Jump to content

How to Appeal Revoked or Denied FOID


Recommended Posts

On 3/17/2023 at 7:47 AM, lnegron said:

I apologize in advance if this has already been covered.

I applied for and was denied my FOID request. I appealed and got denied again. ISP cited "IVC Felonies 12/31/86" in my county.

Years ago I applied for, and was granted an expungement for my criminal records (as of 09-14-2014). I received a letter from ISP dated 05/07/2014 denying my requests for all of the cases to be expunged/sealed. Three months later I received another letter from ISP dated 08/04/2014 that shows ISP granting and sealing all prior charges/cases.

Can I still be denied? I do not understand why I am being denied. Can someone help me figure this out?

 

 

What are IVC Felonies?

Link to comment
Share on other sites

Hello,

 

I was denied due to answering "Yes" to: Have you ever been adjudicated a delinquent minor for the commission of an offense that if committed by an adult would be a felony". I feel like they didn't run a background check just seen this answer and clicked Denied. I am frustrated and don't know where to turn in Iowa i had a concealed carry license for over 5 years 😕 In high school a borrowed a car and wrecked it. It was dropped to juvenile case instead of GTA i was charged with Possession of Stolen Vehicle. I called the Circuit Court they told me they didn't have any legal forms for me to file for this kind of denial and my best bet is to hire a lawyer. I am baffled please help. I don't have money to hire a lawyer but if i have to eventually i will.

Link to comment
Share on other sites

On 3/24/2023 at 7:03 PM, CalebSh said:

Hello,

 

I was denied due to answering "Yes" to: Have you ever been adjudicated a delinquent minor for the commission of an offense that if committed by an adult would be a felony". I feel like they didn't run a background check just seen this answer and clicked Denied. I am frustrated and don't know where to turn in Iowa i had a concealed carry license for over 5 years 😕 In high school a borrowed a car and wrecked it. It was dropped to juvenile case instead of GTA i was charged with Possession of Stolen Vehicle. I called the Circuit Court they told me they didn't have any legal forms for me to file for this kind of denial and my best bet is to hire a lawyer. I am baffled please help. I don't have money to hire a lawyer but if i have to eventually i will.

PSMV would be a felony if you had been an adult, so your juvenile adjudication is a prohibitor. ISP would have caught it if you marked NO, and it would be worse in that case, as your appeal would have a lesser chance of success - the court would argue you lied on the application. Here, you need to file a Formal Appeal, which starts with a Petition for Relief filed in the circuit court in the county you live, followed by service of the petition on the state's attorney's office and ISP, motions back and forth, and finally an evidentiary hearing where you and your character witnesses would testify and be cross-examined.

Link to comment
Share on other sites

I consider myself very fortunate.  On 12/22/22 I was denied and exactly 3 months later on 3/22/23, I received confirmation that I am once again eligible to have my firearm rights restored! 

I then needed to renew again (which I did immediately) and the final approval went through I just received my new FOID card in the mail, but the eCard was available immediately on the portal and an be used just like the standard card.  I followed the steps provided by Molly B. to a "T" and mailed in all required documents via certified mail.  I sent a couple of emails to the appeals address asking for updates, but they were not able to provide specific  updates, so I'm not sure if that had any effect.  Since denial to approval took just 90 days, I'm somewhat hopeful that the process may have been improved a bit  for all of you also.  One thing I can say is that I did not hesitate on gathering and mailing all forms.  I had everything mailed 1 week after my denial.  I was fortunate that I was able to get in to see my primary care physician who completed the certification for me.  Thank you to Molly B. and the commenters on this forum!

Link to comment
Share on other sites

On 3/27/2023 at 12:50 PM, Eric G said:

I consider myself very fortunate.  On 12/22/22 I was denied and exactly 3 months later on 3/22/23, I received confirmation that I am once again eligible to have my firearm rights restored! 

I then needed to renew again (which I did immediately) and the final approval went through I just received my new FOID card in the mail, but the eCard was available immediately on the portal and an be used just like the standard card.  I followed the steps provided by Molly B. to a "T" and mailed in all required documents via certified mail.  I sent a couple of emails to the appeals address asking for updates, but they were not able to provide specific  updates, so I'm not sure if that had any effect.  Since denial to approval took just 90 days, I'm somewhat hopeful that the process may have been improved a bit  for all of you also.  One thing I can say is that I did not hesitate on gathering and mailing all forms.  I had everything mailed 1 week after my denial.  I was fortunate that I was able to get in to see my primary care physician who completed the certification for me.  Thank you to Molly B. and the commenters on this forum!

