How to Appeal Revoked or Denied FOID

[Don7070]

 

 

Ok Molly thanks.

 

And 2016!? What the hey!!!...this is ridiculous.

I have delivery confirmation too. Maybe I should fax my stuff also.

 

I would, if I were you.

 

Thanks for the advice. Should I send everything, all the forms, the letters from people, etc?

[Molly B.]

Yes, the whole packet.

[Don7070]

Yes, the whole packet.

Thanks again.

[Jawaun721]

I was denied my foid card for something that was inaccurate on my record. I appealed in February 2019 and here it is March 2020 and still nothing. What should I do? I sent my records as well as the proper appeal paperwork. What more can I do?

[Molly B.]

I was denied my foid card for something that was inaccurate on my record. I appealed in February 2019 and here it is March 2020 and still nothing. What should I do? I sent my records as well as the proper appeal paperwork. What more can I do?

Try Faxing a complete appeal packet to FOID and CCL Appeal FAX number 217-782-9139

[Jawaun721]

Will this speed up the process or could it possibly be another year?

[Molly B.]

Will this speed up the process or could it possibly be another year?

It has sped up the process for some appeals. We are watching for a pattern to see what kind of appeals or all appeals.

[1tonbullet]

Sorry if this is off-topic, but i applied for my FOID renewal back in AUGUST of 2019 and it is still telling me that it is "under review".... Has anyone ever had to wait this long?!

 

Thanks!

[Molly B.]

This is unusual. Did you apply for an address change at the same time or after submitting the renewal?

[1tonbullet]

Hi Molly,

 

After submitting the renewal.

My license expired days within my FOID, so i went to the DMV and changed my address and got my REALid with my new address. I then went back to the state police FOID site and submitted a address change to match.

Do you think i would be better off paying the renewal fee and starting fresh?

 

Thanks

[Molly B.]

I don't think the system will let you in to renew while there is an address change pending. Now that the Governor has extended the expiration date of FOIDs until a year after he lifts the stay at home order, I would just wait until you get the new FOID with the updated address and then renew.

[Jaimb2020]

Can I get some advise please... I got denied for my foid card a month or two ago And Im the reasoning it stated I was denied because I was addicted to narcotics. First off Ive never been addicted to anything in my life. But background- I got arrested over a year ago for having a fake ID(I know it was stupid please spare me) and when I was arrested I had some marijuana in my purse, which was not for me was for my step dad because its the only thing that helps with his pain from the tumors. But anyway I got an ordinance ticket from the village I got arrested in and then went to the courthouse for the Fake ID charge (which was dropped eventually). When I was reading the FOID act it says only if its with in the past year. When I applied for my foid card it was... so does that mean I would get approved now? What do I have to send in with my appeal? My court paper and the ticket or just the court paper? Its extreamly frustrating Since I dont do drugs nor addicted to anything. I get drug tested at my work Ive never failed one in my life. Any advise you have is really appreciated

[Molly B.]

Do you have a copy of the denial letter? it would be helpful if you could send me a private message with a copy of the front and back of the letter.

[PGrady]

My FOID application was denied in October 2019 on a +5 mental health prohibitor. I did some research then which left me discouraged with questions I did not know how to answer. I found this place very recently, and after my wife purchased her first handgun, I thought it was time to take another look into the appeal process.

 

So after reading the threads on FOID appeals, I am encouraged that some of my questions have been answered. But I have others to ask. I thought I would put all questions in a list, and let you good people correct any mis-impressions I may have, and answer the ones I haven’t yet.

 

1. My first question was who meets the definition of a “qualified person” to do the required examination. My psychiatrist refused and I was unsure my therapist met the requirements. She’s a Masters educated LCPC and I found that answers here. Thank you. I have an appointment this week.

 

2. I also found several more forms that I thought needed to be filled out. Seeing the list Molly posted, I see no requirement for a personal statement like the directions I had found. If anyone can confirm/deny that as a need, oh please do!

 

3. On a related note, if a personal statement is required, I ask you please to advise what level of candor is most to my advantage? I think too much detail would provide more general reasons to uphold a denial while a sterile, clinical description might not be detailed enough to overturn it. Where is the happy medium?

