their check with delivery conformation

 

Sent from my C771 using Tapatalk 2

Edited March 10, 2013 at 07:39 PM by Uncle Harley

[Lou]

 

What would your propose the penalty be for non-compliance with the 30 day time limit?

 

 

http://ilga.gov/legi...73&SessionID=85

 

How about we push SB1760 which puts teeth in the 30 day limit.

 

Yes Bud, I know the penalty is paid for by us taxpayers but what else can we do?

Flog the head of the ISP? Throw their butts in jail? Can you think of a better alternative?

I'm open but for right now at least SOMEBODY is looking for an alternative to the status quo.

 

At least this bill would hold them accountable.

I like it. I still have nine years to go before it effects me, but this crap has got to stop. At first, I thought it was good people doing the best they could, but now it seems obvious that the problem is politically made.

Of course, it would take a super majority it both houses which means that maybe we should attach it to our carry bill

 

No supermajority needed. Just a simple majority as it has noting to do with home rule.

[Grey Beret]

 

Of course, it would take a super majority it both houses which means that maybe we should attach it to our carry bill

No supermajority needed. Just a simple majority as it has noting to do with home rule.

Except that Quin would veto it and we would have to override it with the supermajority

[GWBH]

My wife and several other people I know are in that backlog. Was told by one of them that they just called this week about it. Expect a 30 day wait AFTER the check is cashed to BEGIN the processing. Once processing begins they say it could take up to 60 days after that now. 90+ days is the new norm.

 

They should be getting sued over this. They are purposely understaffing to cause this chaos. Youd think our reps and senators would get tired of the phone calls. They cant rush anybodys through anymore nowadays from what Ive heard.

 

I fear for how the permit system will be handled.

 

Sent from my Motorola Electrify using Tapatalk 2

 

Maybe the CCW bill should have a provision that states you can start carrying if a processed permit is not in your possession within 30 days after application.

You carry 30 days after the date submitted via an insured letter receipt from the USPS.

And this would be better than abolishing the FOID... how?

 

Didn't say it would be better...

The context of the discussion I was speaking to was about the ISP intentionally dragging it's feet getting CCW permits out to applicants who've met the required elements to receive the permit.

[borgranta]

Why do we have to be the only state with a FOID card?

New jersey has a foid card too.

[xd9subcompact]

I have a friend that lost their Illinois FOID card. The only resolution was to re-apply for a new one.

On January 19, 2013, they filled out a new application and mailed it in.

On February 4, 2013 the check was cashed.

The Illinois State Police website says the time to process is supposed to be 30 days from their receipt of the application.

Repeated calls to the ISP inquiry line over the past several days resulted in a recorded message that says they are overwhelmed, and to call back later, then it hangs up!

Internet searches on the subject reveal articles that indicate 60 or more days to process an application. One article says that the March 2013 application numbers were an all time monthly record of over 70K. (that's $10 per application, in one month or $8.4 million annualized if this continues)

Today, the telephone call got through to a live person after being on hold for approximately 10 minutes.

The person responded that the application was submitted to the "background check" on March 1, 2013 and that it would be "some time" before the FOID card would be OK'd for processing.

When asked how much longer before it would be sent out, they were told that it would be hard to say exactly.

When asked if another 30 days would be reasonable, the response was that it would be several more weeks for sure.

This is going to mean that a FOID card application will take close to 4 months from application to receipt.

How will sending out a renewal notice 60 days in advance of expiration work for someone when it takes 120 days to turn the application into a ID card? I see a lot of new criminals by no fault of their own.

Edited April 5, 2013 at 05:18 PM by xd9subcompact

[cls74]

Beings that they use the DMV digital imaging for your photo I wonder why replacement or corrected cards couldn't be printed at SOS offices? I'm not talking about renewals or new applicants that require their full infringing process, just printing already approved cards that were lost, damaged or address/name change needed.

 

 

[WindyCityGuy]

I have a friend that lost their Illinois FOID card. The only resolution was to re-apply for a new one.

On January 19, 2013, they filled out a new application and mailed it in.

On February 4, 2013 the check was cashed.

The Illinois State Police website says the time to process is supposed to be 30 days from their receipt of the application.

Repeated calls to the ISP inquiry line over the past several days resulted in a recorded message that says they are overwhelmed, and to call back later, then it hangs up!

Internet searches on the subject reveal articles that indicate 60 or more days to process an application. One article says that the March 2013 application numbers were an all time monthly record of over 70K. (that's $10 per application, in one month or $8.4 million annualized if this continues)

Today, the telephone call got through to a live person after being on hold for approximately 10 minutes.

The person responded that the application was submitted to the "background check" on March 1, 2013 and that it would be "some time" before the FOID card would be OK'd for processing.

When asked how much longer before it would be sent out, they were told that it would be hard to say exactly.

When asked if another 30 days would be reasonable, the response was that it would be several more weeks for sure.