If your appeal was one that could be addressed by the Firearm Services Bureau, then that is average time. If yours was one that needed to be addressed by the FOIDRB, then that's amazing.

Link to comment
Share on other sites

On 3/24/2023 at 7:03 PM, CalebSh said:

Hello,

 

I was denied due to answering "Yes" to: Have you ever been adjudicated a delinquent minor for the commission of an offense that if committed by an adult would be a felony". I feel like they didn't run a background check just seen this answer and clicked Denied. I am frustrated and don't know where to turn in Iowa i had a concealed carry license for over 5 years 😕 In high school a borrowed a car and wrecked it. It was dropped to juvenile case instead of GTA i was charged with Possession of Stolen Vehicle. I called the Circuit Court they told me they didn't have any legal forms for me to file for this kind of denial and my best bet is to hire a lawyer. I am baffled please help. I don't have money to hire a lawyer but if i have to eventually i will.



Caleb, I am sending you a private message.

Link to comment
Share on other sites

On 3/27/2023 at 12:50 PM, Eric G said:

I consider myself very fortunate.  On 12/22/22 I was denied and exactly 3 months later on 3/22/23, I received confirmation that I am once again eligible to have my firearm rights restored! 

I then needed to renew again (which I did immediately) and the final approval went through I just received my new FOID card in the mail, but the eCard was available immediately on the portal and an be used just like the standard card.  I followed the steps provided by Molly B. to a "T" and mailed in all required documents via certified mail.  I sent a couple of emails to the appeals address asking for updates, but they were not able to provide specific  updates, so I'm not sure if that had any effect.  Since denial to approval took just 90 days, I'm somewhat hopeful that the process may have been improved a bit  for all of you also.  One thing I can say is that I did not hesitate on gathering and mailing all forms.  I had everything mailed 1 week after my denial.  I was fortunate that I was able to get in to see my primary care physician who completed the certification for me.  Thank you to Molly B. and the commenters on this forum!

What a great ending for you. It’s been almost 7 years and now my appeal is being transferred to the FCRB. The best part is they will contact me to see if I am still interested in the appeal. Smh, such a silly thing to ask, it’s only been forever. The Glock Talo19 I purchased and never took possession of was sold. I need to find a new state to live in, Illinois does not do right.

Link to comment
Share on other sites

Hi all! I’m need of some help, badly.  
 

I’m 20, and I’m aspiring to be an LEO. I’ve got my AAS in CJ and did a lengthy internship with a police department. That department’s chief suggested I prematurely apply for my FOID card. I recently applied for my FOID card and it was denied because I am apparently “A person who had been found to be developmentally disabled.” This doesn’t make sense to me, because as far as I know, I don’t have any sort of developmental disability nor have I ever been diagnosed with one.
 

I don’t think it was an inadvertent yes either, because my denial letter doesn’t mention any “Yes” answers on my application. 
 

I haven’t been to any doctor since I was 15 in 2018. But to give some possible backstory: At age 10 or 11, my parents took me to a family counselor because I never listened to them and they thought that must mean something is wrong with me. That counselor put me on some behavioral medicine, which I was taken off of within 2 months of starting. He was also apparently a nut job who, according to my mom, told 10 year old me that I was not the favorite of my parents because of the way I was acting. At age 13, my mom had me psychologically evaluated to see if there was anything wrong with me. That psychiatrist only found that I had AHDH, and I was never put on medicine for that diagnosis. In the 7 years since then, it has never affected me, and I am much less energetic than I was at 13. My police chief also said that he doesn’t think any of my records from before I was 18 would be reviewed for my FOID application, which confuses me even more as to why it says I’m “developmentally disabled.” 
 

I’m not 100% sure how to appeal this decision, because I need a FOID get a job in LE. I believe I only have 60 days within denial to appeal?
 

I saw the developmental disability relief checklist, so know I have to submit the FOID appeal/relief sheet, get an mental evaluation and have the doctor send it in to them directly, and have two adults write signed, dated and notarized letters to the ISP vouching on my behalf.
 

