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How to Appeal Revoked or Denied FOID


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My FOID was revoked almost 2 years ago due to Clear and Present Danger report being filed by a police officer.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!

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

 

Thank You!

 

This is a new one I've never heard before. Do you know who signed off on the report? Do you think you might have any success in speaking with the head of the department where this officer works? Explain the situation, show them the expungement order and ask them to retract the clear and present danger notice they filed with the ISP?

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

 

Thank You!

 

This is a new one I've never heard before. Do you know who signed off on the report? Do you think you might have any success in speaking with the head of the department where this officer works? Explain the situation, show them the expungement order and ask them to retract the clear and present danger notice they filed with the ISP?

 

Can it be retracted? Honestly, I might be able to make that happen.

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Am I understanding this correctly? A comment on Facebook can put a kibash on a Foid/CCL application?

 

Yep, there was more to it including the arrest that happened a couple weeks prior but was expunged. The actual facebook post didn't threaten anyone, someone with an ax to grind with me made an anonymous tip with a little added spin.

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

 

Thank You!

 

This is a new one I've never heard before. Do you know who signed off on the report? Do you think you might have any success in speaking with the head of the department where this officer works? Explain the situation, show them the expungement order and ask them to retract the clear and present danger notice they filed with the ISP?

 

 

Since I added my reply to the quote before, going to reply again

 

Yes, I have a copy of the report and I know the police chief. I can probably get a sit down with the chief and the officer who filed the report and discuss it all rationally. What I didn't know is that it can be retracted. So do you know for a fact that the officer who filed the report can retract it and get my rights restored?

Edited by HateTheFoid
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This is a new one I've never heard before. Do you know who signed off on the report? Do you think you might have any success in speaking with the head of the department where this officer works? Explain the situation, show them the expungement order and ask them to retract the clear and present danger notice they filed with the ISP?

 

 

Since I added my reply to the quote before, going to reply again

 

Yes, I have a copy of the report and I know the police chief. I can probably get a sit down with the chief and the officer who filed the report and discuss it all rationally. What I didn't know is that it can be retracted. So do you know for a fact that the officer who filed the report can retract it and get my rights restored?

 

 

 

Like I mentioned, this is a new situation I have not seen before. There is no reason I know to prevent them from submitting a statement to ISP correcting this situation.

 

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This is a new one I've never heard before. Do you know who signed off on the report? Do you think you might have any success in speaking with the head of the department where this officer works? Explain the situation, show them the expungement order and ask them to retract the clear and present danger notice they filed with the ISP?

 

 

Since I added my reply to the quote before, going to reply again

 

Yes, I have a copy of the report and I know the police chief. I can probably get a sit down with the chief and the officer who filed the report and discuss it all rationally. What I didn't know is that it can be retracted. So do you know for a fact that the officer who filed the report can retract it and get my rights restored?

 

 

 

Like I mentioned, this is a new situation I have not seen before. There is no reason I know to prevent them from submitting a statement to ISP correcting this situation.

 

 

 

I'm going to contact the police chief and request a sit down, I expect him to agree and have a reasonable conversation with the officer that wrote the report. I never thought this could be an option, all I've been told is to not even try for 5 years and that was from a mental health professional to get my first ever mental evaluation to satisfy the idiotic and completely unthought out state requirements on this issue.

 

What has amazed me through this is I am supposed to remove the guns from my house. What about my wife's rights as a FOID holder? What about my son's rights as a FOID holder and member of the National Guard? What are my rights? It's completely stupid, really.....and they don't even have answers for their own rules.

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Seems like you've experienced firsthand one of the most unconstitutional laws the state has to offer. Due process need not apply to this law...

 

The FOID law itself states clear and present danger reporting from LEO needs to be demonstrated behavior. This is in contrast to communicated to specifically psychiatrist, psychologist, etc. So unless you said something specifically to the cop that the cop didn't like, they didn't have grounds to report it. The problem is that report is purely circumstantial in nature and confidential. Seems the ISP also accepts the information unconditionally so they likely won't believe you regardless of whether or not you try to get the local PD to retract it.

 

You're probably best off finding an attorney that specializes in FOID appeals. I wouldn't even bother contacting the police chief before then. The 5 years minimum is bogus. You'll want to get the evaluation from Someone else anyways.

 

Finally in case you haven't figured it out: The cops aren't your friends. The less you say to them. The better off you are.

