Jump to content

Appealing CCL Review Board Denial


Molly B.

Recommended Posts

Update June 14, 2017:

If your CCL was denied by the Concealed Carry Review Board, you have a couple of options. The first and probably the least expensive is to have your record/rap sheet expunged (available only if you have no convictions on your record), then ask the ISP to clear your application from their system and reapply. The cost would include the expunging fees and the license fee. There is a very good possibility of success, but make sure everything has been expunged before reapplying.

 

Second option is to file an administrative review complaint in circuit court in the county where you live. However, you need to be aware that the court will only review whether or not the review board acted properly and according to the statute. The administrative review judge will not evaluate whether or not the review board was justified in their ruling. If you want to appeal based on a constitutional argument, that must be presented in your response to the review board, otherwise it will not be allowed to be introduced in your court appeal. See this link.

 

The denial letters sent out by the ISP inform applicants that they can appeal a CCL Review Board denial by filing an appeal called an Administrative Review Complaint. There is a 35 day deadline to file and the appeal must be filed in the circuit court in the county where you live.

 

Some members have shared some examples of what they are filing. This is not legal advice. We are just sharing what some think might be what the courts will want to see.

 

Some have argued a 'hearsay defense' claiming a police report is hearsay evidence and not admissible to be considered by the CCL Review Board . The state appellate courts are dismissing this argument on the basis the statute does allow police reports to be considered.

 

If you have a sample you would like to share, please let us know.

 

Thank you to everyone who has been so helpful in providing new information to the appeal process. Folks who have filed tell us summons must be served to the chairman of the Concealed Carry Review Board and director of the ISP and any other particular individuals at the ISP you want to add to the appeal process. We have added templates that others have used for these summons. The fee to file seems to range from around $100 in some counties to over $300 in Cook Co. We are also told there is a $12-$15 additional fee to file each summons. A member has added an update about a waiver for the fees: ask for a waiver form to pay zero to file your petition along with the summons and postage.

 

Cook County specific information:

 

What is the procedure for filing an administrative review complaint or appeal when a concealed carry license has been denied by the Concealed Carry License Review Board?
You need a Chancery Cover sheet, A Complaint, An Administrative Review Summons, any evidence you may have and are required to fill out our certified mailing forms for each defendant you need to serve. All of these can be found online and or in the Daley Center Chancery Division room 802. Also a filing fee of: $278 + postage (which varies by weight of the document you have served). You may ask for a waiver to avoid filing fees.

What court house and what office does one go to in Cook Co.? The Daley Center. 50 West Washington Chicago IL. Room 802 to file the paper work and start your case.

Is there legal assistance if someone must file the appeal pro se? Good advice is always to start in the basement of the Daley Center, Room CL-16 (Next to Starbucks) before coming up to Chancery to file your case. CL-16 has attorneys which can give you free legal advice and help you fill out paperwork.

Carlo DeFranco
Court Clerk Supervisor

The following template dates 2014, from early on when the board was denying licenses without revealing what agency objected and without disclosing to the applicant the reason for the objection, so there is a need to do some updating to the template.

 

 

A ccl petition 2017.pdf

 

A Summons1.doc

 

A Summons2.doc

 

It has been suggested that anyone filing also add some 'John Doe' defendants so that if you need to add one later you can simple replace a John Doe with the real person/entity... as we understand it you won't have to pay to serve the John Doe's until they are named, and this also prevents the court from dropping the paperwork or ruling against you because of a technicality of missing to name someone that was mandated...

 

I want to personally thank all the individuals who are filing appeals and sharing their information with us.

 

eta: ask for waiver to avoid filing fees

eta: appellate court rulings denying 'hearsay' complaint - 7-18-2017

eta: added new templates with updated info 8-9-2017

Link to comment
Share on other sites

Posted · Hidden by Molly B., June 7, 2016 at 03:23 PM - No reason given
Hidden by Molly B., June 7, 2016 at 03:23 PM - No reason given

Thanks Molly....this was a great post..I am not at the point that I need to draft one of these....yet....I need to get past my delightful issue with the FOID Revocation Appeal first. However, I am already thinking about what is potentially going to be involved and am actively working on developing a potential appeal for the potential rejection under the "clear and present danger" Review Board objection that would leverage off of a successful [hopefully at this point] appeal that rebuts the similar grounds for FOID revocation under 430 ILSC 65/8(e). I have been reading many comments about the two standards being vaguely similar but, have yet to see anyone articulate a rigorous analysis that discusses the development of both standards and can clearly...through legislative history, administrative guidance or judicature compare and contrast the standards. My sense is that the development of this linkage would be of substantial benefit to anyone that is impacted and has to challenge either provision. If anyone has genuine practice experience dealing with the issue, as distinguished from an opinion on the topic I would be sincerely appreciative is you would pm me. Thanks in advance.

