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Responding to CCL Review Board Request for Statement


Molly B.

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Before the CCL Review Board denies a concealed carry license, they will send a letter to the applicant stating which law enforcement agency filed the objection and list the reasons given by that agency. The reasons will usually be a list of misdemeanor convictions or arrests/reports that the agency has on file that did not result in a conviction. The letter will offer you the opportunity to submit a statement and documents that testify in your own behalf showing that you are not a danger to yourself, others, or the public. The letter will also state that you have 15 days to respond, if you need more time, you may request more time.

 

IF you should find yourself in the position of having to appeal a CCL Board denial in court, you can only present/argue information that was provided to the board, so it is important that you include everything in your response to the board that you might want to present later in court. The following information from fellow members about their experience with the board and with their court appeals may be helpful:

 

1. It is important that you address each of the reasons listed in the objection, explain in your own words what happened, be truthful. It is a very good idea to go to the objecting law enforcement agency and request a copy of all the records and reports so you can verify if the report is accurate - if it is not accurate, you should state this in your response to the board. It could take several weeks for an agency to provide the information you have requested - be sure to send a request for more time to the review board, if you think you will need it.

 

2. If you made mistakes in judgement years ago, it's best to admit it, then describe how you learned from those mistakes, how you have matured and are now a responsible citizen. To illustrate being a responsible adult, list your work history, community involvement, any productive activities you are involved in. If you have friends and family who are respected in the community, have them write a signed and notarized statement in your own behalf. This isn't critical but if you have had a troubled past, it could be helpful.

 

3. IllinoisCarry leadership believes the law enforcement objection and CCL Review Board process is unconstitutional. We are aware that several CCL applicants who appealed a board denial in court have tried to argue the constitutionality of the review board but their argument was not allowed in court because the argument was not first presented to the CCL Review Board. After consulting with our legal team, they advise the following be added to responses to the CCL Review Board's request for a statement from an applicant:

 

In addition to my denials of the factual allegations and legal conclusions raised by the law enforcement objection, I also object to, and challenge the constitutionality of the objection and review board process. I have met all qualifications for a concealed carry license under the Firearms Concealed Carry Act, and this process denies me the fundamental right to bear arms based solely on a preponderance of evidence, even though I do not have a disqualifying misdemeanor or felony conviction, nor have I been adjudicated to have a mental illness or mental disability. I also challenge the constitutionality of being deprived of the right to bear arms when only allowed to submit a written statement in my defense without being provided the opportunity of a hearing before the board in which I am allowed to present evidence, or to question the board or a representative of the objecting agency. The above-referenced statutes and procedures individually and collectively violate my Second Amendment rights, as well as my right to procedural due process under the Fourteenth Amendment.

Furthermore, I challenge the constitutionality of the objection process on the grounds of my Fourteenth Amendment right to equal protection under the law. There is no uniformity among law enforcement agencies as to what incidents or information may be considered a basis for an objection, which results in unfair disparate treatment among applicants and between various law enforcement agencies, sometimes for the same alleged type of incident. The result is an unfair and unconstitutional denial of the fundamental right to bear arms.

For the above reasons, I challenge the constitutionality, facially and as applied, of 430 ILCS 66/15(a), 20(d), 20(e), and 20(g).

 

 

Added note, be sure to have every thing ready to upload at the same time, once you hit submit the portal will close and you will not be able to submit any further comments or documents.

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  • 1 month later...

Anything else I should do after the replying to the objection response request? Requested on: 9/14/17 replied 9/27/17

Unfortunately, all you can do is wait. Keep an eye on your status on the ISP webpage, you should have an answer within 30 days roughly. You will be looking for your "Under Board Review" to change back to just "Under Review". My status changed about a week before I got the letter telling me the board over ruled the objection if I recall correctly

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  • 1 month later...

