Jump to content

Revoked FOID from charge in 1997


Recommended Posts

Hi all,

recently I had my Revoked FOID revoked for a domestic battery charge in 1997 (sad day)

about a year ago I applied for my foid and recieved it !

they give it and took it away

I was under they impression that my charge went away ( it was a false charge as it was )

but as it stand the police get a call and you go,

I called the court house to see what the out come was since it was so long ago and they told me it was conditional discharge satisfactory

I went through a series of anger management classes

what would be my best route or is there even away to get my FOID back ?

should I appeal or try and get the charge expunged ?

I am on a limited buget but the return of my FOID would be priceless


I am so glad I found this site, as one member stated as I started to read that they felt sorry for people who have been revoked

and did not know they had options


BTW the date on the revoke is 8/31/15 if there is a time limit

Link to comment
Share on other sites

 

Hi all,
recently I had my Revoked FOID revoked for a domestic battery charge in 1997 (sad day)
about a year ago I applied for my foid and recieved it !
they give it and took it away
I was under they impression that my charge went away ( it was a false charge as it was )
but as it stand the police get a call and you go,
I called the court house to see what the out come was since it was so long ago and they told me it was conditional discharge satisfactory
I went through a series of anger management classes
what would be my best route or is there even away to get my FOID back ?
should I appeal or try and get the charge expunged ?
I am on a limited buget but the return of my FOID would be priceless
I am so glad I found this site, as one member stated as I started to read that they felt sorry for people who have been revoked
and did not know they had options
BTW the date on the revoke is 8/31/15 if there is a time limit

 

 

 

At this point I don't believe a domestic conviction can be expunged. The ISP has been looking back at old battery convictions and if they involved a family member or someone living in the home, they are revoking FOIDs under the federal Lautenberg statute. This has happened all over the state and include convictions as far back as 1968 when the FOID act began, maybe further. It should be possible to have your firearm rights restored under the Coram ruling handed down by the IL Supreme Court but the FOID act was amended shortly before or after which the IL Attorney General is now using to argue that rights cannot be restored, even though lower court judges are ordering the FOIDs to be issued.

 

We currently have a lawsuit in Wabash County which raises the Constitutionality of a lifetime ban for a misdemeanor charge when relief is granted to felons who have committed violent crimes vs the misdemeanor conviction which might only have been for a shove, slap, or even just verbal.

 

We hope to have a ruling in that case by the end of this month, October.

 

My advice, since you mention you have a limited budget is to wait for the court ruling. The AGs office is fighting the cases tooth and toenail and a legal challenge with all the appeals involved would be very, very expensive.

Link to comment
Share on other sites

All felonys and crimes that the person either served their time or never had any should be trusted with their constitutional rights. I don't think they can be taken away if you are out of jail as you either served your time and should be trusted 100% in society or you aren't safe enough to be out of jail yet. Also the 2a isn't given by the government, but is a natural right.

Link to comment
Share on other sites

I just wanted to make it clear that this was a false charge,

I never touched her.. so was mad because it was boys night out and she didn't want me to go... and called the police to stop me...

it was a he said she said thing , even the police told me I would be out in an hour , not to worry about it

this happened on a Friday and the next thing I knew I was in front of a judge Monday morning for a bond hearing

It was a class A misdemeanor

 

when I called the court house and talked with the clerk the first time I asked her if I could get it expunged and she said yes

the next time I called she told me that she wasn't able to give legal advice, so that confused me

 

this is the only violent charge on record nothing even close I am not a violent person

I just want my right to bear arms !

 

Im think that my best course of action would be to what Moly B suggested

 

We currently have a lawsuit in Wabash County which raises the Constitutionality of a lifetime ban for a misdemeanor charge when relief is granted to felons who have committed violent crimes vs the misdemeanor conviction which might only have been for a shove, slap, or even just verbal.

and in the mean time is to collect records and find out exactly what happened 18 years ago

police records and court ...

 

I appreciate the reply's

and any more suggestions

Thanks everyone

 

I just wanted to toss this in here , I saw where people were having a hard time finding this form

and I cant find how to upload it

Request for Investigation and Waiver Liability

 

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

Edited by sli20001
Link to comment
Share on other sites

Unfortunately the false domestic battery syndrome is all too common. I know several people with a story like yours and its sad. My good friend is in the process of having his record of his bogus DB charge taken off his record. He told me his lawyer said it was no problem as the charge was older than 5 years. I would look into expungement if its possible for you. If you were only arrested and not found guilty it should be expungable but I am not a lawyer so I would check into it if it was me. Good luck to you and I hope it all works out.

Link to comment
Share on other sites

And if you file an appeal with the ISP they will simply say they cannot provide relief due to the Lautenberg Act and tell you to file an appeal in court. The IL Att. Gen. office then files a motion to dismiss the appeal. The courts are overruling the motion to dismiss and granting the appeal and ordering the FOIDs to be issued, then the IL Att. General's office files motion to vacate the order due to Lautenberg Act. It's been a never ending cycle of motions in these cases.

 

The current case in which we have raised the question of Constitutionality, we hope, will end that cycle and the appeal will go to the IL Supreme Court.

Link to comment
Share on other sites

  • 2 months later...

And if you file an appeal with the ISP they will simply say they cannot provide relief due to the Lautenberg Act and tell you to file an appeal in court. The IL Att. Gen. office then files a motion to dismiss the appeal. The courts are overruling the motion to dismiss and granting the appeal and ordering the FOIDs to be issued, then the IL Att. General's office files motion to vacate the order due to Lautenberg Act. It's been a never ending cycle of motions in these cases.

