ROSCOE8688 Posted January 9, 2017 at 02:50 AM Share Posted January 9, 2017 at 02:50 AM 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. Link to comment Share on other sites More sharing options...
WARFACE Posted January 9, 2017 at 02:57 AM Share Posted January 9, 2017 at 02:57 AM Get an expungement. Convictions and DUIs are not expugeable and you must also wait a certain period of time for certain things. I'm not sure but I think DB is 10 years depending on the class of crime. Link to comment Share on other sites More sharing options...
lilguy Posted January 9, 2017 at 03:08 AM Share Posted January 9, 2017 at 03:08 AM 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. Link to comment Share on other sites More sharing options...
McCroskey Posted January 9, 2017 at 03:24 AM Share Posted January 9, 2017 at 03:24 AM 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. Link to comment Share on other sites More sharing options...
tkroenlein Posted January 9, 2017 at 05:09 AM Share Posted January 9, 2017 at 05:09 AM You will most assuredly need a very good lawyer. No offense at the OP, but I'm glad the process of reinstating rights is convoluted and expensive. Sent from my iPhone using Tapatalk Link to comment Share on other sites More sharing options...
Buzzard Posted January 9, 2017 at 05:57 AM Share Posted January 9, 2017 at 05:57 AM I'm guessing that civil rights restoration is the restoration of voting rights. But, what is a gubernatorial pardon? Link to comment Share on other sites More sharing options...
mikew Posted January 9, 2017 at 01:06 PM Share Posted January 9, 2017 at 01:06 PM I'm guessing that civil rights restoration is the restoration of voting rights. But, what is a gubernatorial pardon?That's when you get pardoned by Da Gubna. Link to comment Share on other sites More sharing options...
tkroenlein Posted January 9, 2017 at 01:25 PM Share Posted January 9, 2017 at 01:25 PM I'm guessing that civil rights restoration is the restoration of voting rights. But, what is a gubernatorial pardon? That's when you get pardoned by Da Gubna.Our gubnas only get to sign pardons during yard time. Link to comment Share on other sites More sharing options...
Xwing Posted January 9, 2017 at 01:35 PM Share Posted January 9, 2017 at 01:35 PM 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... Link to comment Share on other sites More sharing options...
gangrel Posted January 9, 2017 at 04:34 PM Share Posted January 9, 2017 at 04:34 PM 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. Link to comment Share on other sites More sharing options...
Monty80 Posted January 10, 2017 at 04:55 PM Share Posted January 10, 2017 at 04:55 PM Have you ever been convicted of a felony? Link to comment Share on other sites More sharing options...
abolt243 Posted January 10, 2017 at 04:58 PM Share Posted January 10, 2017 at 04:58 PM Have you ever been convicted of a felony?Read his opening post. The answer is yes, multiple. Link to comment Share on other sites More sharing options...
Monty80 Posted January 10, 2017 at 05:10 PM Share Posted January 10, 2017 at 05:10 PM 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. Link to comment Share on other sites More sharing options...
Glock23 Posted January 10, 2017 at 05:10 PM Share Posted January 10, 2017 at 05:10 PM Have you ever been convicted of a felony?Read his opening post. The answer is yes, multiple. Valid question, technically, as the OP does not specifically state that he was convicted of anything. Link to comment Share on other sites More sharing options...
biggun 1 Posted February 20, 2017 at 03:44 AM Share Posted February 20, 2017 at 03:44 AM the op stated that he has several felony,s on his record so i think it is safe to say he has conviction,s.i hope he comes back and answers that question. Link to comment Share on other sites More sharing options...
kwc Posted February 20, 2017 at 04:05 AM Share Posted February 20, 2017 at 04:05 AM That was the OP's first and only post, and we've heard nothing from him in 1.5 months. Odd. Link to comment Share on other sites More sharing options...
biggun 1 Posted February 20, 2017 at 04:28 AM Share Posted February 20, 2017 at 04:28 AM hopefully he did not fall off the wagon. Link to comment Share on other sites More sharing options...
chrisjj Posted February 20, 2017 at 02:49 PM Share Posted February 20, 2017 at 02:49 PM I am in a similar situation, however my felony was 25 years ago (1991, dmg to property), non-violent, and no police contact since then. From all my research and in the process now, I think the most important thing is to give it some time, perhaps a few more years. Link to comment Share on other sites More sharing options...
biggun 1 Posted February 20, 2017 at 03:44 PM Share Posted February 20, 2017 at 03:44 PM i don,t know for sure but i think as far as isp is concerned a felony conviction lasts forever. Link to comment Share on other sites More sharing options...
spec5 Posted February 20, 2017 at 04:35 PM Share Posted February 20, 2017 at 04:35 PM (edited) 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 February 20, 2017 at 04:36 PM by spec5 Link to comment Share on other sites More sharing options...
Dcompton Posted February 20, 2017 at 05:02 PM Share Posted February 20, 2017 at 05:02 PM 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.$ Or it was someone trolling to see if the group would inform them of loopholes or other ways to circumvent the law. Link to comment Share on other sites More sharing options...
biggun 1 Posted February 21, 2017 at 12:39 AM Share Posted February 21, 2017 at 12:39 AM i would not rule out the isp doing something like that.i also heard the isp sometimes put,s a plant in a ccl class to try and catch an instructor cheating on the hours or skipping required parts of the course. Link to comment Share on other sites More sharing options...
Captdigb Posted April 3, 2017 at 01:13 AM Share Posted April 3, 2017 at 01:13 AM 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. Link to comment Share on other sites More sharing options...
Cerus Posted April 3, 2017 at 06:34 AM Share Posted April 3, 2017 at 06:34 AM 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. Link to comment Share on other sites More sharing options...
Monty80 Posted April 3, 2017 at 04:11 PM Share Posted April 3, 2017 at 04:11 PM 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. Link to comment Share on other sites More sharing options...
Captdigb Posted April 6, 2017 at 07:09 PM Share Posted April 6, 2017 at 07:09 PM 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. Link to comment Share on other sites More sharing options...
Captdigb Posted April 6, 2017 at 07:20 PM Share Posted April 6, 2017 at 07:20 PM 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. Link to comment Share on other sites More sharing options...
Maladina Posted April 6, 2017 at 08:30 PM Share Posted April 6, 2017 at 08:30 PM 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. Link to comment Share on other sites More sharing options...
Cerus Posted April 7, 2017 at 03:23 AM Share Posted April 7, 2017 at 03:23 AM 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 Link to comment Share on other sites More sharing options...
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