How to Appeal Revoked or Denied FOID

[Rediguana]

 

Hey Molly thanks. On my way to mail that in with a signature of received thing and in another post I've seen you say to fax in my appeal as well as mail it so I'm going to fax it too. So are records challenge appeals also taking a year or more?

 

No, those seem to be taking 6-8 mos but no guarantee of future results!

Ok thank you. I'll keep you guys posted. Faxed and mailed records challenge appeal today 2/22/2021. Wish me luck guys. Thanks again.

[lnegron]

 

Good Morning:

I'm new to the group and am looking for some help. In May of 2020 I applied for my FOID in order to eventually to get my CCL. In January 21 after waiting 8 months, I received a denial stating "due to the inability to complete your background. The Illinois State Police is missing evidence pertaining to your arrest or conviction that may result in a prohibition from possessing firearms. 430 ILCS 65/4(2)."

 

I had a background but filed for and was granted a pardon in 2001. In 2014 my record was expunged/sealed. I'm confused. Since my record was expunged/sealed why did this come up? "ISP is missing evidence pertaining to my record"..... because my record has been cleaned.

 

Do I have to hire a lawyer for this? Any guidance will be greatly appreciated.

Thanking u in advance

 

It's possible the during the expungement process something was missed somewhere, This is one of the reason we suggest folks do a fingerprint background check 6 mos. to a year after the expunging is suppose to be complete.

 

Check your pardon document, like chemical operator 1 suggested and make sure the pardon included all right restored. If in question, send me a photo or can via private message. If all is good, you will just need to file a Records Challenge and include a copy of your pardon. This does not require an attorney.

 

If you believe ISP records have inaccurately identified you as prohibited from possessing a FOID Card, file a Records Challenge

• Firearms Prohibitor – Records Challenge Requirements Checklist
• Request for FOID Investigation, Relief, and Reinstatement of Firearms Rights Form

How do I send u a copy?

[storpas]

Update:

 

Sent FOID appeal 04/2019 with no reply to date. Took Molly’s advise and sent request for hearing with all paperwork included 7/18/2020. Got my FOID in the mail 7/25/2020. Highly recommend requesting a hearing because the state is hurting for money right now and does not want to waste money if your paperwork is in line. Thank you again to everyone’s advice on here, especially Molly. I wouldn’t have my FOID back today if it wasn’t for your advice. Note: I prepped all the paperwork and letters myself without a lawyer. Make them look professional and be sincere in your letters.

 

Thank you!!!

 

Did you mail in the paperwork or fax them? Thank you.

[storpas]

 

Update:

 

Sent FOID appeal 04/2019 with no reply to date. Took Molly’s advise and sent request for hearing with all paperwork included 7/18/2020. Got my FOID in the mail 7/25/2020. Highly recommend requesting a hearing because the state is hurting for money right now and does not want to waste money if your paperwork is in line. Thank you again to everyone’s advice on here, especially Molly. I wouldn’t have my FOID back today if it wasn’t for your advice. Note: I prepped all the paperwork and letters myself without a lawyer. Make them look professional and be sincere in your letters.

 

Thank you!!!

 

Fantastic! Glad it worked out for you and glad to be of help.

 

Do you mail in the paperwork or fax it? Thanks.

[storpas]

Update:

 

Sent FOID appeal 04/2019 with no reply to date. Took Molly’s advise and sent request for hearing with all paperwork included 7/18/2020. Got my FOID in the mail 7/25/2020. Highly recommend requesting a hearing because the state is hurting for money right now and does not want to waste money if your paperwork is in line. Thank you again to everyone’s advice on here, especially Molly. I wouldn’t have my FOID back today if it wasn’t for your advice. Note: I prepped all the paperwork and letters myself without a lawyer. Make them look professional and be sincere in your letters.

 

Thank you!!!

I know this post is older, but can you please let me know if you mailed or faxed the paperwork. Thank you.

