FOID revoked because of "voluntary mental health admission" - options?

[seansco]

A friend had his FOID revoked because of "voluntary mental health admission". He spent a few days in a mental heath hospital because of some depression issues.

My question is what recourse is available to him? Can he appeal it that same way you can a IL CCL? If so, what is the best way to do this without spending thousands on a lawyer?

 

Any experience or advice would be appreciated.

[armadroid]

i think he needs a lawyer, but IIRC he might be barred for life.

[McCroskey]

These revocations are ridiculous and will have the exact opposite effect from that intended. Now people will decline to pursue mental health treatment because they'll have their rights revoked if they do.

[seansco]

i think he needs a lawyer, but IIRC he might be barred for life.

The letters says "in the last 5 years" so hopefully at worst in 5 years he can get a new one.

[seansco]

These revocations are ridiculous and will have the exact opposite effect from that intended. Now people will decline to pursue mental health treatment because they'll have their rights revoked if they do.

very true

[BShawn]

These revocations are ridiculous and will have the exact opposite effect from that intended. Now people will decline to pursue mental health treatment because they'll have their rights revoked if they do.

 

Exactly this^

 

To be brtually honest. Your friend likely wont see a FOID card again for FIVE (5) years. I know because I was in a similar situation myself although not voluntary. I could not find a lawyer that would TOUCH it. Unless you (he) finds a lawyer that can get something done about it before hand, tell him to wait 5 years (to the day) to re-apply. At that point he can re-apply, and they may even give him **** then too, but will ultimately get his FOID back then. I'm unsure of his status of eligibility for a CCL.

 

My next advice is exactly what officedrone talks about! If you have firearms and DON'T want to lose your "rights" (rights in quotes because in IL it's not a right it's a "privelage") - you may want to be VERY careful about what you do and do not "seek help" for! It really stinks but it is what it is. I don't think people should NOT seek help if they truly need it, but I also do NOT think the state should be able to "revoke" your RIGHTS just because you seek help. Catch 22, and you'll have to decide which is more important...

 

@Officedrone - you're exactly right - Now people that DO need help - WONT seek it - if they don't want to lose their 2A rights.

[Indigo]

These revocations are ridiculous and will have the exact opposite effect from that intended. Now people will decline to pursue mental health treatment because they'll have their rights revoked if they do.

In the 80's, when everyone was frantic about AIDS, there were proposed plans to quarantine these patients to prevent the spread of the disease. That ended pretty quickly when the the brains at CDC realized it would do nothing but drive the victims underground. The current law does exactly the same thing - keeping people who need help from getting it. Fits with the VA restricting the rights of veterans because they need help managing their finances.

[lockman]

So you go in voluntarily for a check-up of your mental state and regardless of the determination you lose your rights.

 

Your bat-poop crazy! Loss of rights.

Your Just plain normal! Loss of rights.

You are deemed to be the sanest person on earth! lose your rights.

 

Definitely a deprivation suite in the works.

[Jaybird78]

I have a close relative that tried to get a new FOID after a voluntary admission about 10 years ago. She reapplied for FOID and was denied. Look into the deep dark words of the FOID act and there is some sort of "in the last 10 years" and not just the "last 5 years" that appears on the application.

 

The state police did send a letter and a form to have filled out by a professional physician to "vouch" for her current stability. She has not talked to her physician yet regarding the issue.

 

I hope it all works out for you.......the fact one can be trusted with prescriptions, alcohol and driving an automobile, but not a firearm simply boggles the mind.

[BIGDEESUL]

Contact Elmer Fudd. He knows the entire process, inside and out, and upside down.

 

From what I remember, although it's written in the law, there's almost no recourse other than paying a lawyer to deal with the ISP.

 

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[ChicagoRonin70]

So you go in voluntarily for a check-up of your mental state and regardless of the determination you lose your rights.

 

Your bat-poop crazy! Loss of rights.

Your Just plain normal! Loss of rights.

You are deemed to be the sanest person on earth! lose your rights.

 

Definitely a deprivation suite in the works.

