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Hello folks

 

I applied for my FOID card back in mid-2015. I was denied due to a domestic battery charge(at the time it was 6 yrs since incident). I also happen to have a few felonies on my record nothing violent besides the domestic battery. Have a past use of drug history that may/ or may not come up. I've been sober from alcohol and drugs for 8 years. My last offense was a felony in 2008. Is there any hope? I was tempting to call a lawyer that specializes in this; however I'd like that as a last option. Any direction? Thanks in advance.

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Felonies,domestic battery conviction, drug issues. You appear to be the poster child for loosing ones gun rights. One of my nephews was busted for drug possession and lost his foid. He could not believe how fast they pulled it. He's never getting it back. If you can get

all the issues expunged from your record you can apply again. Good luck.

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I hate to say it, but with multiple felonies not only are you not getting that FOID but the ATF is going to flag you to the gun store when he sends in your 4473. From the ATF:

 

 

I have been convicted of a felony. How do I reinstate my rights to possess a firearm?

 

Persons who have been convicted of a “crime punishable by imprisonment for a term exceeding one year,” as defined by 18 U.S.C. § 921(a)(20), are prohibited from receiving or possessing firearms under Federal law, 18 U.S.C. § 922(g)(1). Felons whose convictions have been set aside or expunged, or for which the person has been pardoned or has had civil rights restored are not considered convicted under section 922(g)(1), unless that person was expressly prohibited by the law of the jurisdiction in which the proceedings were held from possessing firearms. Persons convicted of a State offense should contact the State Attorney General’s Office in the State in which they reside and the State of the conviction for information concerning State and local firearms restrictions, and any alternatives that may be available, such as a gubernatorial pardon or civil rights restoration. If your conviction is for a Federal offense, you would regain the ability to lawfully receive, possess, or transport firearms if you receive a Presidential pardon. You can find additional information about such pardons by contacting the Office of the Pardon Attorney online at www.usdoj.gov/pardon/

 

 

I dunno why you applied, you have to know they would just reject it.

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Hello folks

 

I applied for my FOID card back in mid-2015. I was denied due to a domestic battery charge(at the time it was 6 yrs since incident). I also happen to have a few felonies on my record nothing violent besides the domestic battery. Have a past use of drug history that may/ or may not come up. I've been sober from alcohol and drugs for 8 years. My last offense was a felony in 2008. Is there any hope? I was tempting to call a lawyer that specializes in this; however I'd like that as a last option. Any direction? Thanks in advance.

 

IMO, from my understanding, it may be possible, but is very, very hard. You would need expungement on all felony and domestic battery charges before a restoration of you firearm rights. A wise first step is finding an attorney who is familiar with this process and having a discussion. From what I have read, it takes many years, many large $$s, and even then takes quite a bit of luck & skill of your attorney. But I could be wrong. An attorney who is versed in the expungement process in Illinois would be able to set your expectations...

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Long story short, the FOID is the least of your problems. A felony conviction is a federal ban on ownership or possession of a firearm. There are exceptions, in cases of expungements and rights restoration by the courts, but these are the exception by a mile. I know 2008 seems a long time ago, but that was the most recent of several, and all of them would need to be removed from your record, and that would just be the first step in the process. Add in a domestic battery, even if it was 6 years ago, and a history of drug abuse, and you have a very long and uncertain road ahead of you to getting your 2A rights restored. Assuming all of your convictions were state convictions, and within the state of Illinois, and assuming you are successful at getting your rights restored at the state level, you will still need to clear many of the same hurdles at the federal level.

 

Sorry if this is not the news you expected to hear, but these are some of the very laws we point to when antis try to tell us we don't have enough laws to keep firearms out of the hands of dangerous individuals.

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The OP never mentioned convictions. A felony record can also mean that he was indicted but never convicted. How he answers will determine what kind of answers he will get. He may not look like a he would be a good example of a legal firearm owner but if he hasn't been convicted, he is entitled to exercise his rights just like the rest of us.

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  • 1 month later...

That was the OP's first and only post, and we've heard nothing from him in 1.5 months. Odd.

$ Just guessing maybe he is somewhere with no Internet access.$

Edited by spec5
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  • 1 month later...

