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Journey Through Entire FOID Process | THERE IS HOPE!


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-Checked myself in for mental health treatment in early 2012

 

-Lost FOID

 

-Reapplied in early 2013

 

-Denied

 

-Appealed to ISP

 

-Appeal to ISP denied

 

-Appealed again and requested Administrative Hearing

 

- Had hearing in August 2014

 

- FOID granted!!!

 

Anyone need an attorney who can make it happen for you, I got a name for you.

 

This was his first FOID Administrative Hearing and he was honest with me up front and told me he wasn't sure what was going to happen or how it would go.

 

What surprised me a lot was when you get through the Firearms Service Bureau and start dealing with ISP Legal staff, they are very reasonable people. The ISP attorney who did my hearing was an honest and respetable man. He called it like it was. But to get to that point you have to go through all the FSB first.

 

Any questions feel free to ask and let me see if I can help you.

 

 

 

 

 

 

 

 

 

 

 

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Congratulations!

 

Without making comments directly to or about you or your situation (as I do not know it and am not familiar with it), I will say this:

 

This is exactly why "laws" NEED to change. People can't so much as seek help (be responsible) if they need it. Such as for "mental health" or "alcohol" or other "substance addiction" or "abuse" without fear of losing their 2A rights privileges. That in turn WILL make some people that "NEED" help AVOID seeking it. THAT is a problem. I for one, say EVERYONE should be entitled to 2A rights (even prior felons or "mentally ill" people), but to shut them out from getting help by making them chose "which one do you want more, 'help' or 'your rights'"? Just is not right... Nor in the best interest of the individual OR the public at large...

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And I failed to discuss some of the "improper labeling" too. What about the couple who goes to marriage counseling, oop, now you have "mental health issues" "yank his and her 2A rights". War vet, PTSD, "oop yank his/her 2A rights".

 

It would surely seem they're looking for every excuse possible to make people ineligible for their 2A "rights"

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Thank you Sir!

 

My attorney complained about that very issue you bring up.

 

Another thing I forgot to say was that the Administrative Law Judge was really good too. I would be saying this even if I had lost. During the hearing the Judge never once copped an attitude with me or made any comments that made me feel any bias. I was challeneged by the Judge with some things, but so was ISP. The Judge came from an external law firm and was not an ISP attorney.

 

I hope my story can give others hope.

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Thank you Sir!

 

My attorney complained about that very issue you bring up.

 

Another thing I forgot to say was that the Administrative Law Judge was really good too. I would be saying this even if I had lost. During the hearing the Judge never once copped an attitude with me or made any comments that made me feel any bias. I was challeneged by the Judge with some things, but so was ISP. The Judge came from an external law firm and was not an ISP attorney.

 

I hope my story can give others hope.

 

Excellent story indeed! Very glad you got your FOID back!

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  • 2 weeks later...

Without asking you to provide too much personal detail, can you shed some more light on the administrative hearing process?

 

Thank you everyone. My card arrived yesterday!

 

So yeah, once your first appeal is denied then the administrative hearing process is the next step.

 

To get the process started I sent both an Email and a certified USPS letter to the FSB. It took a LONG time and lots of Emails and faxes and phone calls to get someone to get back with me on my hearing date.

 

The FOID ILCS has some legal references to these hearings but the biggest legal reference my attorney called on was under Illinois Administrative Code "Title 20: Corrections, Criminal Justice, and Law Enforcment Chapter II, Department of State Police, Part 1230, Firearm Owners Identification Card". In specific, mine fell under section 1230.70 for an appeal on a mental health related case.

 

The hearings are conducted in front of an Administrative Law Judge in an informal to semi-formal setting. ISP has a rep from their legal team and a rep from the FSB. My hearing was right at ISP HQ in Springfield in the first floor conference room. My attorney questioned me based on my most important evidence. The the ISP attorney questioned me based mostly on my medical file and some criminal allegations against me from the past. The Judge had questions for both sides. Closing statements were given. It lasted about 2.5 hours. The Judge would not grant a decisiton that day as she wanted some time to review my file in detail. There were a lot of documents with my case and even in 2.5 hours they were not all reviewed, just the key ones.

 

Then, in about 3 months, a pack of papers was mailed to me and my attorney outlining the facts of the case and the decision the Judge made and her legal basis for making it. There was also a signed letter in there from the Director of ISP.

 

All in all, again, this restored my faith in the process. We all know the FSB is busy but dealing with their people I felt like I was dealing with the Borg collective from Star Trek in which every member of the collective answered every question the same: "Your case is under review. You will be notified when any decisions are made". Once you get past them to the Hearing Process and start corresponding with the ISP Legal team, you feel like you are talking to individual humans again who have a positive interest in working with you and resolving your case.

 

I hope this was helpful.

Edited by icbs
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Congratulations , on your restored 2nd Amendment rights! The Law allows a pathway back. It is very important . there must always be a pathway back.
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Thank you for the information and congratulations. I don't mean to be a downer, but even with the law on your side it sounds like it would have been easy enough for the judge to rule against you too or am I missing something and was there actually a smoking gun in all of your documentation that sealed the deal for you getting your FOID card back?

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