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411 from ISP on board review


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I just received a letter today from the State Police and it says

 

In reviewing your your application for concealed carry license,

The Illinois state police received an objection to your eligibility

from a law enforcement agency . Pursuant to 430 ILCS 15 (a)

The objection was submitted to the concealed carry licensing

Review Board.The Board has notified the Department that it has

determined by a preponderance of the evidence that you do not

pose a danger to yourself or other/are not a threat to public safety,

And are, therefore, eligible for a concealed carry License.

The Illinois state police will resume the processing of your application

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From what I've read, the only way to give them more information is after you get a denial letter and file an appeal. I have yet to read anything anywhere where there was a request for more information other than an issue with address, name, certificate and so on. But again, all this is pure speculation considering the ISP is being less than transparent about this process. And plus, it IS illinois. I didn't have high expectations.
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I just received a letter today from the State Police and it says

 

In reviewing your your application for concealed carry license,

The Illinois state police received an objection to your eligibility

from a law enforcement agency . Pursuant to 430 ILCS 15 (a)

The objection was submitted to the concealed carry licensing

Review Board.The Board has notified the Department that it has

determined by a preponderance of the evidence that you do not

pose a danger to yourself or other/are not a threat to public safety,

And are, therefore, eligible for a concealed carry License.

The Illinois state police will resume the processing of your application

Congratulations.

I wonder if all the pressure they have been getting from here is making them take a more particle look at these and they are done with just denying people because it's easier.

Let's hope more folks under board review get the same.

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Jaystrum I have received a request from the review board and they asked me the same question 2x and in each case they got another 30 day extension. They dont' have any legal grounds to deny me so they are just going to make me wait. I truly hate this state, always have and will move out if I get denied.

Was the question at least relevant? I'm even surprised they didn't just assume they knew everything. Part of me figured they just wouldn't bother asking and just deny. I have been less than hopeful about my application after reading what a travesty this has all been so far. The least they could do is inform people of the process in a little more detail.

 

I'm starting to think I should have waited. Lol

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I disagree with this statement . I received a letter from ISP stating my license was denied due to the fact they have determined I do not posses a valid foid card. I have verified the validity of my foid card at my local FFL . It is valid , comes back with a proceed response. The fact that ISP does not know I have a vaild FOID is either incompetence or a willful dishonest act. I sent an appeal in disputing the validity of my FOID card. The appeal contained information verifying that my foid card is in fact valid . ISP received this appeal by usps certified mail 5 weeks ago . Still no word from them . I have called and left respectful messages on the answering machine . I have sent an respectful email requesting the status of my appeal and surprisingly no response from ISP. They can't even send an email back saying they have received my appeal and it is under review! This is a deliberate act which is willful and wanton on their part. It is naïve to think that ISP is working honestly to provide everybody who is qualified and has applied an CCL . To the contrary they are trying to find a reason to disqualify anybody who is qualified. Remember this is Illinois and ISP is above the law.

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The ISP is reporting that FOID cards that have been restored after being revoked are not valid for concealed carry. There is ongoing discussion between the ISP and ATF about whether or not the right to be in possession of firearms restored in IL were done so correctly according to the ATF.

 

ISP says the concern is that although IL has recognized the restored right, will federal law enforcement agencies recognize it? If someone with a restored FOID, is issued a carry license and is stopped or arrested outside of IL, will they be viewed as violating federal law?

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ISP says the concern is that although IL has recognized the restored right, will federal law enforcement agencies recognize it? If someone with a restored FOID, is issued a carry license and is stopped or arrested outside of IL, will they be viewed as violating federal law?

 

Makes no difference what state they are arrested in, if the Feds don't recognize the restored right they don't recognize it and if arrested by a Federal agency even within IL the failure to recognize would apply... This is also above and beyond the scope of CC, as the IL CC card is only 'valid' in IL just like the FOID... Seems like just another excuse, but since the law does not provide them 'time' to figure out their excuses, they need to get off their collective butts and stop making excuses...

Edited by RockerXX
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Nonsense! The ATF does honor it and it says so on their web site . (www.atf.gov/firearms/faq/general.html#firearms-relief) Also read what federal law says

( 18 USC 921 (20) B) Federal law dictates that under a restored 2nd amendment right the federal government looks to the laws of the jurisdiction were the revocation took place. If that revocation is reinstated by that jurisdiction Federal law honors it. It's right on the form 4473 also! look at question 11c it says in parenthesis (see instruction for 11c) Go read what those instructions say. Also, 430 ILCS 65/10 The final paragraph just after (iv) specifically states ( If relief is granted under this subsection or by order of a court under this section, the Director shall as soon as practicable but in no case later than 15 business days , update, correct , modify, or remove the persons record in any database that the Department of State Police makes available to the national instant criminal background check system and notify the United States Attorney General that the basis for the record being made available no longer applies) What does (no longer applies mean) exactly what it says!!!! Federal Law dictates that they honor it! Another state may not honor it . Can you tell What is the point of notifying the united states attorney general if they don't honor it anyway? Federal law does and it is very, very clearly written within the laws.

