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How to Appeal Revoked or Denied FOID


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That's great news! Congratulations!

And looks like your appeal was processed in about 5 months.

Thanks Molly. Hey quick question? What's it like doing a change of address for the foid card?? Do I change address on my license first and then apply for change of address on the foid? And while that's happening can I still go to the gun range, purchase firearms? Or do I lose any privileges temporarily? Do they make me turn in my old foid or do I keep it? Edited by Rediguana
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Change on your driver's license first. If applying for CCL, enter your new address as current address and move old address to your address history and your FOID will automatically be changed - DO NOT do an address change request if you are applying for CCL. That will cause you to be locked out of the system for months.

 

Also, be sure to confirm everything is expunged by doing one last background check with finger prints, if that has not been completed and all agencies confirmed removal of the records, you could end up with an objection filed against your CCL application

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  • 3 weeks later...

UPDATE and need help please:
 

I have updates and wanted to get your more-experienced perspective and any possible advice please.

Background: I was denied because of a juvenile record and a mental-health prohibitor.

Criminal Record Expungement is complete.
It is confirmed that my juvenile record has been expunged; I have the letter from the IL State police stating they have processed the court order to expunge the record. I have no adult charges ever; so I have a clean record.

Mental-Health was greater than 5 years ago and I now have a psychologist's certification in my favor.
I have just completed a mental-health certification.  As mentioned earlier this year, my one-and-only mental health issue (a voluntary stay in the hospital because of anxiety/depression after a very difficult divorce; where it was determined I have no mental health issues, was not given any med, and was released with a favorable report after the minimum required 72 hours observation) had occurred 10 years ago.
The licensed psychologist is submitting an official certification on my behalf. 


My question and concern:
My FOID application was denied March 03, 2020.
Therefore it has been greater than 60 days since my denial letter.

For example, Section 1230.70 (b)(2) Appeal:
“Individuals who wish to request relief from the Department shall provide written notice of this intention to the Firearms Services Bureau, Appeals Unit within 60 days after receipt of the notice that their FOID application is denied or their FOID Card is revoked to begin the appeal process.”
https://ilga.gov/commission/jcar/admincode/020/020012300000700R.html

 

What does someone do if it has been greater than 60 days (such as in my situation) since they were denied?
I now meet all listed requirement to be approved (I no longer have the juvenile record and I have a mental-health certification for an issue that was greater than 5 years ago).
How do I appeal or apply now that it had been well over a year since my denial? 


In addition, at the bottom of the "request for FOID appeal" form it clearly states:
"Pursuant to 430 ILCS 65/10 (a), you must appeal to the circuit court in your county of residence, not to the ISP, if your FOID card was denied or revoked for any of the following reasons: forcible felony, stalking, aggravated stalking, domestic battery, any violation of the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, or the Cannabis Control Act that is classified as a Class 2 or greater felony, any felony violation of Article 24 of the Criminal Code of 1961 or the Criminal Code of 2012, or any adjudication as a delinquent minor for the commission of an offense that if committed by an adult would be a felony."
https://www.ispfsb.com/Public/Firearms/FOID/AppealRequest.pdf

However, my criminal record is now expunged so I no longer have the prohibiting charge.
How do I appeal or re-apply now that I no longer have a criminal record and I am no longer someone with an "adjudication as a delinquent minor for the commission of an offense that if committed by an adult would be a felony?"


But the my ISPFSB record/account shows my previous denial.
 

Any help would be greatly appreciated. I cannot afford attorneys etc. (it took a year to afford the mental-health cert). I've been working on this for so long now and just want to enjoy my God-given and Second-Amendment protected Rights.

Thank you

Edited by Rick T
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Rick T,

 

Do not be concerned about the 60 days.  First question, was the juvenile record expunged or just sealed?

 

If expunged then I would suggest you file two appeals in one pkg. 

 

One appeal would be a record challenge for the now expunged conviction.

One appeal would be the Mental Health more than 5 years ago.

 

Send them both together with all required documentation to the email address listed on the form - send a copy of the email to yourself for proof of submission.  Include a letter with your full legal name, date of birth, FOID application number or Driver's License number and explain you are appealing for both situations.

