Under Board Review?

[capotwosix]

 

I finally got a different response on isp ccw but it said I'm under board review. From other posts, are they still taking a long time with board reviews and do this mean I will be denied my CCW? I'm a vet, 3 years law enforcement but I got a misdemeaner firearm posession after I left the sheriff department. That charge was 11 years ago. No other record before or after that charge. Will that cause for denial?

 

This should not be reason for a denial.

 

What are reasons for denial?

 

This whole process seems shady and lacks transparency. I just went "under board review" today. Made some mistakes when I was younger, but everything was expunged and I've never been convicted and or arrested for a felony charge. Only misdemeanors. I was under the impression that if you've never been convicted of a felony than it's "shall issue", seems more like "may issue". Even reading through multiple comments and threads I still don't quite understand how this works. From what I gathered, it will take over a year because of "under board review". Even read it's taken some people here two years+... that's not right.

 

Sorry for the half rant. This state is frustrating as we're all aware. Plus the almost 500$ it costs just to apply, then be put under board review is disheartening and unconstitutional. Just because Illinois politicians have money to burn doesn't mean some of us aren't on a budget, not that they care lol

[skinnyb82]

 

What are reasons for denial? This whole process seems shady and lacks transparency. I just went "under board review" today. Made some mistakes when I was younger, but everything was expunged and I've never been convicted and or arrested for a felony charge. Only misdemeanors. I was under the impression that if you've never been convicted of a felony than it's "shall issue", seems more like "may issue". Even reading through multiple comments and threads I still don't quite understand how this works. From what I gathered, it will take over a year because of "under board review". Even read it's taken some people here two years+... that's not right. Sorry for the half rant. This state is frustrating as we're all aware. Plus the almost 500$ it costs just to apply, then be put under board review is disheartening and unconstitutional. Just because Illinois politicians have money to burn doesn't mean some of us aren't on a budget, not that they care lol

I can run down a summary list of reasons I've seen. Gang affiliation, simply too many arrests for forcible felonies (or misdemeanors such as battery) even if there's no convictions. Any of the statutory disqualifiers such as mental health admissions, under indictment for a misdemeanor or felony, two DUIs in the preceding 7 years (or 5, I don't remember but it's pointless because the third is a felony), no court-ordered drug or alcohol treatment or residential/inpatient treatment for drugs or alcohol ("DUI School" is considered court-ordered alcohol treatment), felonies, misdemeanors for which the maximum punishment is incarceration for over two years (Massachusetts DUIs male people prohibited persons), that's all I can think of off the top of my head.You did everything right. You screwed up, admitted to it, have kept your nose clean, are a productive member of society, and have expunged everything that would give you problems for a CCL application. They should not be using expunged crap on applicants. It defeats the entire purpose of expungement. To give someone a clean start because their rap sheet was holding them back. If you were a juvenile when all of your run-ins with the law occurred, that stuff is automatically sealed when you turn 18. Regardless of the severity of the crime.This UBR nonsense backlog has to end. It's mostly Dart objecting. He's clogged it all up. Honestly, not living in Cook County is the fastest way to get a CCL. Dart will object to ANYTHING he sees. I'm guessing you're a prisoner err resident of Cook.Sent from my VS987 using Tapatalk

[capotwosix]

 

What are reasons for denial?

 

This whole process seems shady and lacks transparency. I just went "under board review" today. Made some mistakes when I was younger, but everything was expunged and I've never been convicted and or arrested for a felony charge. Only misdemeanors. I was under the impression that if you've never been convicted of a felony than it's "shall issue", seems more like "may issue". Even reading through multiple comments and threads I still don't quite understand how this works. From what I gathered, it will take over a year because of "under board review". Even read it's taken some people here two years+... that's not right.