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The truth is. ISP disagrees with the law, They disagree that somebody who had their rights revoked but then restored by lawful means should ever be able to have the right to defend themselves or their family outside their home. Even though that is a right guaranteed to us by the constitution and affirmed by the Supreme court recently by way of Heller. Now they have made up false allegations and denied a CCL on false premises as a stall tactic while they go out of their way to pursue revoking foid cards with no basis. There are many documented cases that ISP fought of people who pursued relief and they lost. Where was their argument then over the years in these cases that it is against federal law. There wasn't any because it wasn't against federal law then and it still is not now. Michigan has issued CCL 's to residents who had their 2nd Amendment rights revoked but then restored. Alaska restores rights and anybody can open carry provided they are over 21. No problems with federal law their either.

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The ISP is reporting that FOID cards that have been restored after being revoked are not valid for concealed carry. There is ongoing discussion between the ISP and ATF about whether or not the right to be in possession of firearms restored in IL were done so correctly according to the ATF.

 

ISP says the concern is that although IL has recognized the restored right, will federal law enforcement agencies recognize it? If someone with a restored FOID, is issued a carry license and is stopped or arrested outside of IL, will they be viewed as violating federal law?

Shall I file another FOIA request...on top of everything else?

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What's the point we know what federal law says . They honor it. It's just more dishonesty from ISP.

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It's already in writing . Federal Law 18 USC 921 (20)

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I did not mean any disrespect in my comment fudd . I know you are doing a lot to help others on this site. I was just stating my opinion.

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  • 2 weeks later...

I applied 1/4 in Cook County.(Schaumburg)

Was rejected in February (they said they couldn't read my training cert, uploaded same exact photo, which was accepted), back under review..

Went board review on April 13th.

It's almost 30 days later now.

I'm a US Veteran with FOID and Permits from UT and AZ, and have held in NC.

I've never been cuffed, arrested or spent a day in jail. Never had substance abuse problems of any kind, nor been in any mental facility.

During my divorce 4 years ago, my ex called the police 3 or 4 times, for no other reason than she wanted me out of the house. There never was any orders of protection or anything like that.

Is there any chance that they will just issue the permit after 30 days? If they wanted an extension, they would have to request it in the next 5-6 days..

This is a bigger pain in the a** than in NC, where you actually had to have an interview with the sheriff.

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OK, just checked again, no longer "Under board review," back to "under review." This is the longest process I have heard of from any state. 5.5 months, hundreds of dollars for class, prints, and app fee, and still no permit in hand. It seems like Illinois is as screwed up in this process as everything else it does. It is supposed to take a max of 90 days if you submit prints, (which I did). 120 if you did not. I am already over that at about 127 right now... still no permit. This is beyond frustrating!!!

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OK, just checked again, no longer "Under board review," back to "under review." This is the longest process I have heard of from any state. 5.5 months, hundreds of dollars for class, prints, and app fee, and still no permit in hand. It seems like Illinois is as screwed up in this process as everything else it does. It is supposed to take a max of 90 days if you submit prints, (which I did). 120 if you did not. I am already over that at about 127 right now... still no permit. This is beyond frustrating!!!

 

How long were ou under board review? That time isn't included in the 90 day limit.

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6) (and as far as I'm concerned one of the most reassuring bit of info) a denial by the board to receive a CCL does NOT mean your FOID gets revoked! The only aspect of denial that would cause someone to lose their FOID is if in the objection process something was uncoveredin your history that goes directly against the list of FOID eligibility Requirements, which is highly unlikely if the individual has an FOID, out of state permit and firearm purchases through nics.

 

The problem is that the primary thing the reviewing officers are looking for is evidence that someone is a danger to themselves or others. If you're denied based on that evidence, the state would almost have to revoke your FOID since that's one of the disqualifying criteria.

 

Should voting for Obama for re-election be an indicator?

Edited by K-9
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OK, just checked again, no longer "Under board review," back to "under review." This is the longest process I have heard of from any state. 5.5 months, hundreds of dollars for class, prints, and app fee, and still no permit in hand. It seems like Illinois is as screwed up in this process as everything else it does. It is supposed to take a max of 90 days if you submit prints, (which I did). 120 if you did not. I am already over that at about 127 right now... still no permit. This is beyond frustrating!!!

 

How long were ou under board review? That time isn't included in the 90 day limit.

 

That's an excellent question! Time to contact your Representative ... unless of course he/she is a Democrat in Crook County in which case you are screwed.

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  • 2 weeks later...

 

 

OK, just checked again, no longer "Under board review," back to "under review." This is the longest process I have heard of from any state. 5.5 months, hundreds of dollars for class, prints, and app fee, and still no permit in hand. It seems like Illinois is as screwed up in this process as everything else it does. It is supposed to take a max of 90 days if you submit prints, (which I did). 120 if you did not. I am already over that at about 127 right now... still no permit. This is beyond frustrating!!!

 

How long were ou under board review? That time isn't included in the 90 day limit.

That's an excellent question! Time to contact your Representative ... unless of course he/she is a Democrat in Crook County in which case you are screwed.

Yep, I'm boned. But I do have the permit in hand.

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