[chemical operator1]

Glad you gotten good results. I hired a lawyer for my appeal and sent in a request for an administrative review, also contacted my state Representative and Senator....nothing to date as of yet. Been a year and a few days with no results or updates. ISP did respond to me once via e-mail saying applications are looked over on a 1st come 1st served basis (see earlier post in this thread)...which to me is a bunch of crap because others that have had their applications in for some time have had theirs overlooked as others with shorter times have been approved. I check the ISP FOID website weekly to see the status on my account.....still says DENIED. I've said this before and keep saying it....there needs to be an amendment to the current law as to address appeals in a timely manner also. And I only have 1 non violent charge on my record form 21 years ago.....

[Molly B.]

 

Update:

 

Sent FOID appeal 04/2019 with no reply to date. Took Molly’s advise and sent request for hearing with all paperwork included 7/18/2020. Got my FOID in the mail 7/25/2020. Highly recommend requesting a hearing because the state is hurting for money right now and does not want to waste money if your paperwork is in line. Thank you again to everyone’s advice on here, especially Molly. I wouldn’t have my FOID back today if it wasn’t for your advice. Note: I prepped all the paperwork and letters myself without a lawyer. Make them look professional and be sincere in your letters.

 

Thank you!!!

I know this post is older, but can you please let me know if you mailed or faxed the paperwork. Thank you.

 

When requesting a hearing with the director, you need to mail it.

[Jhobbs929]

Just got denied for foid. Have class 4 felony from 1998 for bad check over $150. Still waiting for the letter to come with info on appeal. Anyone have experience in this that could tell me if its worth appealing or if its a real difficult process? Thanks in advance!

[Molly B.]

Just got denied for foid. Have class 4 felony from 1998 for bad check over $150. Still waiting for the letter to come with info on appeal. Anyone have experience in this that could tell me if its worth appealing or if its a real difficult process? Thanks in advance!

You have an excellent chance of being able to appeal this and getting your FOID. The letter will let you know if you need to appeal to ISP or in circuit court. Please keep us posted and we'll be glad to share any info that might be helpful to your efforts.

[storpas]

Just want to inform everyone here that putting pressure on them by requesting a hearing with the ISP director absolutely works! I sent them JUST an email requesting a hearing and the very next day my FOID became active! I've been saying for the longest this is all BS! They are purposely delaying the process for FOIDS, CCLs and appeals hoping people will just give up. What are the chances that it's a coincidence that after 10 months of waiting and leaving voicemails and emails, the very next day I request a hearing my card goes active? It's sickening to me how they have zero regard for our constitutional and God given rights!

 

Once you know they have received every document needed, I suggest that after 6 months you start leaving voicemails and emails periodically inquiring about your status. After nine months request a hearing with the ISP director Brendan Kelly. They don't respond so you will question if they are even receiving your messages, but they obviously are. Be respectful, but keep hassling them! All their contact info is on the ISP website.

 

Thanks to Molly B. the moderator. I took the advice she had given someone else to request a hearing. It worked for the other person as well. You can read it a couple comments above.

 

Contact Molly B. if you have anymore questions on how to go about requesting an appeal.

[chemical operator1]

Just want to inform everyone here that putting pressure on them by requesting a hearing with the ISP director absolutely works! I sent them JUST an email requesting a hearing and the very next day my FOID became active! I've been saying for the longest this is all BS! They are purposely delaying the process for FOIDS, CCLs and appeals hoping people will just give up. What are the chances that it's a coincidence that after 10 months of waiting and leaving voicemails and emails, the very next day I request a hearing my card goes active? It's sickening to me how they have zero regard for our constitutional and God given rights!

 

Once you know they have received every document needed, I suggest that after 6 months you start leaving voicemails and emails periodically inquiring about your status. After nine months request a hearing with the ISP director Brendan Kelly. They don't respond so you will question if they are even receiving your messages, but they obviously are. Be respectful, but keep hassling them! All their contact info is on the ISP website.

 

Thanks to Molly B. the moderator. I took the advice she had given someone else to request a hearing. It worked for the other person as well. You can read it a couple comments above.

 

Contact Molly B. if you have anymore questions on how to go about requesting an appeal.

