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How to Appeal Revoked or Denied FOID


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Thank you for reaching out to IllinoisCarry. I will do my best to answer your questions.

 

  1.   All 3 forms need to be submitted, you submit the firearm disposition form and the Request & Waiver form.  Your doctor will need to submit the mental health certification.
  2. You should go ahead and send in the disposition record and the request & waiver form. When ISP receives the mental health certification from your doctor, they will attach it to your other documents.
  3. The status will change only after the appeal is processed.  The request & waiver form is the request for appeal. Your status will not change until the appeal decision is made.  You will not need to reapply.
  4. If an email address is included on the form, it may be emailed.  It's a good idea to ask for confirmation of receipt.

 

It has been known to take up to 6 mos. or more to review this type of appeal, but with the FOID Appeal Board going into effect with the new year, we're not sure what to expect.

 

Beginning Jan. 1 the appeal process changes and appeals will go to a FOID Appeal Review Board.  The governor has not filled all the positions on the board yet, we don’t know yet just how the board will function so there are a lot of unknowns going into the new year.

 

Sincerely,

Valinda Rowe

IllinoisCarry spokesperson

Aka Molly B.

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On 12/22/2022 at 1:23 PM, Molly B. said:

 

You do not have to transfer ownership just possession. A friend can hold the firearms for you, friend's info must listed on the firearm disposition form. 

Interesting. This makes it much easier! Once the transfer is completed, for the notary stamp signature, do both I and my friend need to be present in front of the same notary? Or can I just bring the signed form to a notary and get it signed by them?

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On 12/23/2022 at 1:31 AM, BugleIL said:

Interesting. This makes it much easier! Once the transfer is completed, for the notary stamp signature, do both I and my friend need to be present in front of the same notary? Or can I just bring the signed form to a notary and get it signed by them?



It is your signature that needs to be witnessed - by either a notary or law enforcement officer.  Form says:

 

Law Enforcement Official’s Signature OR
Notary Stamp,
Signature
and Date:

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On 12/23/2022 at 10:50 AM, Molly B. said:



It is your signature that needs to be witnessed - by either a notary or law enforcement officer.  Form says:

 

Law Enforcement Official’s Signature OR
Notary Stamp,
Signature
and Date:

Understood! Thanks for clarifying this. I shall report back when the appeal process is over. Happy holidays!

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I've been fighting with ISP for a little over 3 years in regards to my FOID being revoked.  I absolutely refuse to get a mental health evaluation and have tried to appeal based upon the validity of the information included in the clear and present danger report.  At this point, I just want to take the state to court where they will end up with egg on their face for this.  Are there any recommendations for attorneys?  Specifically in Central IL, I'm in the Springfield area

Edited by HateTheFoid
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I recommended my buddy to hire Mr Sigale to get his firearm conviction overturned under Aguilar and then Mr. Nichols to appeal his FOID Denial because he had a drug case right after his UUW case 26yrs ago. He went through all the motions and was granted relief and got his Unrestricted FOID Card BACK. ISP has until February 10th to give him his newly minted FOID. There is hope out there... 

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On 12/29/2022 at 9:50 AM, Tvandermyde said:

State Police will be transferring all this tot he appeals Board under a consolidation and reorganization deal from HB-562. Expect it to get worse going forward.

Yep and to prepare for it when you send in an appeal and don't include everything they want (such as the bs mental evaluation) they give you 60 days to meet their demands.  If you don't then you get a letter stating you can't appeal for 2 years!  These commies really need to learn the difference between a right and a privileges and our rights are not granted by them.

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  • 2 weeks later...
On 7/4/2020 at 8:50 PM, oblagon2000 said:

Just joined to get more info on appeals. From the looks of it the appeals process is behind closed doors and you're not updated on it?
Had a denial due to mental health over 5 years and sent in the required form filled out by the doctor along with the request for appeal and request for investigation form.

Did you have success? If so, how long did it take? 

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  • 2 weeks later...
On 12/15/2022 at 9:39 PM, Molly B. said:

 

 

The only way I know is what you have already done.  The status of your FOID will not change to under review or anything like that.  It only changes when the status changes back to active.

 

If you have not heard anything within 90 days of submitting your appeal, let me know.

Hello Molly...I still have not heard anything..I sent an email to follow up last night and got this message..I don't think the board has been appointed yet..do you have any infor on this?  Thank you in advanceScreenshot_20230118-153525.thumb.png.e63375c0b61d4a706005413d45fb5fe2.png

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On 1/18/2023 at 3:45 PM, Molly B. said:

Sorry,  No further info at this time.

Hi Molly, I have received the same generic email as the one just shown above regarding the FOID Card Review Board.  I received this email yesterday (as shown in attachment). Should I consider this a promising step forward or just another generic response? Cheers -Cory F. 120B5C0C-42AB-4E68-8D2C-32ED736C3E51.thumb.jpeg.722210aa550c5d03fc523ab36fc09172.jpeg

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On 1/19/2023 at 4:07 PM, CFREUND01 said:

Hi Molly, I have received the same generic email as the one just shown above regarding the FOID Card Review Board.  I received this email yesterday (as shown in attachment). Should I consider this a promising step forward or just another generic response? Cheers -Cory F. 120B5C0C-42AB-4E68-8D2C-32ED736C3E51.thumb.jpeg.722210aa550c5d03fc523ab36fc09172.jpeg

That’s the standard form email. 

