FOID Appeal/Mental Health Help

[dcamacho13]

Hey everyone, I am brand new to the site and would like some input regarding my FOID appeals process. I'll try and make this as concise as possible:

 

My FOID was revoked due to voluntarily seeking mental health treatment. I spent six days in the hospital and enrolled in a three month outpatient program for depression and anxiety. While I cannot begin the appeals process until September (psychiatrist wants to wait a full year from the revocation before providing a case for me), I am trying to get everything in order. Along with letters from my psychiatrist and therapist, I will have supportive letters written by my fiancee (LEO) and aunt (RN), among others. Here's where things get complicated...

 

*As I have to report all mental health diagnoses and treatments, I am currently a medical cannabis card holder

 

*Even though I voluntarily sought treatment, ISP stated they still document it as being "involuntarily committed"

 

Is it wise to seek legal counsel to maximize the potential of FOID reinstatement and, if so, does anyone have any recommendations? Should I fight the label of being involuntarily committed, as it sounds like that could be a big hurdle for me? Although I have not used my card or purchased anything since May of last year, should I terminate it to make it more favorable for the appeals process?

 

I wish I could explain my situation in its entirety, but this is the gist of it. It pains me greatly to have lost my FOID and if I knew there would be so many hoops to jump through, I would have thought twice before seeking help (which is a shame). I would be eternally grateful for any information provided because I want to be able to enjoy hunting and sport shooting again.

[WitchDoctor]

Sir, if your Dr's say you are well, then you are well. The medical card is something I am not familiar with, but if it helped, it was worth it. It is still Illegal on the Federal level, but I believe others have a card and still have a FOID..

There are extremely educated and helpful people on this forum and you will receive very good advice from a variety of people.

Oh yeah, welcome to Illinois Carry.

Stay well and learn from those in the know.

WD

[InterestedBystander]

I'm fairly certain you can't get a FOID while holding a cannabis card.

 

You can get a FOID but private sales only. Cant pass the BGC from a 4473 as I understand it. I seem to recall the MMCard needs to have been expired for one year before federal law will OK you.

 

ISPFSB FAQ

 

Q. If I am a qualifying patient or designated caregiver pursuant to the Compassionate Use of Medical Cannabis Pilot Program Act and hold a valid Medical Cannabis Card, are my Firearms Owners Identification Card and Concealed Carry License still valid?

 

Medical marijuana cardholders will not have their FOID or CCL cards revoked, or be denied issuance of a FOID or CCL card, due to their status as a medical marijuana cardholder. Such cards are State-issued, governed by State law, and State law requires that a person's status as a medical marijuana cardholder not result in the denial of any right or privilege

Edited May 7, 2018 at 06:27 AM by InterestedBystander

[Gamma]

Involuntary commitment is a lifetime ban, so if you were NOT involuntarily committed, you will have to do whatever is necessary to get that corrected.

 

Voluntary commitment is a 5 year ban in Illinois.

 

Get far away from the cannabis card ASAP if you have any aspirations of restoring and retaining your firearms rights.

[dcamacho13]

Thank you all for your advice. The "involuntarilly committed" label shocked me but what was most disturbing was when I contacted ISP to rectify the situation, they told me that state legislature changed, in which any stay in a treatment clincic, voluntary or involuntary, would be documented as uimvoluntary. Of course, I received the "Don't worry about it, it's only procedure" response from ISP. I find this very unsettling as there is a profound difference between actively seeking treatment and receiving it against my will. I feel like I have done all I could without seeking legal counsel, as this seems like I am being set up for failure and denial of my appeal. Does anyone know of an attorney familiar with the appeals process? I am prepared to do all that I can to reclaim my firearm rights. Thank you all again

[InterestedBystander]

they told me that state legislature changed, in which any stay in a treatment clincic, voluntary or involuntary, would be documented as uimvoluntary

I am not completely sure of the current legal definition as written but do know there have been some new bill(s) submitted and discussed within the last couple of months that would modify the definition of a patient for FOID purposes but those have not passed nor been enacted into law. IIRC they got out of committee but that is it.

 

Depending on whom you talked to at the ISP, information may not always be 100% accurate.

 

Hopefully someone else will come along with more definitive info on this.

Edited May 7, 2018 at 12:04 PM by InterestedBystander

[Glock23]

Thank you all for your advice. The "involuntarilly committed" label shocked me but what was most disturbing was when I contacted ISP to rectify the situation, they told me that state legislature changed, in which any stay in a treatment clincic, voluntary or involuntary, would be documented as uimvoluntary. Of course, I received the "Don't worry about it, it's only procedure" response from ISP. I find this very unsettling as there is a profound difference between actively seeking treatment and receiving it against my will. I feel like I have done all I could without seeking legal counsel, as this seems like I am being set up for failure and denial of my appeal. Does anyone know of an attorney familiar with the appeals process? I am prepared to do all that I can to reclaim my firearm rights. Thank you all again

If it's true that they label any admission as involuntary, that'll likely be a hurdle that will require a lawyer to jump over and rectify.

 

That being said (and as Gamma already pointed out), even a voluntary in-patient admission disqualifies you from owning firearms for 5 years.

 

Just a heads up that you may be wasting a lot of time and money come September if it will have only been a year.

 

It's possible to win an appeal, but in this case the ISP has written law on their side if they choose to fight it.

 

Edited May 7, 2018 at 12:36 PM by Glock23