How to Appeal Revoked or Denied FOID

[Molly B.]

On 8/2/2023 at 8:08 PM, SDF678 said:

Thank you very much Molly. I texted him the information.

 

You helped me so much a few years ago when I was going thru all of this.

 

And so good to see you helping someone else! It's important that we all look out  for each other in all this craziness!

[SDF678]

I showed him everything that I put into my packet all those years ago. All the court papers. Papers showing the record had been sealed. Military papers. Work papers. Letters from multiple people including police and elected officials. Then my statement.

 

Our problem is how to go about this. Felony was in Illinois. Now he is not an Illinois resident. Not applying for a FOID card. He just needs his firearm rights restored.

 

He will email the ISP and find out what venue has jurisdiction and get the ball rolling. Sounds like things have changed since I went thru the process.

 

I had a question sort of related. After having your firearm rights restored has anyone then tried to get their FFL or in another state applied for a suppressor?

[FredNickl]

On 8/2/2023 at 7:33 PM, SDF678 said:

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.

I have this info elsewhere on the site, but here is the current state of the law--

For out-of-state residents with Illinois prohibitors that need to restore their firearm civil rights in Illinois:

1. If the prohibitor would trigger an informal appeal if they were a resident of Illinois, then they simply do the same informal appeal that they would as if they lived here.

2. If the prohibitor would trigger a formal appeal (filed in circuit court) if they were a resident of Illinois, the case USED TO BE that we could file the appeal in the county in which the conviction occurred. We did this a lot. Then whoever handled the Robert Snedeker case ended up having the appellate court to declare that out-of-state residents in this situation are SCREWED, they have no remedy. Game over.

 

We are waiting for the Illinois Supreme Court to fix this. As soon as that happens, we'll go back to filing formal appeals for out-of-state residents.

 

To answer your specific question, you need to determine if he has a forcible felony, a firearm related felony, a felony drug conviction that is Class X, 1, or 2, or a juvenile adjudication for something that would have been a felony had he been an adult. If so, he is screwed until the IL SC fixes the Snedeker mistake.

[SDF678]

Thank you sir for the information. 

 

I know it is not a forcible felony, not a firearm felony, not a drug related felony. He was an adult. I know exactly what the felony is (he told me specifically) but I do not think I should post it here. 

 

Seems it will be an informal appeal. Same process that I did a few years ago. 

[milkman70]

Update #2, I have received a letter from the FOID Card Review Board. They say that the prohibitor identified in my last letter (mental health related treatment greater than 5 years ago) was correct, and say that "However, upon further review, the following prohibitors were identified" but they do not list any prohibitors. That whole section is blank. But the letter continues, saying that I must submit my appeal in writing to the circuit court of my county for relief because the ISP and FCRB cannot grant me relief. I don't have any criminal history, so I have absolutely no idea why I'm being referred to the court. I sent a copy of the letter to my psychiatrist who did my evaluation a couple months back, and he said that this was very odd, especially since the letter didn't include any specific prohibitors. My local chief said he'd recommend lawyering up because this was getting out of hand. 

 

The FCRB site says that they handle both developmental and intellectual disability relief requests and mental health relief requests, so the fact that I've had both come up as reasons for denial before being told by the FCRB to appeal to the circuit court baffles me greatly. I've just sent an inquiry to a certain law firm who does FOID appeals because I've got no clue how to handle this on my own, especially if it involves courts. 

[CFREUND01]

On 8/8/2023 at 6:19 PM, milkman70 said:

Update #2, I have received a letter from the FOID Card Review Board. They say that the prohibitor identified in my last letter (mental health related treatment greater than 5 years ago) was correct, and say that "However, upon further review, the following prohibitors were identified" but they do not list any prohibitors. That whole section is blank. But the letter continues, saying that I must submit my appeal in writing to the circuit court of my county for relief because the ISP and FCRB cannot grant me relief. I don't have any criminal history, so I have absolutely no idea why I'm being referred to the court. I sent a copy of the letter to my psychiatrist who did my evaluation a couple months back, and he said that this was very odd, especially since the letter didn't include any specific prohibitors. My local chief said he'd recommend lawyering up because this was getting out of hand. 

 

The FCRB site says that they handle both developmental and intellectual disability relief requests and mental health relief requests, so the fact that I've had both come up as reasons for denial before being told by the FCRB to appeal to the circuit court baffles me greatly. I've just sent an inquiry to a certain law firm who does FOID appeals because I've got no clue how to handle this on my own, especially if it involves courts. 

I’m no expert, but appeals for mental illness +5 years do not go to the new FOID Card Review Board- they still go to the ISP. Maybe resubmit to ISP.