 

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

 

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

 

 

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

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2 minutes ago, Molly B. said:

Rick T,

 

Do not be concerned about the 60 days.  First question, was the juvenile record expunged or just sealed?

 

If expunged then I would suggest you file two appeals in one pkg. 

 

One appeal would be a record challenge for the now expunged conviction.

One appeal would be the Mental Health more than 5 years ago.

 

Send them both together with all required documentation to the email address listed on the form - send a copy of the email to yourself for proof of submission.  Include a letter with your full legal name, date of birth, FOID application number or Driver's License number and explain you are appealing for both situations.

 

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

 

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

 

 

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


It was completely Expunged.  It was previously a sealed record but I petitioned the Court and it was ordered to be Expunged earlier this year.
Recently, I received letters from LE agencies including the ILSP confirming they have followed the Court order and completed the Expungement of the record.

Thank you for the information -- I will save all of this.
Much appreciated.

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18 minutes ago, Rick T said:


It was completely Expunged.  It was previously a sealed record but I petitioned the Court and it was ordered to be Expunged earlier this year.
Recently, I received letters from LE agencies including the ILSP confirming they have followed the Court order and completed the Expungement of the record.

Thank you for the information -- I will save all of this.
Much appreciated.

 

 

Be sure to include a certified copy (signed and stamped) of the expungement with your appeal.

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14 hours ago, Molly B. said:

Rick T,

 

Do not be concerned about the 60 days.  First question, was the juvenile record expunged or just sealed?

 

If expunged then I would suggest you file two appeals in one pkg. 

 

One appeal would be a record challenge for the now expunged conviction.

One appeal would be the Mental Health more than 5 years ago.

 

Send them both together with all required documentation to the email address listed on the form - send a copy of the email to yourself for proof of submission.  Include a letter with your full legal name, date of birth, FOID application number or Driver's License number and explain you are appealing for both situations.

 

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

 

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

 

 

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

 I completely agree with Molly B.

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Is there a phone number they actually pick up, or anyway to get in contact with them in a timely manner, to find out if they received all my materials supporting my appeal of revocation? I have sent them everything, or had it sent, they have rules that this stuff must be sent by the Doctors office or by the individuals, organizations supporting my appeal. Ive received two E-mails thru the months, each sent many weeks after my original E-mail requests, saying they never received some material.

 

Ive never been in legal trouble. It was a mental health admission due to months of severe insomnia caused me my Doctors prescribing meds for a severe sleep problem I had for many years from chronic pain and breathing problems and the surgery for it didn't help. I never abused the medications nor was I warned about the problems they would cause eventually. This entire episode just never should have happened. Is there anyone I can call or write or E-mail that actually answer's so I can get an answer about the status of my appeal and if they received what they needed?

 

My Doctor sent in a forensic letter, in fact Ive been supported by 3 Doctors, employers, friends, and have lived an entirely lawful life. I just want to talk to someone who actually answers. Do these letters and such actually go into an appeal file? Are they saved? I just dont understand the process and want to get back to work. Basically I lost my FOID due to 5 months of not being able to sleep and in the middle of a Covid epidemic nobody helped me. I dont even know how many times I went 1, 2,3 even 4 days and nights without sleeping at all.

 

Thank you for any help or answers to my questions.

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On 9/16/2021 at 9:01 PM, Molly B. said:

There really is not a telephone number to speak with someone about appeals.  You can try sending an email inquiry to this email address:

 

ISP.FOID.Appeals@illinois.gov

 

 

Please keep us posted on your progress.

Thanks Mollie. Ive E-mailed them several times and twice Ive gotten replys about 6 weeks later that dont answer my original question. All I want to know is if they have received the materials that have been sent. It would have been so much easier if i could have sent a packet of the stuff in entirety under registered mail but ISP insist's the stuff gets sent by its origin and not by me.

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On 9/17/2021 at 7:03 AM, Mr.2nd said:

Thanks Mollie. Ive E-mailed them several times and twice Ive gotten replys about 6 weeks later that dont answer my original question. All I want to know is if they have received the materials that have been sent. It would have been so much easier if i could have sent a packet of the stuff in entirety under registered mail but ISP insist's the stuff gets sent by its origin and not by me.