 

4. I note all materials must be sent to the state police, and that the MH exam must be the original form. I am assuming that my stuff and the MH must be sent separately, and that I can have a copy of the exam.

 

5. Another requirement I had found was a personal letter written by an adult familiar with me as a personal reference. But I did not see that form among Molly’s links. Is it a requirement?

 

Thanks in advance for all input.

[Molly B.]

1. With a +5 year appeal, your general physician can also sign off on the certification letter: https://www.ispfsb.com/Public/Firearms/FOID/MentalHealthCert.pdf

 

 

2. The form to Request an Appeal does have a box for an explanation/statement. https://www.ispfsb.com/Public/Firearms/FOID/AppealRequest.pdf

 

3. A general statement will suffice about having a difficulty with depression/anxiety/whatever back in ___________ which is no longer an issue. You are now able to function in a healthy, productive manner.

 

4. Correct, the mental health certification must be submitted to ISP by the doctor.

5. The letter is important, there is no form for it.

[mrsmthornton]

Hello, I need some direction please. My FOID had been Revoked and my CCL is denied because of the yes to the mental health question within the last 5 years. No forms are available on ISP website to appeal this. I noticed there are links to forms listed throughout the post on here.

1. Do I need to have a lawyer complete this process or is this something I can handle on my own?

2. If so which of the forms do I need to submit and what is the actual process for appeal both the revoked FOID and denied CCL? Is it the same appeal or are they individual? Does FOID appeal need to be completed before the CCL?

3. Do I need to surrender my FOID prior to the appeal?

4. Is there any additional process to transfer my firearms privately besides completing it on the ISP site?

[Molly B.]

1. You do not need an attorney to submit the appeal to ISP, most people can do this part on their own.

 

2. You will need to submit FOID appeal in paper form, submit CCL appeal online. FOID appeal must be resolved before CCL appeal will be resolved but it's good to go ahead and submit it and have it on the record.

3. if you did not submit a firearm disposition form and surrender your FOID/CCL at the time of the revocation, you will need to add that to the appeal as well.

 

4. You will need to verify the tranferee has a valid FOID card and both of you should keep a copy of the disposition form: https://www.ispfsb.com/Public/Firearms/FOID/PersonToPersonFirearmTransfer.aspx

 

The forms are at the bottom of the FOID FAQ section: https://www.ispfsb.com/Public/FAQ.aspx

 

https://www.ispfsb.com/Public/Firearms/FOID/MentalHealth.pdf

 

https://www.ispfsb.com/Public/Firearms/FOID/AppealRequest.pdf

 

https://www.ispfsb.com/Public/Firearms/FOID/Investigation.pdf

 

Firearm Disposition Form.pdf

[Chicago_Vic81]

Good afternoon, everyone!

 

Wondering if anyone else is waiting on ~2 years for a decision on an appeal. I posted in this thread some time ago for a complete appeal packet I submitted for a FOID revoked or a felony indictment (eventually dismissed) pertaining to a DUI case. I had no prohibiting issues per statute and sent everything including disposition records from the court. That was September 2018.

 

Is Springfield still backed up? Did it disappear into a trashcan "inbox"? Or is the next step to file suit in local circuit court and see if the recent pressure from Thomas et. al. v. Illinois State Police et. al. will coax the office trolls at the ISP to find that appeal packet?

 

Thanks for any feedback!

 

--Victor

Edited June 15, 2020 at 08:23 PM by Chicago_Vic81

[Molly B.]

They are still backed up but I am hearing there are some changes being made in the appeal process and in who is handling the appeals.

 

I think there might be an opportunity to bring attention to this huge appeal backlog for people like you where charges were dropped and now there is no prohibiting factor for having the FOID.

 

I have suggested to a couple others, and you may want to consider doing it also, submit a request for a hearing with the Director of ISP.

[mrsmthornton]

1. You do not need an attorney to submit the appeal to ISP, most people can do this part on their own.

 

2. You will need to submit FOID appeal in paper form, submit CCL appeal online. FOID appeal must be resolved before CCL appeal will be resolved but it's good to go ahead and submit it and have it on the record.