 

Sorry for the half rant. This state is frustrating as we're all aware. Plus the almost 500$ it costs just to apply, then be put under board review is disheartening and unconstitutional. Just because Illinois politicians have money to burn doesn't mean some of us aren't on a budget, not that they care lol

I can run down a summary list of reasons I've seen. Gang affiliation, simply too many arrests for forcible felonies (or misdemeanors such as battery) even if there's no convictions. Any of the statutory disqualifiers such as mental health admissions, under indictment for a misdemeanor or felony, two DUIs in the preceding 7 years (or 5, I don't remember but it's pointless because the third is a felony), no court-ordered drug or alcohol treatment or residential/inpatient treatment for drugs or alcohol ("DUI School" is considered court-ordered alcohol treatment), felonies, misdemeanors for which the maximum punishment is incarceration for over two years (Massachusetts DUIs male people prohibited persons), that's all I can think of off the top of my head.

 

You did everything right. You screwed up, admitted to it, have kept your nose clean, are a productive member of society, and have expunged everything that would give you problems for a CCL application. They should not be using expunged crap on applicants. It defeats the entire purpose of expungement. To give someone a clean start because their rap sheet was holding them back. If you were a juvenile when all of your run-ins with the law occurred, that stuff is automatically sealed when you turn 18. Regardless of the severity of the crime.

 

This UBR nonsense backlog has to end. It's mostly Dart objecting. He's clogged it all up. Honestly, not living in Cook County is the fastest way to get a CCL. Dart will object to ANYTHING he sees. I'm guessing you're a prisoner err resident of Cook.

 

Sent from my VS987 using Tapatalk

Thanks for the response. Unfortunately I've lived in Chicago my entire life, so I'm familiar with Crook county shnanagians. I haven't been arrested in almost 10 years and that's when I was 21. Everything has been expunged or dropped. I'm worried someone may have filed a police report against me 4-5 years ago without my knowing. I was never contacted by police regarding the situation, but a mutual friend told me that I may have had the report filed against me. That's the only thing I can think of. If that's the case and it's been over 4 years, almost 5 years, that's not enough reason to deny me, is it? I had no problem acquiring my foid back in August, so I don't see how they would issue that, but not a CCL, if they felt I was a "danger". Again, I'm just guessing here because I'm not sure why they would put me under board review. I know I'm preaching to the choir, but all this is very stress inducing, especially after spending all the time and money to apply.

[skinnyb82]

The police report seems to be sufficient enough to put you UBR. But it seems likely that the expunged stuff or the arrest record is what triggered the objection. Yeah, Dart will object to an applicant with an expunged and/or sealed sheet. The Board is getting sick of Dart because he's clogging up the entire system with his bogus crap objections. Personally, I believe denying or even temporarily suspending a right due to a police report or a 10 year-old arrest or for a non-violent crime (that has since been expunged, treated as though it never happened) is just unconscionable. The existence of an uncorroborated police report is about the flimsiest reason to put you UBR. Objecting based on expunged stuff is also...well it should be illegal.

 

Were you given any paperwork explaining the reason for being under board review? AFAIK you should have something if you're possibly gonna need to defend yourself in court or in front of an arbiter of some kind.

 

Sent from my VS987 using Tapatalk

 

 

[capotwosix]

The police report seems to be sufficient enough to put you UBR. But it seems likely that the expunged stuff or the arrest record is what triggered the objection. Yeah, Dart will object to an applicant with an expunged and/or sealed sheet. The Board is getting sick of Dart because he's clogging up the entire system with his bogus crap objections. Personally, I believe denying or even temporarily suspending a right due to a police report or a 10 year-old arrest or for a non-violent crime (that has since been expunged, treated as though it never happened) is just unconscionable. The existence of an uncorroborated police report is about the flimsiest reason to put you UBR. Objecting based on expunged stuff is also...well it should be illegal.

 

Were you given any paperwork explaining the reason for being under board review? AFAIK you should have something if you're possibly gonna need to defend yourself in court or in front of an arbiter of some kind.

 

Sent from my VS987 using Tapatalk

I just went UBR as of yesterday, so I haven't received any paperwork regarding the objections. From what I've read on here it seems that just because you're UBR doesn't mean you will be denied, but does that mean you will have to still respond to the review board? Or do they just review it themselves in some cases without requiring a response and then send it back to ISP for processing? Either way, I should be putting myself in the mindset that it will take at least a year, if not more to receive my CCW if not denied?