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Seems like you've experienced firsthand one of the most unconstitutional laws the state has to offer. Due process need not apply to this law...

 

The FOID law itself states clear and present danger reporting from LEO needs to be demonstrated behavior. This is in contrast to communicated to specifically psychiatrist, psychologist, etc. So unless you said something specifically to the cop that the cop didn't like, they didn't have grounds to report it. The problem is that report is purely circumstantial in nature and confidential. Seems the ISP also accepts the information unconditionally so they likely won't believe you regardless of whether or not you try to get the local PD to retract it.

 

You're probably best off finding an attorney that specializes in FOID appeals. I wouldn't even bother contacting the police chief before then. The 5 years minimum is bogus. You'll want to get the evaluation from Someone else anyways.

 

Finally in case you haven't figured it out: The cops aren't your friends. The less you say to them. The better off you are.

 

The psychologist that I spoke to specializes in FOID evaluations and told me there isn't any point in trying until 5 years have gone by. I have been told to be VERY careful when selecting one to go to as many of them are anti gun to begin with and it's next to impossible to get them to clear you. As for attorneys, I've spoke to a couple but it just seems there aren't very many who really understand the whole thing and maybe that's because ISP makes their own rules as they go along. I actually had one attorney inform me that he may be able to get my IL FOID back but my federal FOID is another issue, I didn't even bother asking him to explain to me what a federal FOID is.

 

I'm also disappointed in the gun groups, seems like one of them would offer some kind of legal assistance or would have filed some sort of class action suit on this. Or at least a suggested list of attorneys and psychologists would be nice. Where is the ACLU? They should be all over the removal of Constitutional rights without due process. It seems to me that I should be able to put a dollar value on the amount of time my rights were unlawfully taken away from me.

 

Funny thing is, this whole ordeal has actually been a testament to the strength of my mental health. If I did have issues, going through this could have pushed me right over the edge.

 

I am compiling information and creating an outline and plan to move forward with meeting with the chief and the officer who wrote the report. It may help me and I don't think it will hurt.

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Seems like you've experienced firsthand one of the most unconstitutional laws the state has to offer. Due process need not apply to this law...

The FOID law itself states clear and present danger reporting from LEO needs to be demonstrated behavior. This is in contrast to communicated to specifically psychiatrist, psychologist, etc. So unless you said something specifically to the cop that the cop didn't like, they didn't have grounds to report it. The problem is that report is purely circumstantial in nature and confidential. Seems the ISP also accepts the information unconditionally so they likely won't believe you regardless of whether or not you try to get the local PD to retract it.

You're probably best off finding an attorney that specializes in FOID appeals. I wouldn't even bother contacting the police chief before then. The 5 years minimum is bogus. You'll want to get the evaluation from Someone else anyways.

Finally in case you haven't figured it out: The cops aren't your friends. The less you say to them. The better off you are.

 

The psychologist that I spoke to specializes in FOID evaluations and told me there isn't any point in trying until 5 years have gone by. I have been told to be VERY careful when selecting one to go to as many of them are anti gun to begin with and it's next to impossible to get them to clear you. As for attorneys, I've spoke to a couple but it just seems there aren't very many who really understand the whole thing and maybe that's because ISP makes their own rules as they go along. I actually had one attorney inform me that he may be able to get my IL FOID back but my federal FOID is another issue, I didn't even bother asking him to explain to me what a federal FOID is.

 

I'm also disappointed in the gun groups, seems like one of them would offer some kind of legal assistance or would have filed some sort of class action suit on this. Or at least a suggested list of attorneys and psychologists would be nice. Where is the ACLU? They should be all over the removal of Constitutional rights without due process. It seems to me that I should be able to put a dollar value on the amount of time my rights were unlawfully taken away from me.

 

Funny thing is, this whole ordeal has actually been a testament to the strength of my mental health. If I did have issues, going through this could have pushed me right over the edge.

 

I am compiling information and creating an outline and plan to move forward with meeting with the chief and the officer who wrote the report. It may help me and I don't think it will hurt.

I'd still say whoever told you that 5 year minimum is highly suspect and questionable. That particular prohibitor doesn't even have a 5 year period, whereby after the timespan its treated differently...

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Seems like you've experienced firsthand one of the most unconstitutional laws the state has to offer. Due process need not apply to this law...