This is going to mean that a FOID card application will take close to 4 months from application to receipt.

How will sending out a renewal notice 60 days in advance of expiration work for someone when it takes 120 days to turn the application into a ID card? I see a lot of new criminals by no fault of their own.

 

 

I have been thinking about this for a wile but after reading your post I am going to send in an application for a replacement lost card. That way I will always have one, even if my regular one gets lost.

[C0untZer0]

We need someone to file a lawsuit

[cm.stites]

theres been one filed in madison county.. about 3 weeks ago now.

[wtr100]

I have a friend that lost their Illinois FOID card. The only resolution was to re-apply for a new one.

On January 19, 2013, they filled out a new application and mailed it in.

On February 4, 2013 the check was cashed.

The Illinois State Police website says the time to process is supposed to be 30 days from their receipt of the application.

Repeated calls to the ISP inquiry line over the past several days resulted in a recorded message that says they are overwhelmed, and to call back later, then it hangs up!

Internet searches on the subject reveal articles that indicate 60 or more days to process an application. One article says that the March 2013 application numbers were an all time monthly record of over 70K. (that's $10 per application, in one month or $8.4 million annualized if this continues)

Today, the telephone call got through to a live person after being on hold for approximately 10 minutes.

The person responded that the application was submitted to the "background check" on March 1, 2013 and that it would be "some time" before the FOID card would be OK'd for processing.

When asked how much longer before it would be sent out, they were told that it would be hard to say exactly.

When asked if another 30 days would be reasonable, the response was that it would be several more weeks for sure.

This is going to mean that a FOID card application will take close to 4 months from application to receipt.

How will sending out a renewal notice 60 days in advance of expiration work for someone when it takes 120 days to turn the application into a ID card? I see a lot of new criminals by no fault of their own.

 

 

I have been thinking about this for a wile but after reading your post I am going to send in an application for a replacement lost card. That way I will always have one, even if my regular one gets lost.

 

I think if you do that when the run the FOID number on the old card it will come up invalid ...

[cm.stites]

plus theres also this one now http://madisonrecord.com/news/s-2623-madison-county/254512-teen-sues-over-denial-of-foid-card-application-maag-cites-bidens-double-barreled-shotgun-quote

[C0untZer0]

Nice !

 

Very cool...

[wtr100]

plus theres also this one now http://madisonrecord...d-shotgun-quote

 

NICE - the poor lady will be 21 by the time it gets resolved but good on her

[Ron]

plus theres also this one now http://madisonrecord...d-shotgun-quote

 

Thanks for posting the link

[BobPistol]

Nice. Joe Biden did it again

[BackForward]

plus theres also this one now http://madisonrecord...d-shotgun-quote

 

Lol that lawsuit is trolling Biden hard, but it does have some strong legal grounds. I think it should win and reduce the FOID age to 18.

[skinnyb82]

There's a judge in ILSD, Judge Murphy. He's a Marine vet, Vietnam. I'll do some digging on PACER when I get home. If he drew the case then the ISP is all but boned.

 

Sent from my SCH-R530U using Tapatalk 2

 

 

[vezpa]

There is no way that she won't be successful. The parent signature crap is so unconstitutional it is unbelievable.

 

.

[Uncle Harley]

I have a friend that lost their Illinois FOID card. The only resolution was to re-apply for a new one.

On January 19, 2013, they filled out a new application and mailed it in.

On February 4, 2013 the check was cashed.

The Illinois State Police website says the time to process is supposed to be 30 days from their receipt of the application.

Repeated calls to the ISP inquiry line over the past several days resulted in a recorded message that says they are overwhelmed, and to call back later, then it hangs up!

Internet searches on the subject reveal articles that indicate 60 or more days to process an application. One article says that the March 2013 application numbers were an all time monthly record of over 70K. (that's $10 per application, in one month or $8.4 million annualized if this continues)

Today, the telephone call got through to a live person after being on hold for approximately 10 minutes.

The person responded that the application was submitted to the "background check" on March 1, 2013 and that it would be "some time" before the FOID card would be OK'd for processing.

When asked how much longer before it would be sent out, they were told that it would be hard to say exactly.

When asked if another 30 days would be reasonable, the response was that it would be several more weeks for sure.

This is going to mean that a FOID card application will take close to 4 months from application to receipt.

How will sending out a renewal notice 60 days in advance of expiration work for someone when it takes 120 days to turn the application into a ID card? I see a lot of new criminals by no fault of their own.

 

 

I have been thinking about this for a wile but after reading your post I am going to send in an application for a replacement lost card. That way I will always have one, even if my regular one gets lost.

 

I think if you do that when the run the FOID number on the old card it will come up invalid ...

 

Yip New number each time its issued

 

Sent from my C771 using Tapatalk 2

 

 

[skinnyb82]

Horsley v. Trame, 13-cv-00321 in ILSD. Ugh crap, Judge Stiehl is presiding over the case. The same Judge Stiehl who stomped on Shepard v. Madigan on grounds that...well, everyone's read the memorandum and order. Oops, Judge, looks like someone was wrong.