Thank you molly you have helped me and i was approved! The CPD put out some very false objections stating that i had a DUI,im in the gang database,i intentionally ran someone over with my car and i grabbed a ex girlfriend by the arm during a verbal altercation.I was convicted in 2006 for possession of a firearm with a foid card which was a misdemeanor. For the false DUI i sent in a court purpose MVR from the secretary of state of Illinois showing i clearly never had a DUI. For the gang database i went to CPD headquarters and questioned them on this and they could not help me. There were police reports on the intentionally running someone over and grabbing a ex girlfriend by the arm. They would not release the reports so i had to do a Freedom of Information Request to get those reports and i still have not received it to to this day. The documents i sent to the Illinois State Police review board for statement are the following: Affidavit stating that i have never been questioned,charge,arrested,convicted for DUI,ANY VIOLENCE,DOMESTIC OR SIMPLE AND AGGRAVATED,ANY GANG ACTIVITY,INTENTIONALLY RUNNING SOMEONE OVER WITH MY VEHICLE. I sent in a Freedom of Information request showing that the CPD will not even release this false information to me. I sent in my High School Diploma,Safe Driver awards because i am a truck driver,Print out from social security site showing that i have been working since i was 17 years old. I responded to every objection and my statement about my 2006 conviction for possession of a firearm with a foid card was sincere and explained exactly what happen and how i will never make that mistake again. I also sent in a disposition of this case. I included the statement molly has provided at the end of my 3 page letter. I advise any one with false objections to get whatever you can to show that you are innocent. If you are guilty just explained to them what happen and how you have changed. Thanks again Molly

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Thank you molly you have helped me and i was approved! The CPD put out some very false objections stating that i had a DUI,im in the gang database,i intentionally ran someone over with my car and i grabbed a ex girlfriend by the arm during a verbal altercation.I was convicted in 2006 for possession of a firearm with a foid card which was a misdemeanor. For the false DUI i sent in a court purpose MVR from the secretary of state of Illinois showing i clearly never had a DUI. For the gang database i went to CPD headquarters and questioned them on this and they could not help me. There were police reports on the intentionally running someone over and grabbing a ex girlfriend by the arm. They would not release the reports so i had to do a Freedom of Information Request to get those reports and i still have not received it to to this day. The documents i sent to the Illinois State Police review board for statement are the following: Affidavit stating that i have never been questioned,charge,arrested,convicted for DUI,ANY VIOLENCE,DOMESTIC OR SIMPLE AND AGGRAVATED,ANY GANG ACTIVITY,INTENTIONALLY RUNNING SOMEONE OVER WITH MY VEHICLE. I sent in a Freedom of Information request showing that the CPD will not even release this false information to me. I sent in my High School Diploma,Safe Driver awards because i am a truck driver,Print out from social security site showing that i have been working since i was 17 years old. I responded to every objection and my statement about my 2006 conviction for possession of a firearm with a foid card was sincere and explained exactly what happen and how i will never make that mistake again. I also sent in a disposition of this case. I included the statement molly has provided at the end of my 3 page letter. I advise any one with false objections to get whatever you can to show that you are innocent. If you are guilty just explained to them what happen and how you have changed. Thanks again Molly

 

How can a lawsuit not be a viable punitive option if the CPD is apparently lying about this, officially, to the board? Isn't this deprivation of rights under color of law, in essence?

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I talked to a few attorneys and they told me i basically have to prove that the false information denied me opportunities like jobs,licenses etc. I was provided the concealed carry license so i was not affected by these lies or mistaken identity errors by the CPD. Been on the job for 7 years so its hard to prove i was denied employment even though they had me down as a convicted felon when i got my rap sheet from 35th.They fixed that one on the spot when i showed them a foid card and a deposition from 2006. The review board could see right through this one especially the false DUI when all i had to do is go to the secretary of state to get a MVR. I contact a lawyer about the false gang database and they told me there is a civil suit going and she would get back with me.

