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How to Appeal Revoked or Denied FOID


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On 2/8/2023 at 9:29 AM, AlexK said:

Good news from me!

 

My FOID changed status to active yesterday. FOID was revoked in August due to incident from over 5 years ago.  Appeal was sent a few months ago and Mental Health Evaluation (5 or more years case) was sent in by the doctor in mid October. 

 

This is great news. I wonder how they determine what FOID cards to change from Revoked to Active. I have to reapply. I did ask if they can just reinstate the one that they originally approved.

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On 5/13/2023 at 8:26 AM, Molly B. said:

The mental health more than 5 years ago is a different process.

Definitely a slick way for good ole Illinois to double dip in the fee. Once I reapply , I have to wait until the part where I try and pick up my firearm to see if anything changed. My last fiasco I was granted the FOID, purchased that beautiful Talo edition Glock, and then bam revoked. still shell shocked from it, but very promising seeing other’s success. Molly you have been a tremendous help along the way for me 🙌🏿

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Hello Molly,

 

I had my FOID/CCL revoked due to a criminal case for possession. The case has now been dismissed and I was discharged and given the court order paperwork stating such. How do I go about submitting my appeal to reinstate my FOID? Also how long does the ISP have to address my appeal and make a final decision if you may know? Thanks again as always! 

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On 5/20/2023 at 12:36 PM, KENDLLB360 said:

Hello Molly,

 

I had my FOID/CCL revoked due to a criminal case for possession. The case has now been dismissed and I was discharged and given the court order paperwork stating such. How do I go about submitting my appeal to reinstate my FOID? Also how long does the ISP have to address my appeal and make a final decision if you may know? Thanks again as always! 

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If the only prohibitor was a pending felony case, if that felony case is dismissed with no plea, file a Records Challenge. You can find the MINIMUM requirements on the ISP website. I always give more and try to bulletproof the appeal as much as possible, but you can get by with the minimum. Because this isn't before the FOIDRB, there are NO timing requirements or deadlines at play here.

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Hello,

 

I was hoping someone could help confirm I have the correct order of processes for appealing a revoked FOID from 10 + years ago to help have the best chance at success.  I did not see my exact situation on the forum yet, and I don’t want to inadvertently set myself back in the proper appeal process.  I hope this can help someone else too. 

 

A little over 10 years ago my FOID was revoked for a voluntary mental health stay.  I’ve spoken with my Primary Care Physician and they are willing to sign off on the forms needed to reinstate my rights.  When my FOID was revoked, I turned it into my local police station.  I do believe I filled out the disposition form or some variation of the form at the time.  My FOID was also about 3 years from expiring at the time.  Right now on the ISP Portal my FOID status is revoked for Mental Health Admission of less than 5 years ago, but it gives me the option to apply for FOID.  This is where my order of processes question comes in because it has been over 10 years now:

 

Do I need to re-apply and get denied first for the appeal to be against the over 5 year reason?  Or should I have my PCP complete the MHC form first and then apply assuming an ISP Portal status change?  Or is there a different order to follow?  Does my original FOIDs expiration date effect this process at all?

 

The ISP checklist seems to indicate I only need to submit the MH Certification for an over 5 years denial, but other posts indicate completing the Request for FOID Reinstatement and Firearms disposition record.  I have no problem filling this form out again, if there is a better change at a successful appeal, but is it required for a denial?  


Current status: Revoked 10+ years (Reason: MH admission less than 5 year)
Looking for confirmation on the following steps:
    -Apply
    -Get denied for MH admission over 5 year
    -Appeal
        -Physician Submit MH cert over 5 years
        -Me Submit Firearm disposition form (and notarized?)
        -Me Submit Request for relief and reinstatement 

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On 5/22/2023 at 3:52 PM, DarthButkus said:

Hello,

 

I was hoping someone could help confirm I have the correct order of processes for appealing a revoked FOID from 10 + years ago to help have the best chance at success.  I did not see my exact situation on the forum yet, and I don’t want to inadvertently set myself back in the proper appeal process.  I hope this can help someone else too. 

 

A little over 10 years ago my FOID was revoked for a voluntary mental health stay.  I’ve spoken with my Primary Care Physician and they are willing to sign off on the forms needed to reinstate my rights.  When my FOID was revoked, I turned it into my local police station.  I do believe I filled out the disposition form or some variation of the form at the time.  My FOID was also about 3 years from expiring at the time.  Right now on the ISP Portal my FOID status is revoked for Mental Health Admission of less than 5 years ago, but it gives me the option to apply for FOID.  This is where my order of processes question comes in because it has been over 10 years now:

 

Do I need to re-apply and get denied first for the appeal to be against the over 5 year reason?  Or should I have my PCP complete the MHC form first and then apply assuming an ISP Portal status change?  Or is there a different order to follow?  Does my original FOIDs expiration date effect this process at all?