Link to comment

Good to see some sample paperwork, if nothing else this should allow denied individuals to get the process rolling within the specified time period and thus give them more time to secure a lawyer and make their case...

 

Although I still find it sad that it has come to this type of 'may issue' for many who will no have to fight for the right...

Link to comment
Share on other sites

Posted · Hidden by Molly B., June 7, 2016 at 03:23 PM - No reason given
Hidden by Molly B., June 7, 2016 at 03:23 PM - No reason given

For those that are in Cook county and need to file an appeal, I went to the Rolling Meadows courthouse today to file my appeal. They told me that at this time, appeals can only be filed at the Daley Center downtown in room 802. So if you are in Cook county, don't waste your time trying to file anywhere but the Daley center.

Link to comment
Posted · Hidden by Molly B., June 7, 2016 at 03:23 PM - No reason given
Hidden by Molly B., June 7, 2016 at 03:23 PM - No reason given

I would have thought that you should be including the county sheriff's office.

Since they are the ones that objected to your application and the CCLRB agreed.

 

You have no idea who objected or flagged your account for review, could be some guy from 20 years ago that went on to become a cop 20 years after you dissed his sister or could be a flat out mistake of identity by some municipal cop in some town you have never seen or visited... Or it might very well be from a local municipal or county cop for some reason... Anyone's guess really since it's super secret info...

Link to comment
Posted · Hidden by Molly B., June 7, 2016 at 03:23 PM - No reason given
Hidden by Molly B., June 7, 2016 at 03:23 PM - No reason given

Wait, I thought the process was ISP to your County sheriff, be to CCLRB and either approved or denied.

ISP can reject and your sheriff can object.

 

The ISP puts your application in an online database and any Illinois LE agency can log in and view that database and put an objection in for anyone...

Link to comment
Posted · Hidden by Molly B., June 7, 2016 at 03:23 PM - No reason given
Hidden by Molly B., June 7, 2016 at 03:23 PM - No reason given

Thanks Molly....this was a great post..I am not at the point that I need to draft one of these....yet....I need to get past my delightful issue with the FOID Revocation Appeal first. However, I am already thinking about what is potentially going to be involved and am actively working on developing a potential appeal for the potential rejection under the "clear and present danger" Review Board objection that would leverage off of a successful [hopefully at this point] appeal that rebuts the similar grounds for FOID revocation under 430 ILSC 65/8(e). I have been reading many comments about the two standards being vaguely similar but, have yet to see anyone articulate a rigorous analysis that discusses the development of both standards and can clearly...through legislative history, administrative guidance or judicature compare and contrast the standards. My sense is that the development of this linkage would be of substantial benefit to anyone that is impacted and has to challenge either provision. If anyone has genuine practice experience dealing with the issue, as distinguished from an opinion on the topic I would be sincerely appreciative is you would pm me. Thanks in advance.

your case is frightening. I really hope you get it resolved without too much delay. Best of luck
Link to comment
Posted · Hidden by Molly B., June 7, 2016 at 03:23 PM - No reason given
Hidden by Molly B., June 7, 2016 at 03:23 PM - No reason given
Hi I'm new here but have found lots of gd info on the site.(thnx) my ccl was also denied on 4/1. I'm still waiting on my letter so I can start the appeal. It was denied by cclrb so I believe that's whom I need to appeal to in my case correct? Btw I'm 31y/o active food card since 2003 no DUI/mental issues/or convictions! Last arrest was 06 and that was only because my brother used my id for an arrest but it was proven in court that it was never me n the case was dismissed against me
Link to comment
Posted · Hidden by Molly B., June 7, 2016 at 03:23 PM - No reason given
Hidden by Molly B., June 7, 2016 at 03:23 PM - No reason given

For those that are in Cook county and need to file an appeal, I went to the Rolling Meadows courthouse today to file my appeal. They told me that at this time, appeals can only be filed at the Daley Center downtown in room 802. So if you are in Cook county, don't waste your time trying to file anywhere but the Daley center.

Don't they have "Global Filing" where you can file in any clerks of the courts office for any court house? Does this not apply to Administrative Review? Maybe they discontinued it. I did it once in Rolling Meadows on a court case, the clerk also called the Daley Center to "spindle" a court date. I know the clerk's hate it, heard them complaining about the "global filing" to each other in the elevator at Daley Center (was a lot of work for them).

Link to comment
Posted · Hidden by Molly B., June 7, 2016 at 03:23 PM - No reason given
Hidden by Molly B., June 7, 2016 at 03:23 PM - No reason given

At this point in time no. The clerk at Rolling Meadows said that at this point in time the process is new and the only place that will handle the appeals right now is the Daley Center. She also told me that so many people were coming in to file appeals that she can't imagine that they won't accept them sometime in the future. But at least for now, the Daley Center is the only place that you can file if you are in Cook County.

