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How to Appeal Revoked or Denied FOID


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On 3/7/2022 at 7:18 PM, freedomforall said:

Hello Molly, what forms and documents do I need  to send in to appeal a FOID denial based on a non-forcible felony more than 20 years old?  

 

 

Thank you.   

 

this is the checklist:
https://isp.illinois.gov/StaticFiles/docs/FirearmsSafety/Checklists/Final Checklists/Felony Prohibitor Requirements Checklist.pdf


You will need to send this form - check the second box "I am requesting relief from the firearm prohibitor for which my FOID card was denied/revoked."

https://isp.illinois.gov/StaticFiles/docs/FirearmsSafety/Forms/2-707 5-21 Request FOID Investigation Relief Reinstatement Firearms Rights Form.pdf

3. You will also need to prepare a notarized, signed and dated statement in your own words that contains:
A. Details and circumstances regarding any and all convictions;
B. Statements regarding any sentence including jail time or probation served;
C. Statements regarding your compliance or non-compliance with the terms and conditions of your probation
or parole, including any required drug testing; and

D. Statements to support your suitability for the restoration of your firearm rights.
4. At least two current (within 45 days of ISP’s receipt), notarized, signed and dated letters from adults who are
aware of the circumstances regarding the revocation of your FOID card that states:

A. Their full name, date of birth, and relationship to you;
B. Their knowledge of the circumstances regarding the revocation of your FOID card;
C. Their opinion of your current mental health condition and risk of dangerousness to yourself or others; a

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Hi molly, 

 

I had my FOID card revoked as a result of a false order of protection (2 years) that was placed on me 3 years ago.....I never ever put my hands on her or harmed her in any way. I was not able to go to court or appeal the FOID card being revoked. I met with my spouse at the time before the court date and we were on good terms. We agreed to drop it but she still went to court without my knowledge. 

 

What do I need to do in order to get my FOID card back? I have a clean record aside from having my license suspended 5 years ago due to speeding tickets. Also what can I do about what she did? I am now financially able to do what is necessary and that is why I have waited so long. 

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On 3/15/2022 at 9:13 AM, Umaireg6 said:

Hi molly, 

 

I had my FOID card revoked as a result of a false order of protection (2 years) that was placed on me 3 years ago.....I never ever put my hands on her or harmed her in any way. I was not able to go to court or appeal the FOID card being revoked. I met with my spouse at the time before the court date and we were on good terms. We agreed to drop it but she still went to court without my knowledge. 

 

What do I need to do in order to get my FOID card back? I have a clean record aside from having my license suspended 5 years ago due to speeding tickets. Also what can I do about what she did? I am now financially able to do what is necessary and that is why I have waited so long. 

 

 

If the OP was for longer than 1 year, you will need to file an appeal - Mark records challenge, state that the order of protection has expired. Include a copy of the court order showing the OP was dismissed or expired.

https://isp.illinois.gov/StaticFiles/docs/FirearmsSafety/Checklists/Final Checklists/FOID Records Challenge Requirements Checklist.pdf

https://isp.illinois.gov/StaticFiles/docs/FirearmsSafety/Forms/New Forms/2-636 10-20 Firearm Disposition Record.pdf

https://isp.illinois.gov/StaticFiles/docs/FirearmsSafety/Forms/2-707 5-21 Request FOID Investigation Relief Reinstatement Firearms Rights Form.pdf

 

 

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On 3/15/2022 at 9:19 AM, Molly B. said:

 

 

Thank you for the response. I will begin the process and let you know what the outcome is. What can I do about someone putting a false OP on me? 

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On 3/15/2022 at 9:56 AM, Umaireg6 said:

 

 

Thank you for the response. I will begin the process and let you know what the outcome is. What can I do about someone putting a false OP on me? 



You can try pressing perjury charges but a lot of state's attorneys don't like taking on cases like that because they are hard to prove unless you verifiable evidence the person intended to lie to the court.  I don't know if civil lawsuit is possible or not?

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On 2/18/2022 at 6:13 PM, Molly B. said:

Ahhh, when you reverted to your maiden name the mental facility record popped up.  I've never known missing the 60 day window to prevent someone's appeal from being processed.  I do see most appeals of this type taking 6 mos. to a year for processing.

Just updating, I was reinstated and my card was mailed out yesterday, 3/14/22!

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  • 3 weeks later...
On 1/28/2022 at 11:10 AM, veela said:

We have completed our initial review of your submission and have determined that all necessary items are present. Your application has been moved to the background review queue.

It's been 60 business days since I applied.  Should I send the "over 30 days..."letter in?

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  • 3 weeks later...
On 1/28/2022 at 11:10 AM, veela said:

We have completed our initial review of your submission and have determined that all necessary items are present. Your application has been moved to the background review queue.

As of today my status is "denied".  Time to get a lawyer involved?

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Hello again, long time no see to all you lovely people.  I tried reading this entire thread, but I started going cross-eyed in the third page.