[mkhalil61]

Yeah. I've been waiting over a year now and it is a very frustrating process. Being UBR completely sucks the excitement out of you. Just because your UBR does not mean you will be denied, in fact almost 80% of objections get overturned so statistics is on our side. The whole process makes no sense because if you are given a FOID card and eligible to purchase weapons than how is that person a threat to themselves or others? If they are a threat than why the heck do they have the FOID card anyway?

Its a ridiculous process that will eventually be taken care of through legislation. Unfortunately, until than all you can do is wait and keep your nose clean...

[capotwosix]

Yeah. I've been waiting over a year now and it is a very frustrating process. Being UBR completely sucks the excitement out of you. Just because your UBR does not mean you will be denied, in fact almost 80% of objections get overturned so statistics is on our side. The whole process makes no sense because if you are given a FOID card and eligible to purchase weapons than how is that person a threat to themselves or others? If they are a threat than why the heck do they have the FOID card anyway?

Its a ridiculous process that will eventually be taken care of through legislation. Unfortunately, until than all you can do is wait and keep your nose clean...

 

Sorry to hear you've been waiting over a year, that is absolutely ridiculous and unconstitutional. So much for "shall issue"

Does being UBR mean you will have to submit a response to the objections, or will they just overrule the objections on their own.

[Molly B.]

 

Sorry to hear you've been waiting over a year, that is absolutely ridiculous and unconstitutional. So much for "shall issue"

Does being UBR mean you will have to submit a response to the objections, or will they just overrule the objections on their own.

 

 

It could be either one. We are hoping the era of waiting a year or more is nearing an end.

[Molly B.]

 

I just went UBR as of yesterday, so I haven't received any paperwork regarding the objections. From what I've read on here it seems that just because you're UBR doesn't mean you will be denied, but does that mean you will have to still respond to the review board? Or do they just review it themselves in some cases without requiring a response and then send it back to ISP for processing? Either way, I should be putting myself in the mindset that it will take at least a year, if not more to receive my CCW if not denied?

 

 

The first letter usually is just a notification that your application has been sent to the review board because an objection was filed and does not contain the info about who objected or why. CCL Review Board most times will overrule the objection without asking for a response from the applicant.

[capotwosix]

 

I just went UBR as of yesterday, so I haven't received any paperwork regarding the objections. From what I've read on here it seems that just because you're UBR doesn't mean you will be denied, but does that mean you will have to still respond to the review board? Or do they just review it themselves in some cases without requiring a response and then send it back to ISP for processing? Either way, I should be putting myself in the mindset that it will take at least a year, if not more to receive my CCW if not denied?

 

The first letter usually is just a notification that your application has been sent to the review board because an objection was filed and does not contain the info about who objected or why. CCL Review Board most times will overrule the objection without asking for a response from the applicant.

Thanks Molly. Hopefully I won't have to respond seeing as the last time I was arrested was over 9 years ago and wouldn't remember details, etc,

[skinnyb82]

Wonder if we can get stats on how many of Dart's objections are sustained vs aggregate objections from Cook and why not also throw in the aggregate number of applicants. I know around here they have only objected to maybe a dozen applicants and only when they're on a first name basis with the applicant. Erm well who knows what it is now but it was a whopping 0.01% objection rate at one point and only half of those sustained.

 

Sent from my VS987 using Tapatalk

 

 

[jaypablo]

applied 06/12/17 with prints, and just got my 5th 30day letter.. I was super excited when I applied but now its like all hope is lost. I have my Florida's ccl so I guess I need to take trips out of town just so I can carry you would think if im active with florida and have foid then I should be good to go, not the case with IL as I am still UBR.

[mkhalil61]

applied 06/12/17 with prints, and just got my 5th 30day letter.. I was super excited when I applied but now its like all hope is lost. I have my Florida's ccl so I guess I need to take trips out of town just so I can carry you would think if im active with florida and have foid then I should be good to go, not the case with IL as I am still UBR.

 

Yeah I agree. It completely sucks the enthusiasm out of you. I too have my Florida CCL, applied over the summer. All we can do is hang in there and keep our noses clean. Eventually, there will be some form of accountability for those abusing the system.

[capotwosix]

 

applied 06/12/17 with prints, and just got my 5th 30day letter.. I was super excited when I applied but now its like all hope is lost. I have my Florida's ccl so I guess I need to take trips out of town just so I can carry you would think if im active with florida and have foid then I should be good to go, not the case with IL as I am still UBR.