[milkman70]

On 8/9/2023 at 12:47 AM, CFREUND01 said:

I’m no expert, but appeals for mental illness +5 years do not go to the new FOID Card Review Board- they still go to the ISP. Maybe resubmit to ISP.

Yep I just looked at their site again and I guess I’d read their appeal types wrong. That’s my bad. 
 

I’m probably just going to go through the attorney route, since the ISP and FCRB both cannot seem to decide on which reason or give me an actual real reason for my denial and are referring me to the circuit court. I don’t want to risk fumbling filing my appeal with the circuit court. I don’t know how else to fight off a denial like this on my own. Clearly they have me red flagged for whatever reason and won’t give me a real answer on my own. 
 

Thank you for the clarification though

[CFREUND01]

On 8/9/2023 at 10:44 AM, milkman70 said:

Yep I just looked at their site again and I guess I’d read their appeal types wrong. That’s my bad. 
 

I’m probably just going to go through the attorney route, since the ISP and FCRB both cannot seem to decide on which reason or give me an actual real reason for my denial and are referring me to the circuit court. I don’t want to risk fumbling filing my appeal with the circuit court. I don’t know how else to fight off a denial like this on my own. Clearly they have me red flagged for whatever reason and won’t give me a real answer on my own. 
 

Thank you for the clarification though

May I ask what you think the courts will do? You said you have a clean record.  A lawyer is just going to take your money.  I would talk with the Doctor who did your assessment.  Let him know now what you know the FCRB doesn’t handle Mental Health + 5 yrs.  He’ll probably resubmit to ISP the way it should have been done in the first place.  Review Board cannot tell you the correct direction to go because they don’t deal with cases such as yours.  I had same issue.  Mental Health 5+ years.  Waited months then when FCRB and ISP split cases my went right through.  Just my 2 cents. Good luck. 

[milkman70]

I’m not sure what the courts would do for me. Like you’ve said, no criminal history whatsoever. I’m on very good terms with all police departments in my area since I was my town’s chief’s intern. 

 

My doctor mailed the MH form to the address listed on the form itself, Suite 400. So I’m not sure how it could have got to the wrong desk/area in the ISP building? The letter I’ve just got, which is from the FCRB, didn’t tell me to resubmit anything or to file it with ISP instead. The letter just says that I have to file my appeal in writing with the circuit court of my county of residence. 
 

I actually contacted a certain law firm who does FOID appeals today. I was told that I am in somewhat of uncharted waters with my situation. The attorney said that my letter was very odd as it didn’t list any specific prohibitor now, or any “following” prohibitors that it seems to try and list. 
 

As for what I’m gonna do, the attorney I spoke with said they believed I was a good candidate for getting an informal appeal. I was told what would be included for it and the price needed. It’s not cheap, but I don’t know how else my doctor could get the documents to the “right place” within ISP. 
 

From reading your posts on this thread, your appeal process seemed pretty cut and dry with submitting the MH form and then getting approved months later. They’ve shifted my denial reason around now twice and haven’t given me any new prohibitors as to why I need to go to the courts. 
I do really appreciate the help you’ve given me though. Seeing stories like yours on this thread do give me hope maybe I can get my FOID eventually. 

[CFREUND01]

On 8/10/2023 at 12:17 AM, milkman70 said:

I’m not sure what the courts would do for me. Like you’ve said, no criminal history whatsoever. I’m on very good terms with all police departments in my area since I was my town’s chief’s intern. 

 

My doctor mailed the MH form to the address listed on the form itself, Suite 400. So I’m not sure how it could have got to the wrong desk/area in the ISP building? The letter I’ve just got, which is from the FCRB, didn’t tell me to resubmit anything or to file it with ISP instead. The letter just says that I have to file my appeal in writing with the circuit court of my county of residence. 
 

I actually contacted a certain law firm who does FOID appeals today. I was told that I am in somewhat of uncharted waters with my situation. The attorney said that my letter was very odd as it didn’t list any specific prohibitor now, or any “following” prohibitors that it seems to try and list. 
 

As for what I’m gonna do, the attorney I spoke with said they believed I was a good candidate for getting an informal appeal. I was told what would be included for it and the price needed. It’s not cheap, but I don’t know how else my doctor could get the documents to the “right place” within ISP. 
 

From reading your posts on this thread, your appeal process seemed pretty cut and dry with submitting the MH form and then getting approved months later. They’ve shifted my denial reason around now twice and haven’t given me any new prohibitors as to why I need to go to the courts. 
I do really appreciate the help you’ve given me though. Seeing stories like yours on this thread do give me hope maybe I can get my FOID eventually. 