I have been waiting over a year. Did ask for an administrative hearing and faxed my appeal docs along with the original mailing. Also have contacted my state representatives and senator. Along with emails and such....nothing. Only got 1 response from them saying it’s in review and first come first served. Glad you got results. I am thinking it was a coincidence as a lot of us are still waiting for a response. I wish they would just deny me formally so I could go to court. Once again congratulations

[Jhobbs929]

 

Just got denied for foid. Have class 4 felony from 1998 for bad check over $150. Still waiting for the letter to come with info on appeal. Anyone have experience in this that could tell me if its worth appealing or if its a real difficult process? Thanks in advance!

 

You have an excellent chance of being able to appeal this and getting your FOID. The letter will let you know if you need to appeal to ISP or in circuit court. Please keep us posted and we'll be glad to share any info that might be helpful to your efforts.

I don’t know if I did that right, sorry if not. I received my letter the other day with a form to appeal to the isp. Do I just give a brief description of what I did and tell them what I have done in the past 20+ years. Like buying property in Illinois working at same job 19 years, volunteering with Cubscouts and boy scouts? I appreciate any help. I really want the opportunity to take my boys hunting some day. Thanks!!

[Molly B.]

 

I don’t know if I did that right, sorry if not. I received my letter the other day with a form to appeal to the isp. Do I just give a brief description of what I did and tell them what I have done in the past 20+ years. Like buying property in Illinois working at same job 19 years, volunteering with Cubscouts and boy scouts? I appreciate any help. I really want the opportunity to take my boys hunting some day. Thanks!!

 

Does it mention character references from family members, friends, community leaders? Helpful to have notarized statements from them as witnesses to your good character.

[Rediguana]

If you have no convictions, you just need to file a records challenge.

If you plan to apply for ccl later, you might consider expunging

Your record before applying.

Hey guys update on my appeal on revoked foid I filled a records challenge..bad news. I got a letter from isp "the record challenge form may mot be used for expungement purposes.. It says "provide us with information that is incorrect on your record" ie: wrong birth date wrong arrest date etc. O wasn't trying to expunge anything which is wierd. It's possible I took the wrong filling. To clarify I was arrested for possesion of controlled substance 2014 with no priors court ordered to rehab then I stayed at a sober living home for 5 years ish.been clean since 11.19.2014. Successfuly completed the courts demands and was offered court drug school a program that grants first time offenders to have the case dropped and eligible for expungement after successfully attending classes. I'm wondering what to do now? I filed the records challenge feeling that I cooperated with the courts, stayed clean and attended meetings and was not convicted that's my challenge I guess. I feel maybe I need to file the thing where three people say "hey this guys ok now and has been for a while and doesn't even drink" and have those notarized references submitted along with the other formm they require. Not exactly sure. Molly B if you have any ides I'd greatly appreciate it.

 

Best regards,

Rediguana.

[Bubbacs]

If your case was eligible to be dropped and then expunged as your post says.

Did you then have it expunged?

Only reason I ask is I dont believe that expungement is automatic.

I think you have to request it or have a lawyer do so.

Edited March 31, 2021 at 10:29 PM by Bubbacs

[Rediguana]

If your case was eligible to be dropped and then expunged as your post says.

Did you then have it expunged?

Only reason I ask is I dont believe that expungement is automatic.

I think you have to request it or have a lawyer do so.

Hey what's up. No they were not I actually just filed expungement yesterday I'm all done. I didn't believe it mattered. Reason I say that back in 2009 same thing similiar case same opportunity to have case dismissed. This drug court option is only available once every 5 years to people with little to no criminal history or no convictions I belive not sure exactly but I qualified. Anyway after the 2009 posession charge was dropped I never expunged it and had applied for a foid like 2012 or 2013 or so and actually received it. Wierd. I think I saw what I must do in the forum somewhere.it said I need to ask for relief from prohibitor in the circuit court in my county. Then mail the courts ruling to isp asking for records change. So do I just go to the circuit court with a relief from prohibitor form and say here's form I would like my foid card rights back? Or do I get a form from the clerk when I'm at the court house? Gotta do a lotta research and hunting. I don't mind it's nothing pressing just bored been laid off work and figured I'll stay busy running around Chicago getting dispositions and rap sheets! Lol. I actually filed both petitions to expunge my self. I was at the Dailey center downtown yesterday pretty satisfying to complete on my own just gotta wait now.