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I talked to a few attorneys and they told me i basically have to prove that the false information denied me opportunities like jobs,licenses etc. I was provided the concealed carry license so i was not affected by these lies or mistaken identity errors by the CPD. Been on the job for 7 years so its hard to prove i was denied employment even though they had me down as a convicted felon when i got my rap sheet from 35th.They fixed that one on the spot when i showed them a foid card and a deposition from 2006. The review board could see right through this one especially the false DUI when all i had to do is go to the secretary of state to get a MVR. I contact a lawyer about the false gang database and they told me there is a civil suit going and she would get back with me.

 

You were not immediately provided with the concealed carry license, and the false information did delay you exercising a Constitutional right, so technically the damage had already been done, even if relief had been provided by granting the license eventually. It was also apparently deliberately false information, from what you seemed to be saying, so that would rise to the level of illegal activity to deny you your Constitutional rights, under color of the law: To wit:

 

https://www.law.cornell.edu/uscode/text/18/242

 

This is the sort of thing that you should see if you can get a hard-charging civil rights/Second Amendment attorney to take up on your behalf, and perhaps get the whole idiotic process challenged on the basis of its unconstitutionality. I almost had the opportunity to do this myself, back at the end of 2014 when I was objected to, but because there was not sufficient evidence of real, deliberate malfeasance, it would have been less likely to be successful. From what you wrote above, your case would be much stronger that there was deliberate bad intent.

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I totally agree. I was furious when i read the objection but i knew i was definitely getting my license because i knew it was false and i could easily prove it was false when i have never been arrested,questioned or charged for intentionally running someone over with my vehicle,gang activity,any kind of violence and a DUI.It is hard to find a 2A lawyer that will fight for our rights because there are a lot of attorneys just looking for a big settlement for police misconduct. If you guys know any attorneys i will be glad to work with them because i still have the statement from the CPD with the false objections. I even have the letter from the state police saying with the preponderance of evidence i do not oppose a threat to myself and others.

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I totally agree. I was furious when i read the objection but i knew i was definitely getting my license because i knew it was false and i could easily prove it was false when i have never been arrested,questioned or charged for intentionally running someone over with my vehicle,gang activity,any kind of violence and a DUI.It is hard to find a 2A lawyer that will fight for our rights because there are a lot of attorneys just looking for a big settlement for police misconduct. If you guys know any attorneys i will be glad to work with them because i still have the statement from the CPD with the false objections. I even have the letter from the state police saying with the preponderance of evidence i do not oppose a threat to myself and others.

 

I believe Molly would be the person to direct you to a likely attorney. There is a list of 2A attorneys on this board that I just saw her add a new name to.

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  • 4 weeks later...

They also lied on me they have me down for 6 different arrest stemming from 2006 to 2010 which is a lie if a have only been arrested twice in my life where both cases was dismissed. In which one of them where I actually was arrested they don't even have listed. Still UBR what should I do, wait?

 

Did the Board request a response from you? Have you responded? If you have not responded yet, please read this post before you do:

http://illinoiscarry.com/forum/index.php?showtopic=66414&p=1100987

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They also lied on me they have me down for 6 different arrest stemming from 2006 to 2010 which is a lie if a have only been arrested twice in my life where both cases was dismissed. In which one of them where I actually was arrested they don't even have listed. Still UBR what should I do, wait?

 

Did the Board request a response from you? Have you responded? If you have not responded yet, please read this post before you do:

http://illinoiscarry.com/forum/index.php?showtopic=66414&p=1100987

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No not yet Molly just received my response letter today I'm in the process of going to CPD HQ to request criminal records... Any tips will be greatly appreciated.

 

Just be sure to read the opening post in this topic. If you would like, I would be glad to read your response and offer suggestions before you send it in.

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Dont expect them to give you more time,i called and ask and they rejected me for more time.If you have not been arrested like they said you were,go down to 35th and get a fingerprint rap sheet and prove they are not being truthful.Remember if you can show evidence that it is a lie you will get you CCL by the properdorance of evidence you have provided. I had to take a day off work because they would not allow me more time. Also attach the rap sheet to the online portal response and send your reponse through the mail too just to make sure they receive it.
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Dont expect them to give you more time,i called and ask and they rejected me for more time.If you have not been arrested like they said you were,go down to 35th and get a fingerprint rap sheet and prove they are not being truthful.Remember if you can show evidence that it is a lie you will get you CCL by the properdorance of evidence you have provided. I had to take a day off work because they would not allow me more time. Also attach the rap sheet to the online portal response and send your reponse through the mail too just to make sure they receive it.