But I’d really like to have any additional advice from experienced people like yourselves on getting approved. Thank you. 

Link to comment
Share on other sites

On 4/2/2023 at 7:55 AM, Molly B. said:

It's possible this is a case of mistaken identity. Do you have a common name?

 

Developmental disability usually means mentally challenged or impaired in some way. 

I don’t believe I do? My first name isn’t the common spelling of the name. Googling my name and Illinois comes up with results about me. 
 

I know I’m not mentally disabled. My parents both said I had never been diagnosed with anything mental. I had mediocre grades in high school, but I did above average on the English portion of the SAT and average on the math portion. I also never had any special ed programs in school. I was placed in RTI for one quarter in middle school because I bombed one single RTI test due to lack of sleep. 

Link to comment
Share on other sites

On 4/2/2023 at 7:55 AM, Molly B. said:

It's possible this is a case of mistaken identity. Do you have a common name?

 

Developmental disability usually means mentally challenged or impaired in some way. 

Should have brought up more information, I apologize. Thank you so much for the help

 

There are quite a few family members with the same last name that live in my county, but they all live 20-30 minutes away in another town. I know of only one of my cousins that has a physical disability, and he is both vastly older and looks way different than me, and lives in the other town. 
 

I still live at home with my family, and my 15 year old brother has an IEP because he’s dyslexic. My parents update his IEP semi-annually. But we both have different first and middle names and we’re also 5 years apart, so I’m not sure if the address I listed on file possibly confused their system? 

Link to comment
Share on other sites

With a day of researching this, I believe I’m going to have to submit  this form, but to get this “developmental disability” thing off my record, should I also get a mental evaluation and send it to the ISP or FCRB to prove I don’t have any and they’ve got the wrong information? Or should I submit this form and see what they say they need for verification? 

Edited by milkman70
Link to comment
Share on other sites

On 4/3/2023 at 1:29 AM, milkman70 said:

With a day of researching this, I believe I’m going to have to submit  this form, but to get this “developmental disability” thing off my record, should I also get a mental evaluation and send it to the ISP or FCRB to prove I don’t have any and they’ve got the wrong information? Or should I submit this form and see what they say they need for verification? 

 

 

I would start with this form and when you email it, I would include a message saying you have never been declared to have a “developmental disability” as you understand it in the statute. Ask for verification of their records about this “developmental disability”.

Link to comment
Share on other sites

On 4/3/2023 at 11:41 AM, Molly B. said:

 

 

I would start with this form and when you email it, I would include a message saying you have never been declared to have a “developmental disability” as you understand it in the statute. Ask for verification of their records about this “developmental disability”.

I agree. This prohibitor usually means that a physician evaluated you and found you to be truly developmentally disabled, e.g. you have problems with day-to-day functioning, the condition will last your lifetime, there is no treatment, and you have impairments in physical, learning, language or behavior areas. Sounds like that isn't you, so likely a mistake.

Link to comment
Share on other sites

On 4/3/2023 at 11:41 AM, Molly B. said:

 

 

I would start with this form and when you email it, I would include a message saying you have never been declared to have a “developmental disability” as you understand it in the statute. Ask for verification of their records about this “developmental disability”.

First of all, thank you for the responses! I really really really appreciate the help. 
 

Earlier today, I contacted the psychologist that I saw when I was 13 and asked her about my record with her, and asked if she would evaluate me for my appeal. She said that I was only clinically diagnosed with ADHD by her account. She told me that she didn’t do FOID evaluations anymore, but she referred me to another physician up by Chicago who does specialize in FOID appeals. I spoke with him on the phone shortly after, told him about my situation, and he said he isn’t surprised the state’s done this. He wants me to sign some forms to get access to my full records and see if/when I was ever declared disabled. Then he wants me to get evaluated by him, which isn’t going to be cheap, so he can approve me for my appeal form. He also wants me to get copies of both my high school and college transcripts to him so he can send to ISP to prove I was never in any special education classes. He also wants me to get one high school teacher and one of my college professors to both write a letter for the ISP on my behalf of me never having learning difficulties or being in special ed during my time in each respective school. He seems really hopeful this can all be cleared up by just providing evidence that I’m not developmentally disabled, instead of relying on ISP or the FCRB to conduct their own investigations into it. 