 

I've recapped the docket, complaint, and summons. Looking over the complaint, this is beyond cut and dry it's not even funny. It's being brought under Title 42 Section 1983. She can't get a FOID card because she's not 21, her parents won't sign paperwork for her to get one, she wants to buy a gun to defend her home, she can't own a gun without a FOID card, and the icing on the cake is that if she were to have a legal guardian, that would also mean that she is mentally handicapped or otherwise incapable of managing her own affairs and thus disqualified from owning a firearm.

 

http://ia601704.us.a...825.docket.html

Edited April 5, 2013 at 11:57 PM by skinnyb82

[kevinmcc]

Wonder if handgun age limit will be challenged anytime soon.

[skinnyb82]

I really like this...

 

"10. That on or about March 27, 2013, Defendant returned to Plaintiff her application, with a cover letter indicating that the application was “incomplete” because it lacked a notarized parental signature. Accordingly, Defendant has constructively denied Plaintiff’s application.

 

11. That Plaintiff has no legal guardian, as she is in excess of 18 years of age, and thus, is an adult, having reached the age of majority.

 

12. In fact, under Illinois law, it would be impossible to even appoint a legal guardian for Plaintiff, unless she was in some way disabled, which she is not."

 

Basically saying, it requires you to have a legal guardian, but if you have a legal guardian, then you can't own a firearm. Big Catch-22 there.

 

And to further rip on Biden,

 

"26. That by being denied a FOID card Plaintiff is being denied her constitutionally protected right to keep and bear arms, under the Second and Fourteenth Amendments to the U.S. Constitution, and thus, is suffering irreparable harm, as she cannot lawfully purchase or otherwise acquire and lawfully possess a double barrel shotgun, as suggested by Vice-President Joe Biden, or any other firearm for self defense."

[cm.stites]

that and if her lawyers been paying attention he will use the mosely case also that the judge ruled it was unconstitutional for the state to ask an adult for thier parents signature.

[mrpapageorgio]

I really like this...

 

"10. That on or about March 27, 2013, Defendant returned to Plaintiff her application, with a cover letter indicating that the application was “incomplete” because it lacked a notarized parental signature. Accordingly, Defendant has constructively denied Plaintiff’s application.

 

11. That Plaintiff has no legal guardian, as she is in excess of 18 years of age, and thus, is an adult, having reached the age of majority.

 

12. In fact, under Illinois law, it would be impossible to even appoint a legal guardian for Plaintiff, unless she was in some way disabled, which she is not."

 

Basically saying, it requires you to have a legal guardian, but if you have a legal guardian, then you can't own a firearm. Big Catch-22 there.

 

And to further rip on Biden,

 

"26. That by being denied a FOID card Plaintiff is being denied her constitutionally protected right to keep and bear arms, under the Second and Fourteenth Amendments to the U.S. Constitution, and thus, is suffering irreparable harm, as she cannot lawfully purchase or otherwise acquire and lawfully possess a double barrel shotgun, as suggested by Vice-President Joe Biden, or any other firearm for self defense."

Horsley v. Trame, 13-cv-00321 in ILSD. Ugh crap, Judge Stiehl is presiding over the case. The same Judge Stiehl who stomped on Shepard v. Madigan on grounds that...well, everyone's read the memorandum and order. Oops, Judge, looks like someone was wrong.

 

I've recapped the docket, complaint, and summons. Looking over the complaint, this is beyond cut and dry it's not even funny. It's being brought under Title 42 Section 1983. She can't get a FOID card because she's not 21, her parents won't sign paperwork for her to get one, she wants to buy a gun to defend her home, she can't own a gun without a FOID card, and the icing on the cake is that if she were to have a legal guardian, that would also mean that she is mentally handicapped or otherwise incapable of managing her own affairs and thus disqualified from owning a firearm.

 

http://ia601704.us.a...825.docket.html

 

Would Mosley force her to change her mindr? I would be using that if I were here defense lawyer.

[skinnyb82]

As would I. I'm not sure whether he's aware as I'm guessing (wildly) that Maag is a tort lawyer specializing in asbestos litigation.. Again, wild guess. There's some wonky stuff going on down there. A few years ago, Maag's father Gordon Maag ran for a seat on the Illinois Supreme Court and lost, apparently his opponent had some quid pro quo thing set up where State Farm would chuck a giant settlement in exchange for backing his campaign. So now State Farm (among others) has been sued for under the RICO Act. Uh yeah, I'll take "Judicial Hellholes" for $500, Alex.

[BackForward]

Wonder if handgun age limit will be challenged anytime soon.

 

The constitution states: The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under etc,.."

 

So technically any law forbidding someone from owning a firearm from the age of 17 is unconstitutional.