 

Yeah I agree. It completely sucks the enthusiasm out of you. I too have my Florida CCL, applied over the summer. All we can do is hang in there and keep our noses clean. Eventually, there will be some form of accountability for those abusing the system.

If HR 38 gets passed than your Florida CCW will be vaild to carry in IL without an IL CCL.

The worst part of being UBR is it feels like the state just stole your hard earned money and ran. They have zero accountability and could care less about tax paying, law abiding citizens. Illegal immigrants can go get a driver lincense (which is a privilege, not a right) with no problem, but when it comes to actual citizens practing their constitutional right, they delay with no reason. Just another abuse of power from the state. Wish we could vote these people out of office, but the political system in this state is so corrupt it will never happen.

[InterestedBystander]

If HR 38 gets passed than your Florida CCW will be vaild to carry in IL without an IL CCL.

 

Are you sure?

 

https://www.congress.gov/bill/115th-congress/house-bill/38

 

"A qualified individual must: (1) be eligible to possess, transport, or receive a firearm under federal law; (2) carry a valid photo identification document; and (3) carry a valid concealed carry permit issued by, or be eligible to carry a concealed firearm in, his or her state of residence."

[kwc]

 

If HR 38 gets passed than your Florida CCW will be vaild to carry in IL without an IL CCL.

Are you sure?

 

https://www.congress.gov/bill/115th-congress/house-bill/38

 

"A qualified individual must: (1) be eligible to possess, transport, or receive a firearm under federal law; (2) carry a valid photo identification document; and (3) carry a valid concealed carry permit issued by, or be eligible to carry a concealed firearm in, his or her state of residence."

 

 

The text you quoted does not appear in H.R. 38. This bill would allow an IL resident to get a FL license and carry in IL.

 

The sponsor has stated such, and in fact this issue prompted an amendment that was introduced into today's House Judiciary Committee mark-up (as I write this). The amendment would require the permittee to be licensed in his or her home state.

 

Edit to add: The amendment lost (8 "yes" to 17 "no").

[InterestedBystander]

The text you quoted does not appear in H.R. 38. This bill would allow an IL resident to get a FL license and carry in IL.

 

 

Good to know. Sorry, I did not read bill but foolishly assumed the summary on the congress web site would be accurate.

[kwc]

Good to know. Sorry, I did not read bill but foolishly assumed the summary on the congress web site would be accurate.

 

Yes, it is odd the summary doesn't accurately reflect the text or intent of the bill.

[EsadG]

I'm approaching the 2 year mark since application. UBR for like 20 months?

[jaypablo]

 

applied 06/12/17 with prints, and just got my 5th 30day letter.. I was super excited when I applied but now its like all hope is lost. I have my Florida's ccl so I guess I need to take trips out of town just so I can carry you would think if im active with florida and have foid then I should be good to go, not the case with IL as I am still UBR.

 

Yeah I agree. It completely sucks the enthusiasm out of you. I too have my Florida CCL, applied over the summer. All we can do is hang in there and keep our noses clean. Eventually, there will be some form of accountability for those abusing the system.

 

your right, all we can do is hang in there, its sad we all going through this

[jaypablo]

I'm approaching the 2 year mark since application. UBR for like 20 months?

I couldn't imagine waiting that long!!! omg that's insane

[jaypablo]

 

 

applied 06/12/17 with prints, and just got my 5th 30day letter.. I was super excited when I applied but now its like all hope is lost. I have my Florida's ccl so I guess I need to take trips out of town just so I can carry you would think if im active with florida and have foid then I should be good to go, not the case with IL as I am still UBR.

Yeah I agree. It completely sucks the enthusiasm out of you. I too have my Florida CCL, applied over the summer. All we can do is hang in there and keep our noses clean. Eventually, there will be some form of accountability for those abusing the system.

If HR 38 gets passed than your Florida CCW will be vaild to carry in IL without an IL CCL.

