How to Appeal Revoked or Denied FOID

[Hellcat]

I sent a packet with all required documents almost a year and a half ago and have never received any information from the State.  I have left numerous voicemails and sent emails to the State and have not received a response.  Any suggestions on what to do?

[mkhalil61]

On 1/6/2022 at 2:24 PM, Hellcat said:

I sent a packet with all required documents almost a year and a half ago and have never received any information from the State.  I have left numerous voicemails and sent emails to the State and have not received a response.  Any suggestions on what to do?

Hire a lawyer- seems to get ISP cronies moving 

[Molly B.]

On 1/6/2022 at 2:24 PM, Hellcat said:

I sent a packet with all required documents almost a year and a half ago and have never received any information from the State.  I have left numerous voicemails and sent emails to the State and have not received a response.  Any suggestions on what to do?

I would suggest you send a request for hearing review to the director of the ISP:

 

Quote

 

Sec. 10. Appeal to director; hearing; relief from firearm prohibitions.

1. Whenever an application for a Firearm Owner's Identification Card is denied, whenever the Department fails to act on an application within 30 days of its receipt, or whenever such a Card is revoked or seized as provided for in Section 8 of this Act, the aggrieved party may appeal to the Director of State Police for a hearing upon such denial, revocation or seizure,

 

 

You will need to send a letter to the director and request a hearing on the appeal you filed and give the date or approximate date you submitted your appeal the first time. In the letter, give your full legal name, date of birth, FOID number, and the date your FOID card was denied/revoked. Send a complete set of the appeal forms you already filed.

Send this all via a mail service that will provide you with a signed receipt of delivery to:

 

Director Brendan Kelly

Illinois State Police

801 S. 7th Street

Springfield, IL 62703

 

Please keep us posted on your progress.

[veela]

My dr signed the paperwork for me today for > 5 years since being voluntarily committed.   We will see how long until something happens.  Over/under bets?  Lol

 

ETA:  Filled out my FOID application and paid online today 1/19/2022.  

Edited January 19, 2022 at 11:09 PM by veela
more info

[Molly B.]

On 1/17/2022 at 7:49 PM, veela said:

My dr signed the paperwork for me today for > 5 years since being voluntarily committed.   We will see how long until something happens.  Over/under bets?  Lol

 

I'm going to guess 6 mos.,  I hope the ISP prove me wrong and they get your appeal processed in less time!

 

[veela]

On 1/17/2022 at 8:27 PM, Molly B. said:

 

I'm going to guess 6 mos.,  I hope the ISP prove me wrong and they get your appeal processed in less time!

 

Molly - I will donate $100 to the site now. I will add another $100 per month if it comes before my birthday in July.  

[Molly B.]

For a great cause like IllinoisCarry - here's hoping!!!

[Cuddlygoose]

My FOID just went back "Under Review" today, after submitting my mental health > 5 years cert. The Dr i went to said it's been taking his other patients about 2 weeks for theirs to get approved. I'm not sure if i completely believe that.

[Molly B.]

After it goes to under review, it can move pretty quickly.  Please keep us posted on your status.  It will be helpful to see how the process is moving!

[veela]

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.

[mkhalil61]

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.

Now your in limbo for the next hundred + days 

[Rm4]

Hey Everyone,

Applied for my foid about a month ago and was denied due to a voluntary health admission from 10+ years ago when I was a minor. I have had a physician fill out/send in the paperwork on his end and have filled out most of the forms on my end. 

 

My question is what should I put on the box that asks me to describe the reason for my appeal. I figured I should keep it short and sweet but wanted advice from those who have gone through the process. 

My thinking was writing in there:

"Dealt with issues as minor. No subsequent issues. Have been cleared by physician and physician has sent original copy of Mental Health Certification for Firearm Possession."

 

Is that too non descriptive/ should I add more information to the reason?

 

Thanks again for all your help.

 

Edited February 1, 2022 at 12:43 AM by Rm4

[JTHunter]

Rm4 - that sounds good except for one thing.  I would suggest that you use "juvenile" instead of "minor", simply for clarity.  After all, "minor" and "miner" are confusing sound-alikes.  If I may ask, were you less that 13 years old when this happened or over 13?

Good luck !

[Rm4]

Hey JT,

 

Thanks for the advice! I was 15 at the time. 

[Littleagnes99]

My appeal went very quick. Appealed to the state early December 2021 and won appeal January 2022.  Had to apply for a new foid card on January 8th and my card just went active.  Surprised how quick it went.  I used an attorney who said he's been having very good luck lately.  