 

The ISP checklist seems to indicate I only need to submit the MH Certification for an over 5 years denial, but other posts indicate completing the Request for FOID Reinstatement and Firearms disposition record.  I have no problem filling this form out again, if there is a better change at a successful appeal, but is it required for a denial?  


Current status: Revoked 10+ years (Reason: MH admission less than 5 year)
Looking for confirmation on the following steps:
    -Apply
    -Get denied for MH admission over 5 year
    -Appeal
        -Physician Submit MH cert over 5 years
        -Me Submit Firearm disposition form (and notarized?)
        -Me Submit Request for relief and reinstatement 

File new application, include mental health cert over 5 years to be submitted directly by physician to ISP, and you'll be granted a new FOID.

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  • 4 weeks later...

Hello!  I have recently found myself in a very frustrating position due to a situation that resulted in a voluntary admission to a mental health facility in 2020 (< 5 years) that resulted in my FOID revocation and surrendering of my firearms, all of which weere complied with as a law-abiding citizen..  As I had the checklist prior to the new law taking place on 1/1/23 for appeals to be submitted to the review board, I had all of the items submitted to the ISP per the pre 2023 instructions.  I had followed up numerous times with the ISP for feedback, status and a bit of direction to work through this and received nothing but direction to re-apply for FOID, then proceed accordingly.  I was told that if the application was denied, which it was due to the Mental health < 5 yrs, I would need to follow the appeals process.  In this communication with the ISP, I was told that all of the items required for the appeals process were received and posted to my FOID account.  This was in March and I have sent numerous emails for some direction and have received nothing.  I contacted my District Representative and was told someone would get back to me from the ISP and nothing.  There is seemingly no way to contact anyone within the ISP FOID program to get answers.  It's almost as if they just needed the $10 and my hunting tools as I am now seemingly being ignored.  Who is out there as a liaison between the citizen and the ISP foid program that can help?  Even my district rep is getting the run around.  

 

Thank you!

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We are hearing this same complaint from a number of people unlucky enough to fall into the time frame when the FOID appeal process was being changed.  Currently, we believe the FOID card holder must request to have their FOID portal cleared so they can reapply, get denied, and start the appeal process over again with the new process.

 

If you will send me a private message with your full legal name, date of birth, FOID number and contact info, I will contact ISP with a request to clear the portal so you can reapply.

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On 6/19/2023 at 10:19 PM, Molly B. said:

We are hearing this same complaint from a number of people unlucky enough to fall into the time frame when the FOID appeal process was being changed.  Currently, we believe the FOID card holder must request to have their FOID portal cleared so they can reapply, get denied, and start the appeal process over again with the new process.

 

If you will send me a private message with your full legal name, date of birth, FOID number and contact info, I will contact ISP with a request to clear the portal so you can reapply.

I agree. Reset portal, reapply, get denial, deadline kicks in to appeal, make sure to ask ISP to hold original appeal materials for up to 120 days, you should be OK.

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On 5/22/2023 at 3:55 PM, FredNickl said:

 

File new application, include mental health cert over 5 years to be submitted directly by physician to ISP, and you'll be granted a new FOID.

Hi Fred,

 

I appreciate the response.  I filed a new application and received my denial.  I will go ahead with my PCP to get my Over 5 year cert completed.  One question is previously it said revoked for mental health admission under 5 years.  The denial says it because I answered yes to the "HAVE YOUR EVER BEEN ADJUDICATED BY A COURT AS A MENTAL DEFECTIVE OR ORDERED BY A COURT, BOARD OR AUTHORIZED ENTITY TO IN-PATIENT OR OUT-PATIENT MENTAL HEALTH TREATMENT?" and not for a mental health stay greater than 5 years.  It was a voluntary admission over 10 years ago now, but I answered yes, because of the mental heath treatment portion and I did not want to say no and have a tougher appeal because of being dishonest.  Should I have answered no?  Is the appeal process different because I answered incorrectly or did I answer that correctly?  No seeing the denial for over 5 years is making me question. 

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So, it’s been a couple of months. I figure I should probably update how my situation is going and add some details.
 

My denial letter is dated March 24th. I did not open it until March 30th. 

 

I found out upon getting copies of my medical records that I did have an autism spectrum diagnosis from when I was 13. Neither I or my family were aware of this past diagnosis when I made my initial post on the thread.
 

My police chief mailed ISP a letter on my behalf on April 18th, saying that I wasn’t disabled and there must have been a mistake. 
 