[Rick T]

Hello everyone,

I have been a member here for some time (looks like one year as of today) but do not post as I wanted to take my time to read and learn as much as possible first and not waste anyone’s time etc.

My apology if this post is longer than most, but I am now at a dead-end and need to ask for help so I will try to include as much information as possible.

I cannot afford an attorney (I tried for a year to raise funds for it, it is simply out of my range – I needed the FOID for a job opportunity).
Therefore, I need to represent myself pro se.

Nonetheless, I have spoken with a few kind attorneys that have been very helpful and shared information – I appreciate their help but simply cannot afford to hire them to handle this for me.

In addition, I have studied the FOID Act and strongly believe I will meet (And can demostrate that I meet) all stated criteria required for the Circuit Court to grant an order that my FOID be issued.

[from the FOID act] Appeal to director; hearing; relief from firearm prohibitions (430 ILCS 65/10):

 

[c] Any person prohibited from possessing a firearm under Sections 24-1.1 or 24-3.1 of the Criminal Code of 2012 or acquiring a Firearm Owner's Identification Card under Section 8of this Act may apply to the Director of State Police or petition the circuit court in the county where the petitioner resides, whichever is applicable in accordance with subsection

(a) of this Section, requesting relief from such prohibition and the Director or court may grant such relief if it is established by the applicant to the court's or Director's satisfaction that:

 

(0.05) when in the circuit court, the State's Attorney has been served with a written copy of the petition at least 30 days before any such hearing in the circuit court and at the hearing the State's Attorney was afforded an opportunity to present evidence and object to the petition;

(1) the applicant has not been convicted of a forcible felony under the laws of this State or any other jurisdiction within 20 years of the applicant's application for a Firearm Owner's Identification Card, or at least 20years have passed since the end of any period of imprisonment imposed in relation to that conviction;

(2) the circumstances regarding a criminal conviction, where applicable, the applicant's criminal history and his reputation are such that the applicant will not be likely to act in a manner dangerous to public safety;

(3) granting relief would not be contrary to the public interest; and

(4) granting relief would not be contrary to federal law.

I meet these criteria and feel It is very likely, if I may see a judge, I may be granted a FOID card (note: I am a resident of a relatively small conservative county).

The only problem I am having is finding any template or example of how to draft my petition.
All I need to do is file and get a court date, but I am having trouble finding any form or template.
I’ve searched for months – I visited county clerks in two counties, searched online, watched lawyer videos, and asked around – no luck.
I would go file with the county clerk tomorrow, if I could just find out what I need to list and how I need to format it to draft a petition.

Do any of you know where I may find a form, template, or example so I may write my petition and been seen in court?

I feel that all other needs are in order and covered including police willing to write letters on my behalf or even appear in court, psychologic evaluation, potential employer (retired law enforcement) willing to write a letter regarding the job I may get if I may carry etc. I’ve eve recently been successful pro se in getting an order to expunge the record up north in the county court where the juvenile charge occurred.


---
Here is the background on my situation in case it may help others learn:

In the mid-1990s as a teen (legally a juvenile NOT adult) I pled guilty to a crime which, if I were an adult, would have been a class-3 felony.

Also, a decade ago under my own power and choice, I voluntarily admitted myself to a hospital because I wanted to talk to someone about the depression I was enduring as a result of significant financial loss from the historic “credit crisis” of the late 2000s and a tough divorce I was going through.
This visit resulted in me admitting myself and staying overnight for two nights (three days total counting the day of admission).
My hospital records from that stay are very positive and I was not found to be a threat to myself or others (I was released by the doctor’s recommendation); not given any meds and not diagnosed with any mental health issue.
I have recently found a clinical psychologist that evaluated me and is supportive of me having my 2A rights.