 

FOID card is coming up to be renewed (expires in September).  The only thing that really changed was that I had a "mental health" thing for ADD between this renewal and the last.  I wasn't sure what they qualified as "patient in a mental institution, etc. etc.", so I answered yes, even though I think the correct answer might have been no, depending on what they mean.  I was never 'checked in' to a facility; it could, I guess, be considered outpatient?  Is that a thing?  The only "visits" I have are via Zoom every 3 months.  I should have checked before I filled out the renewal form before checking yes, but I was apparently a little too optimistic.

 

In any case, I got the revocation notice in the mail today (along with a separate letter that the expiration date is coming up and that I should renew, lol).  Frankly, I was half expecting to get the revocation letter.  Given what I described above, should I send in the letter for the "inadvertently" thing?  Or is what I'm a part of considered having been a patient in a nut house?

 

Thanks!

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On 5/3/2022 at 2:39 PM, Molly B. said:

 

You will need the denial letter from ISP to determine what your next step should be. 

Finally got the denial letter.  Denied for mental health admission >5 years.  I sent an email explaining that my Dr sent the form in. 

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So I finally talked to a person and the "real" reason for denial was the document didn't come directly from the dr?!?  I had him fill out the paperwork and sent it from his office.  Don't provide your personal return address on the envelope kids!  Such bs.  Customer service is working on it though

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Spoke with the ISRA liaison. Said that I could submit 2-3 notarized letters, my own notarized letter and copies of my medical records to appeal for a mental health admit less than 5 years ago. Does this sound about right? I know she mentioned some of the laws were changed earlier this year so that I don't "need" to submit a psychiatric forensic eval first and spend 1-2k. Also planning on sending it all via certified mail to make sure the state doesn't "lose it"

 

Just looking to see if this sounds like I'm in the right path to getting my foid back. Medical records took damn near a month just to be mailed to me.

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On 5/15/2022 at 9:55 AM, Maverick7 said:

Spoke with the ISRA liaison. Said that I could submit 2-3 notarized letters, my own notarized letter and copies of my medical records to appeal for a mental health admit less than 5 years ago. Does this sound about right? I know she mentioned some of the laws were changed earlier this year so that I don't "need" to submit a psychiatric forensic eval first and spend 1-2k. Also planning on sending it all via certified mail to make sure the state doesn't "lose it"

 

Just looking to see if this sounds like I'm in the right path to getting my foid back. Medical records took damn near a month just to be mailed to me.

 

 

This is what it says on ISP website:

https://isp.illinois.gov/TypesOfAppeals/FOIDMentalHealth

https://isp.illinois.gov/StaticFiles/docs/FirearmsSafety/Checklists/Final Checklists/MH Less Than 5 Yr Prohibitor Requirements Checklist.pdf

 

This check list still requires a forensic evaluation and this is a link to the form https://isp.illinois.gov/StaticFiles/docs/FirearmsSafety/Forms/2-711 12-20 FOID Appeal Forensic Evaluation.pdf

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On 5/15/2022 at 9:55 AM, Maverick7 said:

Spoke with the ISRA liaison. Said that I could submit 2-3 notarized letters, my own notarized letter and copies of my medical records to appeal for a mental health admit less than 5 years ago. Does this sound about right? I know she mentioned some of the laws were changed earlier this year so that I don't "need" to submit a psychiatric forensic eval first and spend 1-2k. Also planning on sending it all via certified mail to make sure the state doesn't "lose it"

 

Just looking to see if this sounds like I'm in the right path to getting my foid back. Medical records took damn near a month just to be mailed to me.

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.

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  • 3 weeks later...

@Molly B.

Hello all, long time lurker first time poster just trying to make sure I am understanding my process correctly before I start submitting things. Back in 1996 at the tender age of 13 I got hooked, booked, charged and convicted of a class 2 forcible felony burglary, I was 13 at the time and I served 3 years of probation and was discharged. Fast forward to 2018 I applied for my FOID card and obviously was denied which I did not expect because I never thought juvenile records would follow you in such a way. I got my denial letter and immediately went about working on how to fix this problem, I started by finding out if my record was eligible for expungement and it was so I went about the process of getting that done. Around march 2019 I received my paperwork back from the court system and relevant agencies showing that the court orders were granted and everything had been expunged NOT SEALED expunged. I was all set to call a lawyer and get the ball rolling and then COVID...I was under the impression that my ONLY avenue of relief was through the courts however as I was googling things today I came across this forum once again and happened upon this very thread and consequently a post by Molly B stating that IF an expungement had been granted I simply needed to "challenge the record" as a first order of business. I have dragged out all my paperwork and I'm looking through everything trying to figure out what all I should be including or if perhaps I am missing something that I need to get from the clerk of the courts and what all needs to be certified/notarized.

 

TL/DR: Facing down a denial for Adult Adjudicated Delinquent 430 ILCS 65/8 (p)

Question: What all do I need to send in and what all needs to be certified/notarized to "challenge the record" after an expungement.

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