I wish you luck my man. You’ll get there, eventually. One last possible suggestion.  Contact Dr. Mark Brenzinger (847) 344-7472 and tell him your situation.  He’s never not gotten someone their FOID rights back. Cheers

[FredNickl]

On 8/9/2023 at 8:00 PM, CFREUND01 said:

May I ask what you think the courts will do? You said you have a clean record.  A lawyer is just going to take your money.  I would talk with the Doctor who did your assessment.  Let him know now what you know the FCRB doesn’t handle Mental Health + 5 yrs.  He’ll probably resubmit to ISP the way it should have been done in the first place.  Review Board cannot tell you the correct direction to go because they don’t deal with cases such as yours.  I had same issue.  Mental Health 5+ years.  Waited months then when FCRB and ISP split cases my went right through.  Just my 2 cents. Good luck. 

The ISP letter controls unless it's a mistake. First thing to do here is contact ISP Legal Counsel and see if there's a mistake. Second question to ISP Legal Counsel is to issue a corrected denial letter that lists the actual prohibitor. From there, you do the appeal. This is most likely an informal appeal, but need to confirm with ISP first.

 

Finally, FOIDRB does not do the triage and is not involved unless ISP gives them the file. ISP does the triage and determines what type of appeal applies before referring to FSB or FOIDRB.

[WillT]

Well I finally got off my lazy bum and submitted my paperwork for appeal.  3 weeks or so later, got my new FOID in the mail.  So that was nice.

 

I'm curious as to what the next step is now to officially transfer ownership of my items back to me?  I can only presume I'll need to fill out the transfer paperwork again and send it to...someone?  Probably the ISP?  I had originally turned the paperwork into my local police department.

[SiliconSorcerer]

On 8/17/2023 at 10:34 AM, WillT said:

Well I finally got off my lazy bum and submitted my paperwork for appeal.  3 weeks or so later, got my new FOID in the mail.  So that was nice.

 

I'm curious as to what the next step is now to officially transfer ownership of my items back to me?  I can only presume I'll need to fill out the transfer paperwork again and send it to...someone?  Probably the ISP?  I had originally turned the paperwork into my local police department.

Please tell me you didn't transfer them to the police, if so I wouldn't hold my breath on getting them back.

 

[FredNickl]

On 8/17/2023 at 11:23 AM, SiliconSorcerer said:

Please tell me you didn't transfer them to the police, if so I wouldn't hold my breath on getting them back.

 

Agree. I usually refer those to an atty I know to go before a judge and get a court order mandating the release of the firearms. But it's usually not cost effective to pay the atty fee compared to what the 1-2 guns surrendered would cost to replace. If you surrendered a bunch of guns or have an expensive piece, definitely fight it.

[WillT]

On 8/17/2023 at 11:23 AM, SiliconSorcerer said:

Please tell me you didn't transfer them to the police, if so I wouldn't hold my breath on getting them back.

 

Oh no no no, sorry, I definitely could have written that better.  They were transferred to a friend; he and I both went to the police station with the paperwork and they gave me a little card with the case number on it.

[SiliconSorcerer]

On 8/17/2023 at 11:42 AM, WillT said:

 

Oh no no no, sorry, I definitely could have written that better.  They were transferred to a friend; he and I both went to the police station with the paperwork and they gave me a little card with the case number on it.

I have a pile in one of my safes, he just handed them to me and the police were fine with that, zero paperwork. 

 

[Euler]

On 8/17/2023 at 11:42 AM, WillT said: →

... They were transferred to a friend; he and I both went to the police station with the paperwork and they gave me a little card with the case number on it.

The firearms are still your property. You didn't transfer ownership. You just gave them into your friend's custody for safekeeping. As long as you have no other prohibitors, just take them back.

[KENDLLB360]

On 5/21/2023 at 8:34 PM, FredNickl said:

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.

Hi, I wanted to ask if asking the ISP to reset my portal, could I possibly just reapply for my FOID/CCL since It has expired anyway a few yrs ago? I know I have no prohibitors anymore. So would having them to reset my portal and reapplying possibly help my to just get my FOID approved. Or do I have to just sit and wait til they feel like reviewing my appeal? 

[Molly B.]

My understanding is that you will not be able to reapply while an appeal is pending . . .

[FredNickl]

Depends. If your timing is off on submitting documents, you can ask to reset portal to reapply to 'restart' the timing deadlines.

[KENDLLB360]

On 10/17/2023 at 10:20 PM, Molly B. said:

My understanding is that you will not be able to reapply while an appeal is pending . . .

Oh ok that is how I was thinking it would work too but wanted to ask you all still. Thank you very much. 

[KENDLLB360]

On 10/18/2023 at 5:21 AM, FredNickl said:

Depends. If your timing is off on submitting documents, you can ask to reset portal to reapply to 'restart' the timing deadlines.

I'm sorry but could you please explain further on what you mean by if my timing is off on submitting documents and restarting the timing deadlines? I do know that they finally wrote me back after two months from my last time trying to reach out to them. And I attached the email they sent me to this message also. Thanks again! 