 

In your inquiry,  did you include the names of dr/facilities who would be sending documents?

 

These types of appeals seem to be taking about 6-8 months. 

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Hi Molly,

 

I was hoping you would have some advice on my situation. I just checked my FOID application to see that is was denied. However as far as I can tell, there is no reasoning given on the application portal and when I tried calling the number on the State Police website it does not go through.

My only guess would be that is has something to do with the mental health question as I have been to a therapist / on medicine at some point in the last 5 years.

Is this something that you have seen before?

 

Thanks for you help,

Andrew

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Answering yes to any of the mental health questions in the application process is an automatic denial.

The questions are:

Within the past 5 years (preceding the date of this application), have you been a patient in a mental institution or any part of a medical facility for the treatment of mental illness?

Have your ever been adjudicated by a court as a mental defective or ordered by a court, board or authorized entity to an in-patient or out-patient mental health?

Are you intellectually or developmentally disabled?

 

If you answered yes in error, you can submit a request for correction.  Going to a therapist and being on medication does not always mean treatment for mental illness.

The definition of mental illness in Illinois Statute is: (405 ILCS 5/1-129)
    Sec. 1-129. Mental illness. "Mental illness" means a mental, or emotional disorder that substantially impairs a person's thought, perception of reality, emotional process, judgment, behavior, or ability to cope with the ordinary demands of life, but does not include a developmental disability, dementia or Alzheimer's disease absent psychosis, a substance use disorder, or an abnormality manifested only by repeated criminal or otherwise antisocial conduct.
(Source: P.A. 100-759, eff. 1-1-19.)

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On 9/17/2021 at 8:38 PM, Molly B. said:

Answering yes to any of the mental health questions in the application process is an automatic denial.

The questions are:

Within the past 5 years (preceding the date of this application), have you been a patient in a mental institution or any part of a medical facility for the treatment of mental illness?

Have your ever been adjudicated by a court as a mental defective or ordered by a court, board or authorized entity to an in-patient or out-patient mental health?

Are you intellectually or developmentally disabled?

 

If you answered yes in error, you can submit a request for correction.  Going to a therapist and being on medication does not always mean treatment for mental illness.

The definition of mental illness in Illinois Statute is: (405 ILCS 5/1-129)
    Sec. 1-129. Mental illness. "Mental illness" means a mental, or emotional disorder that substantially impairs a person's thought, perception of reality, emotional process, judgment, behavior, or ability to cope with the ordinary demands of life, but does not include a developmental disability, dementia or Alzheimer's disease absent psychosis, a substance use disorder, or an abnormality manifested only by repeated criminal or otherwise antisocial conduct.
(Source: P.A. 100-759, eff. 1-1-19.)

 

 

Thanks for your reply, I did not answer yes to any of the questions so that must not be what my issue is then. I am going to keep trying to get a hold of someone at the ISP.

 

 

 

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Actually after reading through the issues other people are having in this thread it sounds like I was denied because I was put into a mental hospital when I was 17 (few weeks before I turned 18). I figured that would not even be considered as I was still a minor and this happened in late 2010 but it sounds like this must be on my record still. I don't think there is anything else it could be and I never got a reason for being denied.

 

Based on what I have read it sounds like the only route is one of these expensive evaluations then?

 

 

Thanks again for the help

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On 8/22/2021 at 7:33 PM, Molly B. said:

 

 

Be sure to include a certified copy (signed and stamped) of the expungement with your appeal.

 

On 8/23/2021 at 9:53 AM, FredNickl said:

 I completely agree with Molly B.

Thank you both. Your time and insight is very much appreciated. 
I will move forward with it and then update here if/when I have any news.  
 

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Hi again Molly,

 

I did get the denial letter like you said. According to it the reason is 430 ILCS 65/8 (U). Reading through this it says I will need to be cleared by a mental health evaluation for being admitted to a mental health facility more than 5 years ago.

 

Is the only avenue forward at this point one of those FOID evaluations? I tried searching this online a bit and it seems the asking price is $800 minimum. Are you aware of people having luck working with other evaluators (the letter says it can be a physician, clinical psychologist, or qualified examiner)?

 

 

Thank you again,

Andrew

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The letter of mental certification after more than 5 years can be filled out by your doctor.