 

Pure hypocrisy. They give LE's almost 2 years to respond when they request more info from them but for us law biding citizens, we get a 30 day limit. Double standards... much?

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How do I request for more time needed? These Holidays are throwing a monkey wrench in the process.

 

 

(312) 793-0757 office

Call this number to request more time to respond to the board. You will get an answering machine.

Leave full legal name, application number, phone number

 

I was not aware that Chicagocivilian was denied extra time. I don't know of anyone else who was denied extra time. It would surely put the board at risk if they denied extra time for responding.

 

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Dont expect them to give you more time,i called and ask and they rejected me for more time.If you have not been arrested like they said you were,go down to 35th and get a fingerprint rap sheet and prove they are not being truthful.Remember if you can show evidence that it is a lie you will get you CCL by the properdorance of evidence you have provided. I had to take a day off work because they would not allow me more time. Also attach the rap sheet to the online portal response and send your reponse through the mail too just to make sure they receive it.

 

 

CC, did someone from the board respond to you and tell you that you could not have extra time to respond. I certainly want to address this with the CCL RB's legal counsel.

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Dont expect them to give you more time,i called and ask and they rejected me for more time.If you have not been arrested like they said you were,go down to 35th and get a fingerprint rap sheet and prove they are not being truthful.Remember if you can show evidence that it is a lie you will get you CCL by the properdorance of evidence you have provided. I had to take a day off work because they would not allow me more time. Also attach the rap sheet to the online portal response and send your reponse through the mail too just to make sure they receive it.

 

 

CC, did someone from the board respond to you and tell you that you could not have extra time to respond. I certainly want to address this with the CCL RB's legal counsel.

 

Yes i have the email with there response. I first called and spoke to a young lady and she had to speak to her supervisor. I waited about 20 seconds and she got back on the phone and told me i could not get extra time.Before i called i sent a email asking for more time and they responded back to me saying they spoke to me earlier and told me that i was unable to get more time.I guess they note every conversation you have with them.

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Dont expect them to give you more time,i called and ask and they rejected me for more time.If you have not been arrested like they said you were,go down to 35th and get a fingerprint rap sheet and prove they are not being truthful.Remember if you can show evidence that it is a lie you will get you CCL by the properdorance of evidence you have provided. I had to take a day off work because they would not allow me more time. Also attach the rap sheet to the online portal response and send your reponse through the mail too just to make sure they receive it.

 

CC, did someone from the board respond to you and tell you that you could not have extra time to respond. I certainly want to address this with the CCL RB's legal counsel.

Yes i have the email with there response. I first called and spoke to a young lady and she had to speak to her supervisor. I waited about 20 seconds and she got back on the phone and told me i could not get extra time.Before i called i sent a email asking for more time and they responded back to me saying they spoke to me earlier and told me that i was unable to get more time.I guess they note every conversation you have with them.

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CC, did someone from the board respond to you and tell you that you could not have extra time to respond. I certainly want to address this with the CCL RB's legal counsel.

Yes i have the email with there response. I first called and spoke to a young lady and she had to speak to her supervisor. I waited about 20 seconds and she got back on the phone and told me i could not get extra time.Before i called i sent a email asking for more time and they responded back to me saying they spoke to me earlier and told me that i was unable to get more time.I guess they note every conversation you have with them.

 

 

 

I think the problem is your communication is with the CCL appeals department and it is true they cannot extend response time for the CCL Review Board. The request and contact must be made directly with the Review Board at the number I posted in a previous post.

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Ok,i should have called that number because i really did not want to take that day off work but it all worked out at the end. I really did need more time when CPD told me i had to wait about a week for a police report after i filed a freedom of information request. I still have not receive any information on those reports from the CPD either.
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