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Appealing CCL Review Board Denial


Molly B.

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I am now beyond the 30 days after my response, 32 to be exact. Before that, I was at almost 60 days from the time I accepted a remand when they requested more information. At this point, I would be surprised if I have a permit within a year of applying. Only have a little over 2 months till it has been a year. I keep checking online though.

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The real question is, when is your next court date?

 

If you are "Under Board Review" the clock stops.

When you go into "Under Review" lief is good.

 

Expect to go "Under Review the a day or two before your court date and "Active" a day before or the morning of your court date.

 

This way if you beat these time frames, you'll have something to celebrate. I would not expect the ISP to speed things up faster than they have to.

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I am now beyond the 30 days after my response, 32 to be exact. Before that, I was at almost 60 days from the time I accepted a remand when they requested more information. At this point, I would be surprised if I have a permit within a year of applying. Only have a little over 2 months till it has been a year. I keep checking online though.

 

The real question is, when is your next court date?

 

If you are "Under Board Review" the clock stops.

When you go into "Under Review" lief is good.

 

Expect to go "Under Review the a day or two before your court date and "Active" a day before or the morning of your court date.

 

This way if you beat these time frames, you'll have something to celebrate. I would not expect the ISP to speed things up faster than they have to.

Agreed, when is your next court date?

However, is there a motion that can be filed asking for restitution as well as your license since the board has not issued a decision within the 30 day time period?

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I am now beyond the 30 days after my response, 32 to be exact. Before that, I was at almost 60 days from the time I accepted a remand when they requested more information. At this point, I would be surprised if I have a permit within a year of applying. Only have a little over 2 months till it has been a year. I keep checking online though.

I'm right there w/u. I'm at 34 days and still under board review. What court date are you guys referring to? I got remanded back to the cclrb at my adm appeal and have no other court date but once again according to ISP and my lawyer am at the mercy of the cclrb. Very frustrating to be stuck at the exact same place i was 7 months ago and nobody has any answers or seems to care that the board isn't even following their lastest set of made up rules.

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Agreed, when is your next court date?

However, is there a motion that can be filed asking for restitution as well as your license since the board has not issued a decision within the 30 day time period?

 

 

Typically the prevailing party in civil litigation in Illinois is entitled to an award of "costs." I didn't bother putting that in the order though i likely would have been granted them. I was happy to come out with my "rights" more or less intact. Normally an award of costs would be reflected in the court order disposing of the case. If you were remanded and your suit has been rendered moot, it would seem that whether you are a "prevailing party" entitled to an award of costs is a little less clear.

 

Good luck.

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So par usual I wake up this morn and first thing I do is check my status. I have gone from under board review to simply under review. I'm praying that I go to active soon... Also praying that I don't back to denied!!!! I guess any progress is a great thing, stay tuned....

It's a little premature, but Congratulations! I have yet to see a case go from under board review to under review to anything other than active!

 

Was the 34 days from your response total days, or business days?

 

Today is day 40 over all, 28 business days. I'm getting nervous :/

 

I think Saturday I will send the ISP a letter inquiring about my status and attach my response stating that the board is now past their 30 day mark and see if that has any effect.

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My now 35 days are calendar days not business. Now idk if it helped or was just a conicidence, but I called ISP yesterday and spoke to a rep whom I believe was named Heather and informed her of my plight as I have at least once a week since this has begun. But she shocked me by saying she was goin to take the info of my case and "message" the cclrb. So after that, sometime between 6pm and 7:30am this morning I went from Under board review to simply under review. So maybe give ISP a call and see if that will help push you along.

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That's encouraging to hear.

My plan as of right now is to call the Illinois State Police Friday and if there is no resolution, I will send a formal letter citing the new rules regarding the CCLRB having 30 days to respond to my response and point out that they are now over that in both calendar days and business days. As well as a copy of my response.

 

Perhaps I should call the ISP today and send the letter Saturday.

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Hello everyone --- First its been a few days since I've been back, and just wanted to say congrats to Jasong145 and Japonte for going to Active status.