I received an email on April 26th from the ISPFSB saying that they had “received your records challenge request” (due to my chief’s letter) and changed my reason to denial for “a Mental Health related treatment greater than 5 years ago.” They sent me the MH >5 form to get filled out. Still confusing, because I’ve never been to a mental hospital, (which I KNOW for sure now upon having gone through my records.) but my police chief said just to get the eval done and I’ll be good. 

 

The first week of May, my psych did my evaluation. He found that I do NOT meet the criteria for autism, any developmental disabilities, or any disqualifying mental health conditions. (He said I don’t even qualify for an ADHD diagnosis anymore.) He was unsure why they had issued me the MH >5yr form as well, but he filled it out with the evaluation. He mailed ISP the evaluation and the MH form the week of May 21st. 
 

The records challenge email from ISP said to mail the MH form to the ISP HQ, but to Suite 600-S ATTN Triage, but the MH form itself said to be mailed to the same address, but Suite 400 North. My doctor said he’s mailed the papers to the Suite 400 address. 
 

It’s been about a month now and I haven’t received any word of ISP receiving his papers, which I’ve read is common. And my status still says denied on the portal. Should I be concerned? The week of May 21st marked the 60 days since March 24th, and I’m not sure if the records challenge they’ve given me has changed that 60 day deadline or not. 

Thanks again for the help with this situation everyone, especially Molly and Fred. 


 

 

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That's primarily my concern, they haven't notified me they've received the documents from my psych. It's been over a month now and still no word of receipt, let alone being told it's in line for review. And I'm not sure if the 60 day deadline from my initial denial on March 30th would affect my appeal, or if my April 26th email from the ISPFRCU changed that deadline or got rid of it entirely. Also not sure if the sending it to suite 400 instead of 600 would have any effect. 

 

How would I go about emailing them and what email address would I inquire with?

Edited by milkman70
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On 6/27/2023 at 3:14 PM, milkman70 said:

That's primarily my concern, they haven't notified me they've received the documents from my psych. It's been over a month now and still no word of receipt, let alone being told it's in line for review. And I'm not sure if the 60 day deadline from my initial denial on March 30th would affect my appeal, or if my April 26th email from the ISPFRCU changed that deadline or got rid of it entirely. Also not sure if the sending it to suite 400 instead of 600 would have any effect. 

 

How would I go about emailing them and what email address would I inquire with?

 

 

FOID Records Challenge Unit - revocation or denial – email this address to determine which appeal process or to have portal reset for reapplying.

ISP.FRCU@illinois.gov

 

 FOID Card Review Board

correct email address to send documents for the FOID Card Review Board Requests

FCRB.ReliefRequest@illinois.gov

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On 6/30/2023 at 5:17 PM, Molly B. said:

 

 

FOID Records Challenge Unit - revocation or denial – email this address to determine which appeal process or to have portal reset for reapplying.

 

ISP.FRCU@illinois.gov

 

 

 

 FOID Card Review Board

 

correct email address to send documents for the FOID Card Review Board Requests

 

FCRB.ReliefRequest@illinois.gov

 

 

 

 

Thank you for the reply Molly! I have emailed both of them. Gave my name, DOB and application number. I basically summarized my timeline like I did in my update post. I ended both by asking if they had received my documents, or if they had a status update on my appeal or if they needed additional materials for my appeal. Will update if I hear anything back. 

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On 9/12/2022 at 3:34 PM, sk622881 said:

 

Let me take a step back, and detail it out. And sorry if I make this sound complicated.

 

When I applied, almost a year ago, my permanent residency application was in progress, my status was:  'Adjustment of Status'. I selected 'non-immigrant visa' on the FOID application and was subsequently denied. I later learned: During the pendency of the adjustment application, the intending immigrant is deemed to be in a “period of stay authorized by the Attorney General.” A rather confusing status, and not a listed option on the FOID form, in retrospect I think I shouldn't have selected the non-immigrant option.

 

When my Adjustment of Status application was approved & I received my green card this year, I filed an appeal to the earlier denial submitting  Investigation, Relief and Reinstatement of Firearms Rights. Its been 2 months & I haven't heard back yet.

Now

1. I'm not sure if I used the right form, 2. Should I resubmit an appeal with the Affidavit Yes, or FOID Appeal form.

My other concern is If I resubmit a new form would that further complicate the process, or what's the best approach

 

I'd really appreciate your advise here, thanks.

 

Hi @sk622881,

I'm in exact same position - currently on non-immigrant visa but will be applying for AOS next month.

So my status will change to Adjustment of Status, whatever that means.