 

I will try to update back here as I go along with the appeal process, but thank you again for the advice an help. I really appreciate it. 

Link to comment
Share on other sites

IDHS defines it further:

"Developmental Disability (DD): A disability which is attributable to an intellectual disability or a related condition. (Refer to the definitions of an intellectual disability and related condition for further details.)"

"Intellectual Disability (ID): Refers to significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested before the age of 18 years.  Significantly subaverage is defined as an intelligence quotient (IQ) of 70 or below on standardized measures of intelligence.  This upper limit could be extended upward depending on the reliability of the intelligence test used. "

 

https://www.dhs.state.il.us/page.aspx?item=53030

 

Curious if you have records of any formal IQ testing done, as that's pretty commonly done to diagnose ADHD.   Or, have an official one conducted now?  Perhaps then you can appeal it as a records challenge?

Being in special ed classes based on the claim of that doc is absolutely BS.  That alone does not classify you as having an ID.  IDPs are pretty common in schools, and that doesn't classify you as having an ID by itself.  And, school performance by itself does not classify you to be having an ID, either. I'd go to a different evaluator if I were you, I don't think he knows what he's doing...

 

Having a true ID, would woefully disqualify you from ever getting a LEO job, anywhere. 70 IQ is really low.  It's roughly 2 SD below average, which would place you in the bottom 2%.

 

It's probably too late, but I'd report that quack doctor, if I were you.

Link to comment
Share on other sites

  • 2 weeks later...
On 1/18/2023 at 3:37 PM, luvenb said:

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

Hello all, after about 6 months I checked on my foid and learned it was issued on 4/17/23.  I guess we just have to hang in there.

Link to comment
Share on other sites

  • Molly B. locked this topic
  • Molly B. unlocked this topic
On 4/1/2023 at 5:03 PM, Talo19 said:

What a great ending for you. It’s been almost 7 years and now my appeal is being transferred to the FCRB. The best part is they will contact me to see if I am still interested in the appeal. Smh, such a silly thing to ask, it’s only been forever. The Glock Talo19 I purchased and never took possession of was sold. I need to find a new state to live in, Illinois does not do right.

Update- I received an email with a Request for FOID Relief and Reinstatement of Firearms Rights paperwork included for me to fill out and send back. My fingers are crossed that something will actually change.

Link to comment
Share on other sites

On 5/2/2023 at 11:51 AM, Talo19 said:

Update- I received an email with a Request for FOID Relief and Reinstatement of Firearms Rights paperwork included for me to fill out and send back. My fingers are crossed that something will actually change.

Paperwork turned in Thursday. Wake up to a message on the portal.

 

Your submission could not be approved because of a statutory prohibitor in your background. Please review your revocation letter for more information. Most recent FOID and CCL correspondence can be found by clicking the, "Correspondence" tab in your dashboard. For more information about the appeal process please visit the Firearms Services Bureau, "Types of Appeals" website at isp.illinois.gov/TypesOfAppeals. For a list of available forms and appeal checklists, go to isp.illinois.gov/foid/forms. Also, contact the FOID Record Challenge Unit here: isp.frcu@illinois.gov.

Link to comment
Share on other sites

On 5/6/2023 at 8:03 AM, Talo19 said:

Paperwork turned in Thursday. Wake up to a message on the portal.

 

Your submission could not be approved because of a statutory prohibitor in your background. Please review your revocation letter for more information. Most recent FOID and CCL correspondence can be found by clicking the, "Correspondence" tab in your dashboard. For more information about the appeal process please visit the Firearms Services Bureau, "Types of Appeals" website at isp.illinois.gov/TypesOfAppeals. For a list of available forms and appeal checklists, go to isp.illinois.gov/foid/forms. Also, contact the FOID Record Challenge Unit here: isp.frcu@illinois.gov.

Quick update. Received message from Review Board asking if I a reapplied. I responded that there was no option to reapply. I only turned in my FOID to local Sheriffs office per instruction. Sent my appeal and have been patiently waiting for years. Received another email saying the following.

 

 

We are contacting our technology people to open the portal for you to reapply.  It may take a few days.  We appreciate your patience.

 

Respectfully,
FOID Card Review Board

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 members

    • No registered users viewing this page.
×
×
  • Create New...