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On 1/19/2023 at 4:14 PM, FredNickl said:

That’s the standard form email. 

So nothing to get exited about? I don’t understand how it seems easier for people who have allegedly committed crimes and hurt people to get their FOID Rights reestablished vs someone like me who way over 5 years ago felt a bit down and checked themselves into a hospital. I mean, is there a way I can hire a lawyer and present my appeal to the courts vs. this waiting game? I feel the system is not balanced, where appeals are concerned. Cheers

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I had applied for a FOID card back in 2017 and had answered yes as have been a patient in a mental health facility less than five years ago and was denied. I figured I'd wait out the timeframe until after 5 years and apply again. I did not know that FOID applications were a one time application and that appeals would be needed going forward. I emailed the ISP as to what forms would be required, after a month I received this reply: 

 

The Illinois State Police Office of Firearm Safety has received your email regarding your Denied FOID card. On your FOID application, you answered "yes" to a question. If that “yes” answer was inadvertent, please complete and return the attached form(s) so your application can be further reviewed. 

Complete Inadvertent Yes Answer Affidavit, must be signed and notarized 

Completed Request for FOID Investigation, Relief, Reinstatement of Firearms Rights form, signed and dated

If you neither submit the required documents nor contact the Department for assistance within 30 calendar days of the date of this email, your appeal will be administratively closed and no further action will be taken.  If you have any questions regarding this correspondence, please visit the Office of Firearms Safety website at www.isp.illinois.gov/FirarmsSafety.  Your patience with the appeal process and the need to adhere to the public safety standards established in the Firearms Owners Identification Card Act are greatly appreciated.

 

The inadvertent Yes Answer Affidavit is does not appear to be the appropriate form for my appeal. I believe I need to get a mental health certification, but its unclear based on the reply I was given. I would like to try and not get caught in the bureaucratic net of sending the wrong documentation only to find out 6 months later I needed form X. 

Any advice on what forms to send and process to take? I have an appointment with a forensic psychologist to do the mental health certification process, but now I am second guessing if I should even do that yet. 

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On 1/30/2023 at 3:25 PM, jlange said:

I had applied for a FOID card back in 2017 and had answered yes as have been a patient in a mental health facility less than five years ago and was denied. I figured I'd wait out the timeframe until after 5 years and apply again. I did not know that FOID applications were a one time application and that appeals would be needed going forward. I emailed the ISP as to what forms would be required, after a month I received this reply: 

 

The Illinois State Police Office of Firearm Safety has received your email regarding your Denied FOID card. On your FOID application, you answered "yes" to a question. If that “yes” answer was inadvertent, please complete and return the attached form(s) so your application can be further reviewed. 

Complete Inadvertent Yes Answer Affidavit, must be signed and notarized 

Completed Request for FOID Investigation, Relief, Reinstatement of Firearms Rights form, signed and dated

If you neither submit the required documents nor contact the Department for assistance within 30 calendar days of the date of this email, your appeal will be administratively closed and no further action will be taken.  If you have any questions regarding this correspondence, please visit the Office of Firearms Safety website at www.isp.illinois.gov/FirarmsSafety.  Your patience with the appeal process and the need to adhere to the public safety standards established in the Firearms Owners Identification Card Act are greatly appreciated.

 

The inadvertent Yes Answer Affidavit is does not appear to be the appropriate form for my appeal. I believe I need to get a mental health certification, but its unclear based on the reply I was given. I would like to try and not get caught in the bureaucratic net of sending the wrong documentation only to find out 6 months later I needed form X. 

Any advice on what forms to send and process to take? I have an appointment with a forensic psychologist to do the mental health certification process, but now I am second guessing if I should even do that yet. 

1. Ask ISP to reset your portal so you can reapply.

2. Reapply and include a Mental Health Certification form (1 page form, on their website) completed by a qualified MH examiner

3. If the MH Certification form says you're not dangerous, ISP will automatically grant your new application.

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On 1/30/2023 at 3:38 PM, FredNickl said:

Yes sorry. BUT ISP said you should also include a copy with your new application. I can’t picture how that works though. 

I had a chat with the examiner today and he had a similar case where someone answered the mental health question as yes (though inadvertently), filled out the affidavit, but the ISP still wanted a mental health certification. After the certification was sent from the examiner the FOID was granted.

It sounds like regardless if you've answered yes to the mental health questions, intentionally or not, they want a certification sent from the provider. 

I'll update as I find out more.

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On 2/2/2023 at 1:51 PM, ClarenceThomas said:

My FOID was revoked due to a 2yr+ Civil No Contact order, which is now expired. My FOID and CCL are both expired at this point anyway. Do I need to file an appeal, or just re-apply for a FOID?

Answering my own question for anyone else, it has to be appealed if it's longer than 1 year.

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On 2/4/2023 at 4:53 PM, luckydawg13 said:

My son was denied when he went to renew his foid card he miss understood one of the questions and answered yes how does he fix how long will it take

 

 

 

1.  What do I do if I think there has been a mistake, and my FOID Card or CCL was incorrectly revoked or my application was incorrectly denied?

If you believe our records have inaccurately identified you as prohibited from possessing a FOID Card, you do not need to appeal to the Director for relief. Rather, you will need to utilize the "Other Types of Firearms Rights Restorations Tab" and select I Inadvertently Answered Yes or Need to Challenge My Record.

 

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