[AlphaKoncepts aka CGS]

On 2/7/2022 at 7:14 PM, Littleagnes99 said:

My appeal went very quick. Appealed to the state early December 2021 and won appeal January 2022.  Had to apply for a new foid card on January 8th and my card just went active.  Surprised how quick it went.  I used an attorney who said he's been having very good luck lately.  

Would you mind sharing your attorney's name for others to reference?

[Littleagnes99]

On 2/8/2022 at 8:37 AM, AlphaKoncepts aka CGS said:

Would you mind sharing your attorney's name for others to reference?

Molly B. has the attorney's name for anyone wanting to contact him.  

Edited February 8, 2022 at 04:12 PM by Littleagnes99

[chemical operator1]

It’s been almost 2 years. But looks like with some help from people here, my state Senators & Representatives and my attorney I am FINALLY getting issued my FOID. I’ll upload the letter I received from ISP. Don’t give up. Be persistent and you will prevail. 60 days cannot come soon enough. 

[Molly B.]

Fantastic!!  And this is the first appeal I've seen with a reference to the 2021 Evans case that rules restoration of rights is NOT contrary to federal law! This is huge and now maybe isp will stop contesting appeals on the basis of their belief it was contrary to federal law. We have been fighting against this since 2013. A very sweet win. Huge.  Really. Huge.

[chemical operator1]

My only concern is that when my new FOID expires and I go to renew, could a new director deny me or the FSB choose not to renew it. And would I have to start at square 1 all over again? And could obtaining a CCL be an issue? Thoughts? 

Edited February 13, 2022 at 02:28 PM by chemical operator1

[Molly B.]

That is not usually the case.  Once rights are restored,  that info should stay with your file. 

[chemical operator1]

Thanks Molly. 

[FredNickl]

Though I agree with Molly, I have seem some horror shows. One time, relief was granted after informal appeal, FOID issues, but then denied at renewal. Why? Because ISP can't find the letter they sent restoring renewal applicant's firearm civil rights 10 years prior. Renewal applicant searches everywhere, can't find it either. Without proof that rights were ever restored, renewal applicant must submit new appeal.

[chemical operator1]

Good thing I’m keeping the letter they sent in my safe. 

[Molly B.]

On 2/14/2022 at 7:46 AM, FredNickl said:

Though I agree with Molly, I have seem some horror shows. One time, relief was granted after informal appeal, FOID issues, but then denied at renewal. Why? Because ISP can't find the letter they sent restoring renewal applicant's firearm civil rights 10 years prior. Renewal applicant searches everywhere, can't find it either. Without proof that rights were ever restored, renewal applicant must submit new appeal.

I have also seen this happen.

[lnegron]

In 2020 I applied for a FOID card. I provided all the documentation required. After 8 months I received a letter stating something about they could not find anything showing that I do not have a record. What the hey!!!?!? I appealed the denial and was denied again stating that I did not submit the proper paperwork despite me sending everything in my initial request. Why do I need to get a certified letter from my Clerk stating I have no back ground when I have no background? I feel that I am getting the run around. Any help is greatly appreciated.

[Molly B.]

On 2/16/2022 at 6:32 AM, lnegron said:

In 2020 I applied for a FOID card. I provided all the documentation required. After 8 months I received a letter stating something about they could not find anything showing that I do not have a record. What the hey!!!?!? I appealed the denial and was denied again stating that I did not submit the proper paperwork despite me sending everything in my initial request. Why do I need to get a certified letter from my Clerk stating I have no back ground when I have no background? I feel that I am getting the run around. Any help is greatly appreciated.

Possible to send me a private message with a copy of the denial letter you received?

[MamaBear]

Hi, I applied for my FOID card in February/March of 2021. In April of 2021 my divorce judge allowed me to resume my maiden name so I immediately filed for a name change with my FOID card, which immediately revoked my card 3days after receiving it in the mail. 11 years ago, (either a sophomore or junior in high school) I went to a mental health facility for 7 days for attempted… via aspirin which just made me sick to my stomach, all went well and I was released, no medication, no outpatient care. In October of 2021 my therapist/counselor completed and sent out the Mental Health Certification to the ISP and on February 6th of 2022, I sent the Mental Health Record for the hospital, Foid Disposition and Request for Investigation. I misplaced my FOID card so I did put lost/destroyed on the paperwork, do you think maybe that would slow the process? I’ve called and I get through (to the payment department) but they’re no help and I’ve left a voicemail and emailed but no responses. I want to be sure that I have everything completed and also that me missing the 60 days to Appeal after revocation didn’t make me ineligible or something. Any help on this is greatly appreciated.  
 

[Molly B.]

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.

[MamaBear]

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.

Okay. Yeah I figured that would have been checked/seen when I applied but alright, I’ll stay hopeful. Thank you for responding!

Edited February 19, 2022 at 09:26 PM by MamaBear