 

The current case in which we have raised the question of Constitutionality, we hope, will end that cycle and the appeal will go to the IL Supreme Court.

Is there any update on this case?

I filed for expungment and have a hearing Jan 6th

and as expected, I received letters from ISP and State attorney to deny

Link to comment
Share on other sites

Hindsight ... I know. But a suggestion to ALL to possibly avoid false Domestic Violence charges.

 

Install a high-tech security system in the home WITH video covering all/most of interior.

 

Long story made short: I had a girlfriend with here 17-18 year old son living with me. Relationship sometimes contentious, most contention being with him. One night an instance occurred between teenager and I where LE was called to the home. Teenager thought he could get away with false accusations towards me since I had a few glasses of wine that night and numerous firearms in the home (that was before the boating accident).

 

Initially, LE seemed fairly eager to cart me off. I pulled-up the surveillance video on the home computer and BAM - they arrested and hauled off the not so bright teenager on DV and false accusation charges!!

 

Saved my skin AND FOID!

Link to comment
Share on other sites

Hindsight ... I know. But a suggestion to ALL to possibly avoid false Domestic Violence charges.

 

Install a high-tech security system in the home WITH video covering all/most of interior.

 

Long story made short: I had a girlfriend with here 17-18 year old son living with me. Relationship sometimes contentious, most contention being with him. One night an instance occurred between teenager and I where LE was called to the home. Teenager thought he could get away with false accusations towards me since I had a few glasses of wine that night and numerous firearms in the home (that was before the boating accident).

 

Initially, LE seemed fairly eager to cart me off. I pulled-up the surveillance video on the home computer and BAM - they arrested and hauled off the not so bright teenager on DV and false accusation charges!!

 

Saved my skin AND FOID!

Body cams, dash cams and home security cams. Definitely something I need to invest in.

Link to comment
Share on other sites

 

And if you file an appeal with the ISP they will simply say they cannot provide relief due to the Lautenberg Act and tell you to file an appeal in court. The IL Att. Gen. office then files a motion to dismiss the appeal. The courts are overruling the motion to dismiss and granting the appeal and ordering the FOIDs to be issued, then the IL Att. General's office files motion to vacate the order due to Lautenberg Act. It's been a never ending cycle of motions in these cases.

 

The current case in which we have raised the question of Constitutionality, we hope, will end that cycle and the appeal will go to the IL Supreme Court.

Is there any update on this case?

I filed for expungment and have a hearing Jan 6th

and as expected, I received letters from ISP and State attorney to deny

 

 

After many motions by the state to dismiss, request summary judgement, etc. , we are scheduled for a hearing in January.

Link to comment
Share on other sites

Unfortunately the false domestic battery syndrome is all too common. I know several people with a story like yours and its sad. My good friend is in the process of having his record of his bogus DB charge taken off his record. He told me his lawyer said it was no problem as the charge was older than 5 years. I would look into expungement if its possible for you. If you were only arrested and not found guilty it should be expungable but I am not a lawyer so I would check into it if it was me. Good luck to you and I hope it all works out.

I learned that in Cook County it seems the States Attorney will almost always lodge an objection to a DV ARREST expungement !I had to get a notarized letter of recommendation from my ex wife ! Even with that the lovely female SA objected to the expungement. Fortunately the good Judge,also female allowed and approved the expungement. To the OP...get a lawyer.

Edited by Colt guy
Link to comment
Share on other sites

 

Unfortunately the false domestic battery syndrome is all too common. I know several people with a story like yours and its sad. My good friend is in the process of having his record of his bogus DB charge taken off his record. He told me his lawyer said it was no problem as the charge was older than 5 years. I would look into expungement if its possible for you. If you were only arrested and not found guilty it should be expungable but I am not a lawyer so I would check into it if it was me. Good luck to you and I hope it all works out.

I learned that in Cook County it seems the States Attorney will almost always lodge an objection to a DV ARREST expungement !I had to get a notarized letter of recommendation from my ex wife ! Even with that the lovely female SA objected to the expungement. Fortunately the good Judge,also female allowed and approved the expungement. To the OP...get a lawyer.

May I ask what the actual charge was? What the the SA say was their grounds for objecting - just because?

Link to comment
Share on other sites

  • 2 weeks later...

My court date is tomorrow, and I have been speaking with a lawyer in which he said "As long as the conviction date was before January 1, 1998, you should be able to get your FOID Card reinstated"

does anybody know why if it happened before the date that I HAVE a chance?

also, this is an expungement hearing can I bring this up at my case ?

​Im doing this myself so its a little foggy for me on what I can and can not do at this hearing

Link to comment
Share on other sites

I'm confused, are you discussing expungement of an arrest or of a conviction?

You can be arrested / charged without a conviction.

You can be arrested / charged and everything later dismissed without a conviction.

 

So exactly what is it you're trying to expunge?

You mentioned a lot of things that make it appear as though you were convicted of something.

 

Things are handled different based on arrest / charge, versus conviction.

Link to comment
Share on other sites

I plead guilty of a false charge of domestic battery

Because I was begged it to fight it she couldn't handle a trial

It was conditional discharged

So I am hoping the charge was down graded to battery

I won't know until I get the court papers tomorrow before I have to appear in court

But what I'm looking for is an answer to the question

If this case ended before January 1 98

I could have my FOID reinstated

Link to comment
Share on other sites

Great luck with the case Molly.

Link to comment
Share on other sites

  • 4 weeks later...

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share

  • Recently Browsing   0 members

    • No registered users viewing this page.
×
×
  • Create New...