 

Actually, I've pretty much been deemed eminently sane by the Federal government, and the State of Illinois was pretty much forced to fast-track my CCL application through, or else risk going straight to Federal court since a representative from a Federal agency was involved. The reason they did that was because they didn't want a challenge to the CCL law in that venue, because of the risk to having the entire thing invalidated.

 

Sometimes the system actually works even better than it should, on rare occasion.

 

http://i.imgur.com/T3nICYj.jpghttp://i.imgur.com/PbyKtyV.jpg

[Trevis]

Dang, Ronin, that's a glowing review if I ever saw one. If like to have been a fly on the wall in the conversations arising from that letter.

[ChicagoRonin70]

Dang, Ronin, that's a glowing review if I ever saw one. If like to have been a fly on the wall in the conversations arising from that letter.

 

Apparently, a memo that was sent out regarding it that essentially said to avoid giving me any reason for legal action, because of the nightmare that would ensue for the FCCL law. It was one of the last things that Quinn's office dealt with, from my understanding.

 

My wife also wrote a letter to the CCLRB on my behalf, essentially taking them to task for trying to deny me my Constitutional rights after I fought and sacrificed for my country. That was another thing that they didn't want any part of getting into a courtroom.

[Trevis]

If only they had...

[Dr Duke]

I apologize for bringing up such an old thread but I have a friend in a similar situation. He spent a few days in an institution. They then pulled his FOID.

This happened years ago and he has not had any issues since.

 

What is the first step in getting it back?

As long as it has been 5 years does he just need to apply and see what they say?

 

Thanks

[Molly B.]

I apologize for bringing up such an old thread but I have a friend in a similar situation. He spent a few days in an institution. They then pulled his FOID.

This happened years ago and he has not had any issues since.

 

What is the first step in getting it back?

As long as it has been 5 years does he just need to apply and see what they say?

 

Thanks

 

There is a process to follow, not too difficult or complicated. Forms can be found here: https://www.ispfsb.com/Public/FAQ.aspx

 

 

Mental Health - Voluntary Mental Health Admission Less than Five Years Ago

You are prohibited from a FOID Card for five years from the date you were discharged from the mental health facility; however, you may appeal for relief from the firearm prohibitor. Submit a Request for FOID Appeal and Request for Investigation and Waiver of Liability and all required documentation as outlined in FOID Appeal Requirements (Mental Health).

 

Mental Health - Voluntary Mental Health Admission More Than Five Years Ago

To appeal you must submit a FOID Request for Appeal and Request for Waiver of Liability and have a physician, clinical psychologist or qualified examiner submit the Mental Health Certification For Firearm Possession to the Illinois State Police at the address listed above. Physicians and qualified examiners must be licensed or certified in Illinois.

 

Mental Health - Involuntary Mental Health Admission

You may appeal for relief from this federal firearm prohibitor. Submit a Request for FOID Appeal and Request for Investigation and Waiver of Liability and all required documentation as outlined on in the FOID Appeal Requirements (Mental Health) instruction sheet.

 

 

[skinnyb82]

He has no recourse if within 5 years. It's the letter of the law. I believe the Act was amended to require a licensed mental health professional to sign off on anyone with a revocation due to voluntary admission after the five years is up. No way around it, unless you're a sworn LEO.

 

LEOs get to keep their FOIDs even if they check into rehab, are arrested for DB or anything for that matter (seen it happen here a few times with LEOs being arrested for drugs, domestic battery, etc), or voluntarily admit themselves to a mental health facility so long as a therapist says they're good to go, have to attend therapy sessions to be cleared. The justification is that LEOs need a FOID whereas us plebs do not (except to own a gun, ammo, high powered pellet gun, whatever). They miss the point that a mentally unstable (or alcoholic, or drug addicted) LEO is just as dangerous, if not more dangerous than a private citizen due to their position of authority. Had some high ranking cops (a Lieutenant maybe two, Sergeant I believe, some others, it was disgusting) get busted for thieving cocaine outta evidence lockup, falsifying records, and got out of that with a stern "Don't do that! No!"

 

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