Last year I was presented with a job opportunity which would require me to carry.
I needed to first get a FOID card so I applied.
Because my charge was juvenile, I answered “no” to the question regarding felonies and because my hospital stay was great than 5 years ago.
This was an honest mistake – I was ignorant to the technicalities and did not know those things would prohibit me (I would never have applied without first addressing these things, if I knew they would be an issue).

•Prohibitor (Adult - Adj del - felony): 430 ILCS 65/8 (p) - An adult who had been adjudicated a delinquent minor, under the Juvenile Court Act of 1987 for the commission of an offense that if committed by an adult would be a felony.

 

Remedy: Pursuant to 430 ILCS 65/10, the Director of the Illinois State Police (ISP) cannot grant relief for this type of offense, however, the FOID Act does provide that you may petition, in writing, the circuit court in your county of residence when at least 10 years has passed since the adjudication of delinquency.

 

•Prohibitor (Mental > 5 yrs, No cert): 430 ILCS 65/8 (u) - A person who has had his or her Firearm Owner's Identification Card revoked or denied under subsection ( e ) of 430 ILCS 65/8 or item (iv) of Section 4 of the Firearm Owner's Identification Act because he or she was a patient in a mental health facility, shall not be permitted to obtain a Firearm Owner's Identification Card, after the 5 year period has lapsed, unless he or she has received a mental health evaluation by a physician, clinical psychologist, or qualified examiner and has received a certification that he or she is not a clear and present danger to himself, herself, or others.

 

Remedy: To obtain approval for a FOID card, pursuant to 430 ILCS 65/8(u), submit a Mental Health Certification for Firearm Possession form to the Illinois State Police Firearms Services Bureau. Also, you submit an appeal to challenge the accuracy of the record used to determine your firearm eligibility.

 

SOURCE: Illinois State Police Firearm Service Bureau https://www.ispfsb.com/Public/Firearms/AppealOptions.aspx and this information was also listed on the back of my FOID application denial letter

I am almost there.

All I need now is to write a petition and get a court date.

Any help is greatly appreciated.

Thank you

Edited April 1, 2021 at 02:12 AM by Rick T

[Monstrddg]

Thanks again to Molly and everyone for the advice... I didn't get an apology from the State Police for wrongly taking my 2nd amendment rights but after 2 years and 3 weeks they returned them and my FOID was in the mail this morning. Now to file an appeal to get my ccl returned as well..

 

Its been one year 10 months since the ISP revoked my foid for charges against me that were expunged in 1989. Yesterday Senator Stewards (45th district) office placed a call to the Illinois state police on my behalf, Im now on the list to get my appeal reviewed

[Rick T]

Thanks again to Molly and everyone for the advice... I didn't get an apology from the State Police for wrongly taking my 2nd amendment rights but after 2 years and 3 weeks they returned them and my FOID was in the mail this morning. Now to file an appeal to get my ccl returned as well..

nice. congrats on getting your FOID back. Best wishes on the CCL -- I pray you may exercise your full 2A rights soon (I think our Foudners took rigths very seriously and meant what they wrote in the Constitution).

[Billard]

Thanks again to Molly and everyone for the advice... I didn't get an apology from the State Police for wrongly taking my 2nd amendment rights but after 2 years and 3 weeks they returned them and my FOID was in the mail this morning. Now to file an appeal to get my ccl returned as well..

Its been one year 10 months since the ISP revoked my foid for charges against me that were expunged in 1989. Yesterday Senator Stewards (45th district) office placed a call to the Illinois state police on my behalf, Im now on the list to get my appeal reviewed

Awesome. Always like reading stories like these. But my question is why do they even issue Foid cards, just to revoke them? Can't they see this stuff before they even issued one?

[Billard]

Btw, I am speaking in general and not directly about your case. Just upsets me, people have foid cards (rightfully) for sometimes years, own many firearms, then isp says nope a few years down the road after issuance and yanks it over a past issue..

[Molly B.]