The worst part of being UBR is it feels like the state just stole your hard earned money and ran. They have zero accountability and could care less about tax paying, law abiding citizens. Illegal immigrants can go get a driver lincense (which is a privilege, not a right) with no problem, but when it comes to actual citizens practing their constitutional right, they delay with no reason. Just another abuse of power from the state. Wish we could vote these people out of office, but the political system in this state is so corrupt it will never happen.

 

I highly doubt IL will honor any other state ccl. we are the worse state in history. but that's good news if that happens but I wont hold my breath lol

[mkhalil61]

jaypablo despite the overwhelming amount of antigunners in office right now we are not nearly as bad as California or Massachusetts. Sheesh I couldn't imagine ever living in either of those states.

[capotwosix]

I can't help but be extremely angry reading posts from people with twenty+ 30 day letters and dread having to wait that long after receiving my first UBR letter. I'm confused as to how we currently have a so called Republican Governor and this is still an issue seeing as CCW has been around for a while in Illinois. MollyB mentioned they're working on clearing the backlog. It doesn't seem to be an efficient process due to the amount of time and money that all of us have put into it. We as law abiding and taxpaying citizens deserve better than this ridiculous system, especially those who have been "darted".

 

Has anyone here had an unusually quick turnaround from being UBR to active? Like in the actual 90 day period?

 

Apologies for the rant. I know I'm preaching to the coir, we all share this frustration. There has to be something we can do to put an end to this asap. Come together and hire and constitutional lawyer? There is power in numbers.

[jaypablo]

jaypablo despite the overwhelming amount of antigunners in office right now we are not nearly as bad as California or Massachusetts. Sheesh I couldn't imagine ever living in either of those states.

oh im sure now that you mentioned it, I was too sure that IL was the worse state. atleast we are not alone I guess

[mkhalil61]

I can't help but be extremely angry reading posts from people with twenty+ 30 day letters and dread having to wait that long after receiving my first UBR letter. I'm confused as to how we currently have a so called Republican Governor and this is still an issue seeing as CCW has been around for a while in Illinois. MollyB mentioned they're working on clearing the backlog. It doesn't seem to be an efficient process due to the amount of time and money that all of us have put into it. We as law abiding and taxpaying citizens deserve better than this ridiculous system, especially those who have been "darted".

 

Has anyone here had an unusually quick turnaround from being UBR to active? Like in the actual 90 day period?

 

Apologies for the rant. I know I'm preaching to the coir, we all share this frustration. There has to be something we can do to put an end to this asap. Come together and hire and constitutional lawyer? There is power in numbers.

 

I've reached out to lawyers already, one lawyer offered to send a letter to the ISP and board for 800 dollars. But the point is there is no ground really to sue on besides the wait time. The process and legality you have to go through is a major headache and will take a good amount of time before getting the case in front of a judge. By that time the Board will see the lawsuit and probably issue a decision on your application. At that point the lawsuit will be thrown out the window.

 

Now if they deny your application on false pretext then you have a nice lawsuit. ISP and board know that their at odds with us Under Board Review and honestly we can't do much about it. Hopefully, we are able to pass legislation so this does not happen to others in the near future. Until then I recommend you enjoy your right to own and buy firearms, go to the range and practice shooting with your future carry gun. If your interested in doing some outdoor training there is a couple guys near central Illinois that conduct classes. They actually have a class coming up December 8th. If interested google "triggerFarm Sheridan, IL"

 

Above all, don't be negative. I know its hard not to but you know that eventually they HAVE to approve your application because you KNOW you qualify for it. Until then just keep your nose clean and think about the positives.

[capotwosix]

 

I can't help but be extremely angry reading posts from people with twenty+ 30 day letters and dread having to wait that long after receiving my first UBR letter. I'm confused as to how we currently have a so called Republican Governor and this is still an issue seeing as CCW has been around for a while in Illinois. MollyB mentioned they're working on clearing the backlog. It doesn't seem to be an efficient process due to the amount of time and money that all of us have put into it. We as law abiding and taxpaying citizens deserve better than this ridiculous system, especially those who have been "darted".

 

Has anyone here had an unusually quick turnaround from being UBR to active? Like in the actual 90 day period?

 

Apologies for the rant. I know I'm preaching to the coir, we all share this frustration. There has to be something we can do to put an end to this asap. Come together and hire and constitutional lawyer? There is power in numbers.