The OP never mentioned convictions. A felony record can also mean that he was indicted but never convicted. How he answers will determine what kind of answers he will get. He may not look like a he would be a good example of a legal firearm owner but if he hasn't been convicted, he is entitled to exercise his rights just like the rest of us.

 

You would think so but I was convicted of a felony involving a work accident nothing violent or drug related. I appealed my case and won got a acquittal meaning I no longer have any convictions. I have no other criminal history or other disqualifying criteria and they still denied my foid card just days ago online. I haven't got my letter yet. So Im still paying for their mistakes.

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The OP never mentioned convictions. A felony record can also mean that he was indicted but never convicted. How he answers will determine what kind of answers he will get. He may not look like a he would be a good example of a legal firearm owner but if he hasn't been convicted, he is entitled to exercise his rights just like the rest of us.

 

You would think so but I was convicted of a felony involving a work accident nothing violent or drug related. I appealed my case and won got a acquittal meaning I no longer have any convictions. I have no other criminal history or other disqualifying criteria and they still denied my foid card just days ago online. I haven't got my letter yet. So Im still paying for their mistakes.

IANAL but I believe you'll need to consult an attorney and start the process to restore your rights. Question 1 is have you ever been convicted of a felony which you technically have. Not sure how that works with appeals but I'm sure that conviction is still on your record.

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You would think so but I was convicted of a felony involving a work accident nothing violent or drug related. I appealed my case and won got a acquittal meaning I no longer have any convictions. I have no other criminal history or other disqualifying criteria and they still denied my foid card just days ago online. I haven't got my letter yet. So Im still paying for their mistakes.

 

When you were originally convicted, a felony conviction was entered in the ISP's record system and they don't change or update anything unless they are notified and I seriously doubt that the convicting jurisdiction notified them. In order to get that changed, you'll have to file an appeal/records correction. It's actually pretty straight forward. Fill out both forms that they send you with your denial letter along with proof that you were acquitted on appeal. When I did mine, I also included a copy of my court transcripts, rap sheet and case disposition. Six months later I had my FOID and when I applied for my CCL, I had it in 33 days.

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You would think so but I was convicted of a felony involving a work accident nothing violent or drug related. I appealed my case and won got a acquittal meaning I no longer have any convictions. I have no other criminal history or other disqualifying criteria and they still denied my foid card just days ago online. I haven't got my letter yet. So Im still paying for their mistakes.

 

When you were originally convicted, a felony conviction was entered in the ISP's record system and they don't change or update anything unless they are notified and I seriously doubt that the convicting jurisdiction notified them. In order to get that changed, you'll have to file an appeal/records correction. It's actually pretty straight forward. Fill out both forms that they send you with your denial letter along with proof that you were acquitted on appeal. When I did mine, I also included a copy of my court transcripts, rap sheet and case disposition. Six months later I had my FOID and when I applied for my CCL, I had it in 33 days.

 

Thanks for the info. It is a real disappointment I might have another six month or more wait. They been holding my foid card hostage for 6 years waiting for trail all the way through appeal process . Guilty till proven innocent from the day you get charged.

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The OP never mentioned convictions. A felony record can also mean that he was indicted but never convicted. How he answers will determine what kind of answers he will get. He may not look like a he would be a good example of a legal firearm owner but if he hasn't been convicted, he is entitled to exercise his rights just like the rest of us.

You would think so but I was convicted of a felony involving a work accident nothing violent or drug related. I appealed my case and won got a acquittal meaning I no longer have any convictions. I have no other criminal history or other disqualifying criteria and they still denied my foid card just days ago online. I haven't got my letter yet. So Im still paying for their mistakes.

IANAL but I believe you'll need to consult an attorney and start the process to restore your rights. Question 1 is have you ever been convicted of a felony which you technically have. Not sure how that works with appeals but I'm sure that conviction is still on your record.

 

I did contact my attorney and asked her about this she said I have no conviction now. Its basically the same as being acquitted at trial. The conviction was reversed meaning never convicted.

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I initially applied for my FOID in September 2013 and was denied immediately because of a felony that was reduced to a misdemeanor was never filed. I appealed and faxed the affidavit and received my FOID two weeks after my birthday in March 2014. I went to the gun store and bought a new Glock 19 for my birthday.

A Glock for your birthday? That's a pretty mean thing to do to yourself. ;)

 

J/K :)

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