 

If you were a patient in a Mental Health Facility more than five years ago:

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  • 1 month later...

Applied around 10/4/21


Denied because of mental health admission OVER 5 years

 

Saw a specialist for psych eval and appeal form(by the way these specialists charge anywhere from $500-$3500). Highly recommended this Doc

 

Everything sent certified to Springfield 10/21/21

 

Just went active today 10/29/21

 

Should be in my mailbox next week, fingers crossed

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  • 2 weeks later...

I'm trying to find some help or information on my FOID & CCL revocation and saw this thread. 

 

Had my FOID and CCL revoked in 2019 after a voluntary stay in a mental health facility.  It had nothing to do with firearms, self-harm or wanting to harm others.  I was suffering from akathisia at the time due to a med I was on and didn't know what it was or what else to do so I checked myself in. 

 

In October 2020 I submitted all the paperwork and supporting records.  I haven't heard anything from the ISP.  I don't know if they received any of the items I sent them or if I'm just in an administrative black hole so that they don't have to give someone with a mental hospital record their rights back.  I've tried to contact them via email, but no replies and can't get anywhere trying to call them. 

 

Wondering if anyone can help or provide advice? 

 

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On 11/7/2021 at 2:39 PM, QuincyMorris said:

I'm trying to find some help or information on my FOID & CCL revocation and saw this thread. 

 

Had my FOID and CCL revoked in 2019 after a voluntary stay in a mental health facility.  It had nothing to do with firearms, self-harm or wanting to harm others.  I was suffering from akathisia at the time due to a med I was on and didn't know what it was or what else to do so I checked myself in. 

 

In October 2020 I submitted all the paperwork and supporting records.  I haven't heard anything from the ISP.  I don't know if they received any of the items I sent them or if I'm just in an administrative black hole so that they don't have to give someone with a mental hospital record their rights back.  I've tried to contact them via email, but no replies and can't get anywhere trying to call them. 

 

Wondering if anyone can help or provide advice? 

 

 

 

I see appeals involving admission to a mental health facility in less than 5 years taking about 12 to 18 mos.  

Have you sent an inquiry asking if they received all required documents from you and from your psych evaluation?

ISP.FOID.Appeals@illinois.gov

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Hey Molly!

 

Yes, I email on October 3 and got an automated reply.  Nothing from them since then.   (I've also checked my spam folder off and on as well and I don't think I've missed it.) 

 

Haha.  I've even emailed my General Assembly representatives to see if there is anything they can do as I'd read sometimes talking w/ them can help.  Nothing from them either.  (I suppose its surprising that they wouldn't want to touch a topic like this.)

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On 11/8/2021 at 11:49 AM, QuincyMorris said:

Hey Molly!

 

Yes, I email on October 3 and got an automated reply.  Nothing from them since then.   (I've also checked my spam folder off and on as well and I don't think I've missed it.) 

 

Haha.  I've even emailed my General Assembly representatives to see if there is anything they can do as I'd read sometimes talking w/ them can help.  Nothing from them either.  (I suppose its surprising that they wouldn't want to touch a topic like this.)


I would guess you are in a holding pattern until they let you know if they need more info or until they process your appeal

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Hey Molly! I was denied for my FOID card because of a Mental Health hospital visit within the last 5 years. I have submitted all of my proper information in June of 2020. I received and email in August of 2020 saying they received all of my information. Since then have heard nothing after various emails and leaving voicemails. Every time that I send an email I get the same automated message response. I was wondering if there was any advice or information that would be helpful. Thank you!

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On 11/14/2021 at 11:30 AM, Jacob W said:

Hey Molly! I was denied for my FOID card because of a Mental Health hospital visit within the last 5 years. I have submitted all of my proper information in June of 2020. I received and email in August of 2020 saying they received all of my information. Since then have heard nothing after various emails and leaving voicemails. Every time that I send an email I get the same automated message response. I was wondering if there was any advice or information that would be helpful. Thank you!



Jacob,

Most appeals of this nature are taking about 12 to 18 mos. You are definitely nearing the far end of that time frame.  With this type of appeal the only option I know is maybe having an attorney contact the ISP for you might spur them into action?

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