 

3. if you did not submit a firearm disposition form and surrender your FOID/CCL at the time of the revocation, you will need to add that to the appeal as well.

 

4. You will need to verify the tranferee has a valid FOID card and both of you should keep a copy of the disposition form: https://www.ispfsb.com/Public/Firearms/FOID/PersonToPersonFirearmTransfer.aspx

 

The forms are at the bottom of the FOID FAQ section: https://www.ispfsb.com/Public/FAQ.aspx

 

https://www.ispfsb.com/Public/Firearms/FOID/MentalHealth.pdf

 

https://www.ispfsb.com/Public/Firearms/FOID/AppealRequest.pdf

 

https://www.ispfsb.com/Public/Firearms/FOID/Investigation.pdf

 

Firearm Disposition Form.pdf

 

 

 

Thanks so much! Any recommendations for a Chicago area doctor. My treatment ended over a year ago and my doctor passed away in Sept 2019

[Mikemak27]

I had my FOID card revoked in 2014 because ISPFSB said I was a convicted felon. I have never been arrested, let alone charged or convicted of a crime. I called ISPFSB over the phone and the gentleman said he would fix this error. He did not. I just realized this because I went to renew my FOID card and it was denied. How do I go about clearing my record with ISPFSB so that I can get a FOID card again?

[Molly B.]

I had my FOID card revoked in 2014 because ISPFSB said I was a convicted felon. I have never been arrested, let alone charged or convicted of a crime. I called ISPFSB over the phone and the gentleman said he would fix this error. He did not. I just realized this because I went to renew my FOID card and it was denied. How do I go about clearing my record with ISPFSB so that I can get a FOID card again?

 

 

I will try to send you a private message later today.

[Monstrddg]

Im now just over one year and three months into my appeal, Im sure the Covid has done us no favors in getting them processed

 

Good afternoon, everyone!

 

Wondering if anyone else is waiting on ~2 years for a decision on an appeal. I posted in this thread some time ago for a complete appeal packet I submitted for a FOID revoked or a felony indictment (eventually dismissed) pertaining to a DUI case. I had no prohibiting issues per statute and sent everything including disposition records from the court. That was September 2018.

 

Is Springfield still backed up? Did it disappear into a trashcan "inbox"? Or is the next step to file suit in local circuit court and see if the recent pressure from Thomas et. al. v. Illinois State Police et. al. will coax the office trolls at the ISP to find that appeal packet?

 

Thanks for any feedback!

 

--Victor

[Molly B.]

 

Im now just over one year and three months into my appeal, Im sure the Covid has done us no favors in getting them processed

 

 

From your posts here, it looks like you submitted the documents the ISP needed around March 16th - 90 days ago?

 

I suggest your next step is to request a hearing with the Director of the ISP, We'll see if this prods them to resolve your appeal.:

 

Please keep me posted on your progress.

 

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 on _____________ and give the date or approximate date you submitted your appeal the first time and when you submitted the documentation they requested. 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.

 

If you are granted a hearing, which is usually a meeting with an administrative judge appointed by the ISP, you may be able to do that as a teleconference or may need to travel to Springfield. You can have an attorney with you, if you think you need one.

 

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

[Molly B.]

Good afternoon, everyone!

 

Wondering if anyone else is waiting on ~2 years for a decision on an appeal. I posted in this thread some time ago for a complete appeal packet I submitted for a FOID revoked or a felony indictment (eventually dismissed) pertaining to a DUI case. I had no prohibiting issues per statute and sent everything including disposition records from the court. That was September 2018.

 

Is Springfield still backed up? Did it disappear into a trashcan "inbox"? Or is the next step to file suit in local circuit court and see if the recent pressure from Thomas et. al. v. Illinois State Police et. al. will coax the office trolls at the ISP to find that appeal packet?

 

Thanks for any feedback!

 

--Victor

 

I suggest you submit a request for a hearing to the ISP director:

 

Please keep me posted on your progress.

 

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 on _____________ and give the date or approximate date you submitted your appeal. 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.

 

If you are granted a hearing, which is usually a meeting with an administrative judge appointed by the ISP, you may be able to do that as a teleconference or may need to travel to Springfield. You can have an attorney with you, if you think you need one.