The FOID law itself states clear and present danger reporting from LEO needs to be demonstrated behavior. This is in contrast to communicated to specifically psychiatrist, psychologist, etc. So unless you said something specifically to the cop that the cop didn't like, they didn't have grounds to report it. The problem is that report is purely circumstantial in nature and confidential. Seems the ISP also accepts the information unconditionally so they likely won't believe you regardless of whether or not you try to get the local PD to retract it.

You're probably best off finding an attorney that specializes in FOID appeals. I wouldn't even bother contacting the police chief before then. The 5 years minimum is bogus. You'll want to get the evaluation from Someone else anyways.

Finally in case you haven't figured it out: The cops aren't your friends. The less you say to them. The better off you are.

The psychologist that I spoke to specializes in FOID evaluations and told me there isn't any point in trying until 5 years have gone by. I have been told to be VERY careful when selecting one to go to as many of them are anti gun to begin with and it's next to impossible to get them to clear you. As for attorneys, I've spoke to a couple but it just seems there aren't very many who really understand the whole thing and maybe that's because ISP makes their own rules as they go along. I actually had one attorney inform me that he may be able to get my IL FOID back but my federal FOID is another issue, I didn't even bother asking him to explain to me what a federal FOID is.

 

I'm also disappointed in the gun groups, seems like one of them would offer some kind of legal assistance or would have filed some sort of class action suit on this. Or at least a suggested list of attorneys and psychologists would be nice. Where is the ACLU? They should be all over the removal of Constitutional rights without due process. It seems to me that I should be able to put a dollar value on the amount of time my rights were unlawfully taken away from me.

 

Funny thing is, this whole ordeal has actually been a testament to the strength of my mental health. If I did have issues, going through this could have pushed me right over the edge.

 

I am compiling information and creating an outline and plan to move forward with meeting with the chief and the officer who wrote the report. It may help me and I don't think it will hurt.

I'd still say whoever told you that 5 year minimum is highly suspect and questionable. That particular prohibitor doesn't even have a 5 year period, whereby after the timespan its treated differently...

 

 

I'm not disagreeing with you but he is a reputable psychologist

 

I find the term "prohibitor" funny......I have no charges or convictions, no mental health history. The Clear and Present Danger report is literally an excerpt from an expunged arrest report and a copy and paste of an anonymous tip.

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HateTheFoid

 

What I meant about Facebook strikes again is this is where your problems started.

Too many have popped off in Facebook and it backfires. By pop off I’m talking about posting either text or video!

Think back and you’ll see the start of you issue based solely on your post here.......Facebook!

 

Your in a tough pickle, people have come out the other end many times. It will take some of that patience you talk about having.

Good Luck sir and please keep us posted each step along your new journey.

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Good news, after 2+ years of waiting, submitting comprehensive documentation including certified dispositions and a legal brief the quality of which I haven't written since law school, I was reissued my errantly revoked FOID!

 

One caveat: issued 4/26 and expiry date of 5/1!

post-19405-0-68130800-1621200207_thumb.jpeg

Edited by Chicago_Vic81
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Good news, after 2+ years of waiting, submitting comprehensive documentation including certified dispositions and a legal brief the quality of which I haven't written since law school, I was reissued my errantly revoked FOID!

 

One caveat: issued 4/26 and expiry date of 5/1!

 

So it is already expired?

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Good news, after 2+ years of waiting, submitting comprehensive documentation including certified dispositions and a legal brief the quality of which I haven't written since law school, I was reissued my errantly revoked FOID!

One caveat: issued 4/26 and expiry date of 5/1!

 

So it is already expired?

Yes. Picture is attached above. 5 day FOID.

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Hello Everyone!

So let me start by saying, I had a pretty criminal past. This past was mainly when I was in my mid to early
teens. I have a couple burglaries on it, aggravated assault and aggravated discharge of a firearm (I was 16)- the latter
I went to prison for a bit over a year for and got out just before I turned 18. When I was 20, I got a couple other burglary charges.
That's pretty much the full extent of my criminal history. I am not 41 and I have not had anything on my record since I was 20.

In 2013, I applied for a FOID card and was obviously denied, the reasoning being that "adjudicated delinquent minor for the offense of burglary".

Now roughly 8 years later, I would like to try to get my foid card again and maybe even my CCL (if that is even possible for me)
I have no clue what path to take, I have been looking into clemency/pardons, appealing to the director, etc.

I know going off of the start of this post, I probably look like some horrible person but it's now been 20 years and I haven't gotten in any trouble.
What I do for fun now? I go out and shoot bugs...with my camera. I enjoy macro photography.