[from the FOID act] Appeal to director; hearing; relief from firearm prohibitions (430 ILCS 65/10):

 

[c] Any person prohibited from possessing a firearm under Sections 24-1.1 or 24-3.1 of the Criminal Code of 2012 or acquiring a Firearm Owner's Identification Card under Section 8of this Act may apply to the Director of State Police or petition the circuit court in the county where the petitioner resides, whichever is applicable in accordance with subsection

(a) of this Section, requesting relief from such prohibition and the Director or court may grant such relief if it is established by the applicant to the court's or Director's satisfaction that:

 

Do any of you know where I may find a form, template, or example so I may write my petition and been seen in court?

 

 

 

We do have some templates that members have shared with us. I will send you a private message.

[James Langenstein]

I would like to discuss my situation with someone. I was denied a foid card a few years ago because of a misdemeanor domestic violence from 1998. How can I appeal this and reapply for a foid card? I can be reached on phone 618-979-4132. Or email at langensteinjames@gmail.com thanks.

[Molly B.]

If you were convicted of a Misdemeanor Crime of Domestic Violence, you must petition for relief in the circuit court where you live then submit certified court documents to the ISP showing your firearm rights have been restored.

here is a sample court petition:
Domestic - Circuit Court Petition for Relief from Denial of FOID.doc

 

You will probably need a copy of the revocation/denial letter - do you still have that?

 

You are welcome to send me a private message if you have additional questions.

[Monstrddg]

And just like that.... logged into the isp website to check on the status of my CC appeal. Not at all expecting any changes and I see my status has changed from revoked to active in just a matter of weeks of sending in my packet. With luck my ccl is in the mail

Thanks again to Molly and everyone for the advice... I didn't get an apology from the State Police for wrongly taking my 2nd amendment rights but after 2 years and 3 weeks they returned them and my FOID was in the mail this morning. Now to file an appeal to get my ccl returned as well..

Its been one year 10 months since the ISP revoked my foid for charges against me that were expunged in 1989. Yesterday Senator Stewards (45th district) office placed a call to the Illinois state police on my behalf, Im now on the list to get my appeal reviewed

Edited April 27, 2021 at 10:38 PM by Monstrddg

[demastri]

Hi again to the forum.

 

I posted last October about a revoked CCL because of a Covid expired FOID from March. Got the updated FOID in Sep, and posted the docs to get my CCL reinstated.

Yesterday, 8 months later and out of the blue, I got my new, reinstated CCL. MollyB, thanks for your help - i'm sure without your efforts this would still be in someone's inbox.

 

Keep the faith, folks - every once in a while things work out...

 

Thanks!

[Molly B.]

Fantastic! Thanks for the update!!

[HateTheFoid]

My FOID was revoked almost 2 years ago due to Clear and Present Danger report being filed by a police officer. In it he cited details and quotes from the report that resulted from an arrest a couple weeks prior, that arrest was expunged as quickly as I could get it done. The Clear and Present Danger report was filed the day after I got a visit from the police due to a Facebook post someone didn't like, the report from that visit did not indicate any issues and after talking to me the police left without taking any action.

 

I filed an appeal based upon inaccurate information since the info in the Clear and Present Danger report was from a police report associated with an expunged arrest (no charges were filed)

 

Instead of addressing the inaccurate information appeal, ISP responded as if it was a revocation due to Mental issues. I have never been seen by any type of Mental Health professional and have never been in any type of mental institution. I did several back and forth correspondences via snail mail and each time they completely ignored my original appeal even though I stressed it in all of my communications.

 

I didn't know there was a way to request and administrative review, none of the links to state websites in the thread seem to work.

 

Do you think my case qualifies for such a review and if so, how do I request one?

 

Thank You!

[Bubbacs]

Facebook strikes again!

[HateTheFoid]

Facebook strikes again!

 

While I hate Facebook, they aren't to blame in this situation. I posted something and someone took the opportunity to turn it into something it wasn't and an over achieving cop filed a report resulting in me losing my FOID card. Somehow the state feels his 10 minutes in my presence makes him an authority on my mental health, which has never been questioned or evaluated by any actual mental health professional.

Edited May 7, 2021 at 02:17 AM by HateTheFoid