 

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

[tofuproductions]

Hi all,

I wanted to chime in here on my personal experience with a small timeline.

I first had a FOID back in 2010, ended up getting my first firearm that very year and went to the range a few times with some friends, all was well.

2010: Got into a relationship, it went sour quick - nothing physical or anything of the sort, we just argued way too much in ways that deemed it as a very unhealthy relationship (I am male, btw).

(June) 2012: I finally decided to call quits on this relationship - but it took an emotional toll on me, work for me suffered as did school (finishing up college). I had a friend concerned about my well-being and he called the authorities just to do a "wellness check". This long story short, turned out to be self-admitting myself into the local hospital where I was deemed not a threat to myself nor anyone, however.. due to me doing this, my FOID was taken away (I had no idea until after I was discharged about 2-3 days later).
Later that month, I received a letter from ISP instructing me to turn in any firearms and ammunition to my local police station due to not having a FOID on my persons since my hospital admittance; I called ISP and even the person I spoke with, was NOT familiar with the letter they sent me (it must've been new, or something). In either case, I surrendered my firearm that I purchased back in 2010 along with a few boxes of ammo to my local police department, who I showed the letter to, explain the situation and they took everything. I did not sign anything, they simply said they would "take care of it". I then called ISP again and told them I did and also mailed them a copy of the letter they sent me with datestamps on the back indicating what I did to date.

2015: I attempted to apply for a FOID again, I was of course denied, citing that I had to clear 5 years since my release from a health institution, OR I could choose to Appeal which I tried to do at the time (this is before I found IllinoisCarry), and was subsequently denied since I did not see a medical professional to evaluate and sign off.
At this point, I opted to wait until the 5 year mark passed just because work was also taking over my life again along with various other aspects and ventures.

(July) 2019: I attempted to re-apply for the FOID again, this time due to me buying a home and such, I updated my record on the ISP website, it initially said Pending the first day, then the following day it said Denied again, I was curious as to why which was when I joined IllinoisCarry, spoke briefly with Molly B via PMs and then decided to schedule an interview/eval with a qualified examiner in hopes of getting my card and rights restored.

(December) 2019: I had my eval, I cleared and I submitted my paperwork out to ISP right before New Year's Eve.

--
2020:
Jan - no updates, my evaluator advised that the FOID revoc appeal process could take 30-60 days, and said that expect to hear nothing until at least February, so I didn't press on anything from ISP.

Feb - end of Feb hits, nothing but I didn't worry too much

Mar - I called ISP, they put me in an auto-dialer list, took my info down, and hung up on me, despite me being clear, polite and precise with my wording - yes, they're clearly undestaffed.

Mar - COVID also happens.. I get a call from ISP towards the end of the month, with zero update on how all was going, they called simply just to ask what I needed... so yes, a waste of time.

Apr - nothing, I still update my evaluator on the process every month just to let him know how it was all going.

May - no movement, go on the ISP again and write a letter to them through a chat-box window that I found and gave them a similar breakdown of what I'm writing here and requested an update on movement and if anything else was required on my end. No response
[End of] June - I get an envelope in the mail from ISP Administration, my updated FOID card (I paid $11 when I initially tried to reapply when moving in 2019) was sent to me and is now (back) in my possession.

So long story short, took me 6 months. From mailing in all my paperwork via Certified Mail to their ISP Appeals department, encountering the COVID pandemic, to finally getting my FOID back.

[Molly B.]

Thank you for this update!! I know others will find it helpful.

[regaskyle@aol.com]

Mailed my application over 15 months ago, losing hope that I’ll ever hear back.....

[Molly B.]

Mailed my application over 15 months ago, losing hope that I’ll ever hear back.....

Send the request for a hearing that was mentioned above. Make sure to include court documents showing you completed the community service, supervision and any other court ordered conditions.

[oblagon2000]

Just joined to get more info on appeals. From the looks of it the appeals process is behind closed doors and you're not updated on it?
Had a denial due to mental health over 5 years and sent in the required form filled out by the doctor along with the request for appeal and request for investigation form.