Link to comment

Here is just a tip I have picked up and I hope it helps everyone out.
When your filling out your administrative review cover sheet. It is a good idea to list everyone involved. Including your local Leo.
List the ISP
ISP director
ISP executive director
ISP firearms bureau
ISP firearms bureau chief
ISP conceal carry licence review board
ISP cclrb members list is here - http://appointments.illinois.gov/appointmentsDetail.cfm?id=495
List your local police department
Local Leo chief
Leo deputy chief

You don't want to miss anyone who is a part of your denial. It can lead to a dismissal of your case.
List every party and make sure you get mailing address for everyone.
The cclrb imo you shouldn't need each of their addresses.

I am not a lawyer and this is not to be taken as lawyers legal advice.
Just advice from another USA citizen and second amendment/ right to carry supporter.

Link to comment
Share on other sites

You don't want to miss anyone who is a part of your denial. It can lead to a dismissal of your case.

 

Someone else can provide the actual format used in Illinois courts for this as I'm unaware... Instead of naming people randomly that you have no idea if they had any involvement or not and missing someone that was involved, you should instead be adding 'John Doe' defendants that you can fill in at a later date...

 

Almost all courts will allow you to simply add 'John Doe' in the list of defendants for one unknown person or for multiples you would add for example 'John Doe 1-25' and this will allow you to fill in up to 25 names at a later date... Again I'm not sure of the actual and proper format to add John Doe defendants in IL so some further research should be done...

Link to comment
Share on other sites

I'm not sure if that's correct. When I went to file, I had to have the addresses of the defendants because they actually serve all the defendants that you name. I gets quite costly too since you have to pay to have each one served. They charged me $15 for each one named.

 

It is correct, it's the way it's done when you don't know exactly who is responsible at the time of filing but need to file the lawsuit prior to time limitations on filing running out... Google 'fictitious defendants' or 'John Doe defendants' for more info...

 

http://dictionary.law.com/Default.aspx?selected=743

 

As the John Doe defendants are discovered during the course of the court proceedings the blanks will be filled in and they will be served at that time...

 

As for cost, naming and paying to serve people that are not involved is the real waste, especially if you fail to name someone that was actually involved and causes the case to be dismissed or lost due to a technicality...

Link to comment
Share on other sites

I was told to have 3 copies of your appeal petition and expect to fill out two more forms.

The individual I spoke with told me this BEFORE the summons and summons complaint forms were listed on this thread, so I'm not sure if those are what the individual was referring to.

Also, that it was just under $300 to file.

Expect to spend some time waiting in line as well.

 

If I'm missing anything, please fill in the blanks! I'm going to file in about 10 days and am curious what else needs to be done.

Link to comment
Share on other sites

Posted · Hidden by Molly B., August 10, 2017 at 12:01 PM - No reason given
Hidden by Molly B., August 10, 2017 at 12:01 PM - No reason given

lawyers I've spoken to have said these cases would be very long and expensive to pursue. I've had zero luck finding an affordable lawyer. What are most people doing? Petitioning on their own, then seeking council?

 

It's funny how lawyers are saying this when no one, not one of them has done it before.

The administrative process goes like this in laymen terms.

You /lawyer files paperwork, wait for court date. On first court date you /lawyer receive other sides evidence against you, then on to the next court date. Where you fight /show your proof against their evidence that your not a danger to yourself or others. Then judge orders up.

Wow two court dates and some paperwork. Whole lot of stuff happening there,Smh.

Fill out the paperwork yourself takes away from the lawyer adding bs to your fees. You have all the forms you need on top page.

Link to comment
Posted · Hidden by Molly B., August 10, 2017 at 12:01 PM - No reason given
Hidden by Molly B., August 10, 2017 at 12:01 PM - No reason given

You may be missing a step......you probably want to prepare the subpoenas and get them submitted to the clerk of the court and served so you have the information well in advance of the court date. Otherwise....you will get your second date another four months after the first date and before you know it the process is going to take a year.

Link to comment
Posted · Hidden by Molly B., June 7, 2016 at 03:23 PM - No reason given
Hidden by Molly B., June 7, 2016 at 03:23 PM - No reason given

Seems to me the burden of proof would have to be on cclrb . there are no terms in the law on how the judicial review needs to be conducted. Where as in the FOID act there are terms set forth ilcs 65/10 . no where in the law does it say that isp is to be notified of the appeal. I would think if the cclrb denied you. You would only list the members as the defendants. The law does not state that the even they must be served. I am speaking to this as I was originally denied a FOID card and I appealed to the court pursuant to ilcs 65/10 . I Presented my evidence to the judge and have issued an order to ISP to issue me a FOID. It was really pretty simple process.

 

Sent from my XT1080 using Tapatalk

 

 

Link to comment

Archived

This topic is now archived and is closed to further replies.

×
×
  • Create New...