Did you get any response with regards to if this is still considered "non-immigrant" status? That's all about this tick you put when filing for FOID.

Can you pls share your experience?

Thanks in advance.

===

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On 7/22/2023 at 9:48 PM, rutsyi said:

 

Hi @sk622881,

I'm in exact same position - currently on non-immigrant visa but will be applying for AOS next month.

So my status will change to Adjustment of Status, whatever that means.

Did you get any response with regards to if this is still considered "non-immigrant" status? That's all about this tick you put when filing for FOID.

Can you pls share your experience?

Thanks in advance.

===



You might send an email inquiry to the FOID Record Challenge Unit and ask them about your situation:  ISP.FRCU@illinois.gov

 

They should be able to steer you in the right direction. Please keep us posted about any information you find, the info could be very helpful to others.

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On 7/25/2023 at 6:12 PM, Molly B. said:



You might send an email inquiry to the FOID Record Challenge Unit and ask them about your situation:  ISP.FRCU@illinois.gov

 

They should be able to steer you in the right direction. Please keep us posted about any information you find, the info could be very helpful to others.

Hi @Molly B., thanks. Emailed the team you are mentioning here a few days back already. Waiting for their response.

Also spoke to an attorney today - they didnt see a specific prohibition for my status ("Adjustment of Status") in FOID act, so I guess I would reapply for FOID asap pending ISP.FRCU response. How long do they usually take to respond? A week?

 

Also, @Molly B., while I have your attention, seems I cannot simply "reapply" for FOID in online cabinet. Do I have to appeal? I mean the denial last year was correct - I was in non-immigrant status so I dont want to appeal that. I just want to reapply given my changed circumstances, but it doesn't seem technically possible. I emailed ISP.AskFOIDandCCL@illinois.gov asking them to reset my online cabinet so I could reapply (instead of appealing) a few days ago too, but no response from them. Maybe I should be calling them instead?

 

Cheers, will keep you posted.

===

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On 7/26/2023 at 12:22 PM, rutsyi said:

Hi @Molly B., thanks. Emailed the team you are mentioning here a few days back already. Waiting for their response.

Also spoke to an attorney today - they didnt see a specific prohibition for my status ("Adjustment of Status") in FOID act, so I guess I would reapply for FOID asap pending ISP.FRCU response. How long do they usually take to respond? A week?

 

Also, @Molly B., while I have your attention, seems I cannot simply "reapply" for FOID in online cabinet. Do I have to appeal? I mean the denial last year was correct - I was in non-immigrant status so I dont want to appeal that. I just want to reapply given my changed circumstances, but it doesn't seem technically possible. I emailed ISP.AskFOIDandCCL@illinois.gov asking them to reset my online cabinet so I could reapply (instead of appealing) a few days ago too, but no response from them. Maybe I should be calling them instead?

 

Cheers, will keep you posted.

===

Response time varies.

You can rest your portal just by asking ISP. The correct email address is on their website. Resets generally go quickly.

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On 7/26/2023 at 2:39 PM, FredNickl said:

Response time varies.

You can rest your portal just by asking ISP. The correct email address is on their website. Resets generally go quickly.

Thank you for your response Fred. I've emailed "ISP.AskFOIDandCCL@illinois.gov" asking for reset, didn't find any other email.

In case they don't like my "Adjustment of Status" status I will be reaching out to you!

===

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On 7/26/2023 at 4:47 PM, rutsyi said:

Thank you for your response Fred. I've emailed "ISP.AskFOIDandCCL@illinois.gov" asking for reset, didn't find any other email.

In case they don't like my "Adjustment of Status" status I will be reaching out to you!

===

Oh I see from previous posts here the email should be: ISP.FRCU@illinois.gov. Will email them now.
===

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I went thru the process years ago. Hang in there gentlemen. Takes some time but you will get there. I have my FOID, my CCl and 5 other state CCLs.

 

Now though I have a question that I have not seen covered so far. Please direct me to the relevant posts if this has been covered.

 

I have a friend with a non violent non drug felony from early 2000s. No mental health aspects. No drug or alcohol related issues. He has no criminal issues since the felony. The records have been sealed. He holds a professional medical license in IL and his current state. He wants his firearm rights restored and of course there is no reason for that to not

be granted. The problem is he is no longer an Illinois resident.

 

How does he proceed at this point?

 

 

Edited by SDF678
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The felony occurred and he was sentenced here in Illinois. He now lives in another state. Actually a very free, Constitutional Carry state.

 

FOID card revoked of course here in Illinois.

 

He did apply for a FOID card some years later and of course was denied. At that time he was not sure how to proceed then life happened he got busy and is just now getting around to trying to get this process restarted.

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