[Hustle773]

Hello all, new member here & looking to hopefully get my gun rights back in Illinois.

 

I was sentenced to 2 years probation in May 2021 for a Misd. UUW. I was a valid FOID holder but ignorantly, transporting it concealed during all the Covid looting & carjackings going on in Chicago, as well as just being hardheaded and not waiting for my CCL to be approved and receiving card.
 

I successfully completed terms, and had probation terminated 2 months early in March 2023. I had a valid MMC card prior to my sentencing, but it expired as 9/2/2022. 

My main question here is is there anybody who’s gotten their FOID revoked from a Misdemeanor UUW, successfully appealed, is that even realistic seeing as I just completed probation this year the charge? From reading the prohibitors page it looks like I’m eligible to own again, but Illinois looks tricky to the inexperienced . I also read if I earned any career certificates during my probation I could qualify to immediately seal record. I earned about 3 Google certs & currently employed as a teacher partly due to those. Would it help if I invested more research in that step first? The definition of sealed in Illinois seems like nobody has access, while everybody still has access. If it’s sealed prior to, would I just file a corrected files appeal since the ISP has to seal their records?

 

I’ve downloaded the appeal & disposition forms from ISP site, as I never did disposition after bonding out, and during the court proceedings. My only firearm was the one seized during traffic stop. I Put “No Weapons” on as stated, so now go to my arresting station and get that signed in front of an officer correct?

I have my FBI rap sheet, disposition and arrest report documents on hand already as I was just cleared to teach in CPS this past month. I also have a few character statements from my court case if that would help. Is there anything else I need to obtain on my end thats not on ISP site to send in?  Mike Levinsohn of Gotterich & Levinsohn in Chicago fought my UUW case. I was 27 when I was arrested so conditional discharge was out the window with my judge despite my first arrest in life.

 

Thanks in advance.

[Talo19]

Finally reinstated.

[KENDLLB360]

On 10/17/2023 at 10:20 PM, Molly B. said:

My understanding is that you will not be able to reapply while an appeal is pending . . .

Hi Molly, so I finally just got my FOID reinstated from the revoked status. ISP emailed me today saying my appeal was approved and my FOID is back active until Sept 2024. But, I need to reapply for my CCL. So does that mean I need to retake the training course of 16hrs or can I just do the information part again and pay the $150 and submit it to get my CCL back active again? The training course I did is from 11/02/2015. Or can I ask the trainer to update the certificate with a new date now then apply? Thank you in advance. 

[FredNickl]

On 11/8/2023 at 3:32 PM, KENDLLB360 said:

Hi Molly, so I finally just got my FOID reinstated from the revoked status. ISP emailed me today saying my appeal was approved and my FOID is back active until Sept 2024. But, I need to reapply for my CCL. So does that mean I need to retake the training course of 16hrs or can I just do the information part again and pay the $150 and submit it to get my CCL back active again? The training course I did is from 11/02/2015. Or can I ask the trainer to update the certificate with a new date now then apply? Thank you in advance. 

 

Your original training is good forever. No need to retake the course. Shouldn't have to pay $150 either, if you lost your CCL because your FOID was revoked.

[KENDLLB360]

On 11/8/2023 at 3:37 PM, FredNickl said:

 

Your original training is good forever. No need to retake the course. Shouldn't have to pay $150 either, if you lost your CCL because your FOID was revoked.

Oh ok. I went onto the ISP website to try and reapply to renew the CCL since my FOID is now back active again following the revocation in 2017. But online it did state at the end that the final step was having to pay $150. Is that something I should reach out to ISP about to see why the portal is telling me I have to pay $150 and maybe ISP can fix that part? I didn't submit the application for renewal once I saw that they were asking me to pay $150 again thankfully. But online now it says that a payment is pending where the CCL status would normally be. 

Edited November 8, 2023 at 10:19 PM by KENDLLB360

[KENDLLB360]

On 11/8/2023 at 3:37 PM, FredNickl said:

 

Your original training is good forever. No need to retake the course. Shouldn't have to pay $150 either, if you lost your CCL because your FOID was revoked.

 

[KENDLLB360]

On 10/17/2023 at 10:20 PM, Molly B. said:

My understanding is that you will not be able to reapply while an appeal is pending . . .

Hi Molly, so ISP is saying that I would need to take the 3hr class, and still pay the $150 for my CCL to be back valid again. Is that true or is there some kind of way that ISP may be wrong? "Frednickl" said that I should not have to repay the $150 fee to ISP if my CCL expired or became suspended due to my FOID being revoked. 

[FredNickl]

If your license expired naturally during the revocation then yes, you must pay the renewal just like the everyone else. I do not remember you including that detail in your original post or I misread the post. Sorry