Unfortunately when I was a kid I grew up poor and was involved with gangs. Not that it's a good excuse but that is what it was.
I can't stand gangs or anything along those lines these days.

If anyone would be so kind as to give me some guidance as far as my options and perhaps how to go about things, that would
be wonderful.

I know I can have my records sealed but that will not help in obtaining a FOID card.

Also, if an attorney is needed, any recommendations would be appreciated!

Thanks in advance for any assistance!

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In cases of adjudication as a delinquent minor for the commission of an offense that if committed by an adult would be a felony; you must appeal in circuit court in the county where you live. Once the court restores your right to possess firearms, submit a RECORDS CHALLENGE TO ISP INCLUDING A CERTIFIED COURT DOCUMENT SHOWING COURT ORDERED RELIEF.

 

Prior to petitioning the court, you should apply for a pardon from the governor, otherwise the IL attorney general will motion to dimiss your appeal because you have not exhausted all your options before petitioning the court. I don't think you have to wait on the pardon decision before petitioning the court.

 

One other thing before you appeal in circuit court, there is a case waiting on a ruling in the IL Supreme Court that could possibly help with this type of appeal. We hope the Supreme Court will issue the ruling before the end of the year . . . you may want to wait until that ruling comes out.

 

It's is almost always best to have an attorney, we have a list of attorneys here: https://illinoiscarry.com/forum/index.php?showtopic=40387&page=1

 

 

but there are templates available for folks who just can't afford an attorney.

 

Although we don't offer legal advice here, these are the steps that other members have used to get their rights restored.

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  • 2 weeks later...

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!

 

The statute lists Clear and Present Danger (CPD) as a prohibitor:

(f) A person whose mental condition is of such a
nature that it poses a clear and present danger to the applicant, any other person or persons or the community

 

A law enforcement officer can file a report claiming that you are a CPD and here is the statute section (there is also a form online that law enforcement can download, fill in, and submit to ISP:

(d) If a person is determined to pose a clear and present danger to himself, herself, or to others:

(1) by a physician, clinical psychologist, or

qualified examiner, or is determined to have a developmental disability by a physician, clinical psychologist, or qualified examiner, whether employed by the State or privately, then the physician, clinical psychologist, or qualified examiner shall, within 24 hours of making the determination, notify the Department of Human Services that the person poses a clear and present danger or has a developmental disability; or
(2) by a law enforcement official or school
administrator, then the law enforcement official or school administrator shall, within 24 hours of making the determination, notify the Department of State Police that the person poses a clear and present danger.

 

Finally, here is the definition of what CPD is:

"Clear and present danger" means a person who:

(1) communicates a serious threat of physical

violence against a reasonably identifiable victim or poses a clear and imminent risk of serious physical injury to himself, herself, or another person as determined by a physician, clinical psychologist, or qualified examiner; or
(2) demonstrates threatening physical or verbal
behavior, such as violent, suicidal, or assaultive threats, actions, or other behavior, as determined by a physician, clinical psychologist, qualified examiner, school administrator, or law enforcement official.

 

 

I can say this - I went years without a CPD denial/revocation case and have now handled 4 in 2021 alone.

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I'm working on getting my FOID reinstated after an ex tried and failed to get an order of protection against me.

I sent in:

Request for FOID Investigation, Relief and Reinstatement of Firearms Rights
and copy of the denied OP.
I received an email this week with the following:

You are receiving this email as a response to an OP appeal request you have submitted.

 

This e-mail serves to clarify what is needed.

 

In order to process your OP appeal and reissue your FOID card, you will need to:

 

*return your revoked FOID card to the Illinois State Police (FOID Lost or Surrendered Card Affidavit).

 

*THEN send a fax to “OP Reinstatements” @ 217-782-9137 requesting reinstatement of your FOID card.

 

 

Now I'm trying to fax the FOID surrendered affidavit to the number they gave me and it doesn't seem to be working.

Does anyone have the right fax number for the OP Reinstatements department?

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  • 1 month later...

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.

 

 

 

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.

 

Hey guys I would like to thank the forum and everyone that makes it possible. Thanks for your help and Molly B. After lots of research and work I got my foid card 7/23/2021! I had some possession cases and all were felonies. Case was dropped. Expunged. Foid card revocation appealed. I can't believe it!! Thanks guys! Thanks Molly B.

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