Second just wanted everyone to know that as of October 22 I too went to ACTIVE status and have already received my CCL in the mail. I just wanted to let everyone know that I also only submitted it online. Also I had an attorney friend help me draft the response letter and for anyone who is about to submit and they took longer than the time since they submitted the objection, may want to include this,

 

"However, by submitting this response, I reserve my right to object to the jurisdiction of the CCLRB to review this matter, as the Illinois Department of State Police (IDSP) has surpassed the ninety-day period in which to submit an objection to the CCLRB. 430 ILCS 66/15 (2013). Without submission of this matter to the CCLRB prior to the expiration of the ninety-day waiting period, the IDSP must immediately issue me a license, and its failure to do so is in violation of due process."

 

Lastly I wish everyone the best of luck and I want to thank all of you for the help and inspiration I got from the members who posted on this page.

"If you want my gun you can have it....All you have to do is pry it... from my cold dead hands!"

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I was asked when my next court date is, and the answer is I do not have one scheduled. I have not yet stood in front of a judge on this appeal. I have dealt with the AAG and then the Circuit Clerk's office. The case is currently stricken with the ability to re-instate. Until the CCLRB makes a decision, it is out of the court's hands.
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OK, just spoke with a friendly gentleman at the ISP. Apparently I misinterpreted the new rules for the board. He has informed me that the board does not have a time frame in which to issue a decision regarding an appeal to an initial denial. The 30 day time frame, he claims, is only regarding the initial objections. So for further applicants who aren't going through the denial/appeals process, the board will issue a decision within 30 days of your response. For those of us going through the denial/appeals process, the board can take their sweet a$$ time!

This has me a little ticked off and frustrated. I submitted my response on the 19th (the same day my letter is dated) yet on Illinois Carry there have been several members who went back under review and or active well before the 30 calendar days we were under the impression was in effect.

 

Now, can someone point me in the right direction here and show me where exactly I can find the new set of "rules" that the board is supposed to be operating under? I'd like to reread them and clarify what the time frame actually is.

Furthermore, I will be drafting a formal letter today to be mailed to the ISP which will include my response.

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I believe the ISP is wrong. THis is what the statute says -

 

 

(f) The Board shall issue a decision within 30 days of receipt of the objection from the Department. However, the Board need not issue a decision within 30 days if:

(1) the Board requests information from the applicant, including but not limited to electronic fingerprints to be submitted to the Department, in accordance with subsection (e) of this Section, in which case the Board shall make a decision within 30 days of receipt of the required information from the applicant;
(2) the applicant agrees, in writing, to allow the Board additional time to consider an objection; or
(3) the Board notifies the applicant and the Department that the Board needs an additional 30 days to issue a decision.
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I agree that this should put them back to square one, but this was written for first submitted applications.

It does not contradict, it is simply saying they have 30 days, and if they ask for more information in that time, they have another 30 days from the time they receive it and so on and so on.

If the ISP person said they have no time limit I am sure that person is not the only one thinking that, and some if not all CCLRB members may feel the same way.

Us with court dates may be the only ones to get a time line imposed.

As I said before this CCLRB's service ends in January.

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BC1, I've read the rules numerous times after this morning and I am inclined to agree with you and Molly. I was misunderstanding the wording. It does state that they have only 30 days to respond to our responses. It doesn't specify calendar days or business days but on Friday I'll be past both time lines.

I'm drafting a letter now where I will cite part of sec 20 in regards to the time line and asking for an immediate resolution to my appeal.

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On the phone with the ISP again. This woman understands that the board only has 30 days to respond to our additional information. She informed me that I am most certainly not the only person past the 30 calendar days and the board is supposed to send out a letter notifying the applicant they need additional time. She admitted that that does not always happen in a "timely fashion."

 

She also knew that I had called previously today so they have some way of tracking or keeping notes on that FYI.

 

She advised I send my letter to that address that's listed on the letter from the CCLRB which she believes has a different suit number than the regular ISP address. I do not have my letter in front of me at work so I cannot verify that until tonight.

 

For the record, I'd like to acknowledge the two people I made contact with today at the ISP for being professional and friendly during a frustrating time as I'm sure they're swamped with calls and are as sick of this process as we are.

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