 

I've reached out to lawyers already, one lawyer offered to send a letter to the ISP and board for 800 dollars. But the point is there is no ground really to sue on besides the wait time. The process and legality you have to go through is a major headache and will take a good amount of time before getting the case in front of a judge. By that time the Board will see the lawsuit and probably issue a decision on your application. At that point the lawsuit will be thrown out the window.

 

Now if they deny your application on false pretext then you have a nice lawsuit. ISP and board know that their at odds with us Under Board Review and honestly we can't do much about it. Hopefully, we are able to pass legislation so this does not happen to others in the near future. Until then I recommend you enjoy your right to own and buy firearms, go to the range and practice shooting with your future carry gun. If your interested in doing some outdoor training there is a couple guys near central Illinois that conduct classes. They actually have a class coming up December 8th. If interested google "triggerFarm Sheridan, IL"

 

Above all, don't be negative. I know its hard not to but you know that eventually they HAVE to approve your application because you KNOW you qualify for it. Until then just keep your nose clean and think about the positives.

 

What can we do to speed up the process of getting some legislation on the books to address this?

[mkhalil61]

The IllinoisCarry folks have been on it. SB1038 addresses this issue. I don't know how far along it is but you can ask others on this site that may be more informed than me. The details of SB1038 are below.

 

SB1038 Government Tech (Concealed Carry Due Process)

 

Replaces everything after the enacting clause. Amends the Firearm Concealed Carry Act. Provides that a law enforcement agency objection to an applicant based upon information in an arrest or incident report shall be based on information from an investigation of the objecting law enforcement agency and not an investigation from another law enforcement agency. Provides that the Department of State Police may review and verify a law enforcement agency objection to an applicant before the Department's submission of the objection to the Concealed Carry Licensing Review Board. Provides that any verification shall determine: (i) if the criteria under the Act for the submission of an objection by a law enforcement agency has been met, (ii) that the objection has been filed against the proper person, and (iii) that information relevant to the objection has been included. Provides that a law enforcement agency objection that fails this verification shall be returned to the objecting law enforcement agency and the law enforcement agency shall have 10 calendar days after receiving notification from the Department to submit the required information, provide the Department a response, or withdraw the objection. Provides that if the objecting law enforcement agency fails to respond within 10 calendar days, the Department shall reject the objection and process the application. Provides that immediately upon the receipt from the Department of notice of an objection, the Board shall notify the applicant of the referral of the application to the Board and that the 90-day period for the Department to issue or deny a license has been tolled. Provides that the notification of the referral shall inform the applicant of his or her right to submit a written statement to the Board on his or her behalf. Provides that all final administrative decisions of the Department or the Board under the Act shall be subject to de novo judicial review by the circuit court (currently, judicial review under the Administrative Review Law). Makes other changes.

Senate Amendment 2 - Pending

Replaces everything after the enacting clause. Amends the Firearm Concealed Carry Act. Provides that the Department of State Police may review and verify a law enforcement agency objection to an applicant before the Department's submission of the objection to the Concealed Carry Licensing Review Board. Provides that any verification shall determine: (i) if the requirements under the Act for the submission of an objection by a law enforcement agency has been met, (ii) that the objection has been filed against the proper person, and (iii) that information relevant to the objection has been included. Provides that a law enforcement agency objection that fails this verification shall be returned to the objecting law enforcement agency and the law enforcement agency shall have 30 calendar days after receiving notification from the Department to submit the required information, provide the Department a response, or withdraw the objection. Provides that if the objecting law enforcement agency fails to respond within 30 calendar days, the Department shall reject the objection and process the application. Provides that immediately upon the receipt from the Department of notice of an objection, the Board shall notify the applicant of the referral of the application to the Board and that the 90-day period for the Department to issue or deny a license has been tolled. Provides that the notification of the referral shall inform the applicant of his or her right to submit a written statement to the Board on his or her behalf. Makes other changes.

[capotwosix]

That was very informative, thank you. I know Molly and IC are all working very hard, but I was wondering if there's something we as voting citizens could do to support the cause.

[mkhalil61]

Vote for pro-2A politicians. Also filling out witness slips when the time comes around (you'll know when to do that by looking through the new threads).