Penumbra1811 Posted January 27, 2019 at 01:33 PM Share Posted January 27, 2019 at 01:33 PM Just wondering if anyone has sued or tried to sue the ISP to get there Foid card with a felony? If so what happened? Link to comment Share on other sites More sharing options...
Glock23 Posted January 27, 2019 at 02:34 PM Share Posted January 27, 2019 at 02:34 PM State laws aside, firearm prohibitions due to felonies is a federal law, so it would be pointless to sue the ISP. Link to comment Share on other sites More sharing options...
Penumbra1811 Posted January 27, 2019 at 06:35 PM Author Share Posted January 27, 2019 at 06:35 PM Just wondering because the attorney I have wants to do that. He is basically doing it because they are taking to long on my appeal and says that I could get my Foid because of the time it's been since my non violent crime over twenty years ago. Also he said he wants to get their feathers ruffled to get them on it. Link to comment Share on other sites More sharing options...
Derrick99 Posted January 27, 2019 at 07:03 PM Share Posted January 27, 2019 at 07:03 PM I will be more than happy to join in I have my felony expunged and a pardon I still havent heard anything back from them Its been almost a 11 months Link to comment Share on other sites More sharing options...
Penumbra1811 Posted January 27, 2019 at 07:10 PM Author Share Posted January 27, 2019 at 07:10 PM Been over a year for me. Link to comment Share on other sites More sharing options...
tbrooks Posted January 28, 2019 at 06:06 PM Share Posted January 28, 2019 at 06:06 PM I would think that without the felony being over turned or "erased" somehow, they won't issue. Link to comment Share on other sites More sharing options...
Molly B. Posted January 31, 2019 at 01:54 PM Share Posted January 31, 2019 at 01:54 PM The ISP appeal process provides for appealing FOID revocation/denials due to felony convictions. Must have a clean record for 20 years if conviction was for violent felony, 10 years for non-violent. This applies to state felonies, not federal felonies. Link to comment Share on other sites More sharing options...
Penumbra1811 Posted January 31, 2019 at 02:59 PM Author Share Posted January 31, 2019 at 02:59 PM Molly B. I still haven't heard from ISP since your inquiry with them and it's been a month. I keep checking the ISP website but still says "denied." Link to comment Share on other sites More sharing options...
SDF678 Posted January 31, 2019 at 06:06 PM Share Posted January 31, 2019 at 06:06 PM Glock23 could you please expand on your comment. Are you saying that if a person has ever been convicted of a felony that they will not be issued a FOID? Link to comment Share on other sites More sharing options...
Glock23 Posted February 1, 2019 at 01:22 AM Share Posted February 1, 2019 at 01:22 AM Glock23 could you please expand on your comment. Are you saying that if a person has ever been convicted of a felony that they will not be issued a FOID?Nope, as Molly pointed out, there is an appeals process. I was just answering based on the lack of info in the original post. Link to comment Share on other sites More sharing options...
psygnal11 Posted February 6, 2019 at 06:56 PM Share Posted February 6, 2019 at 06:56 PM Just wondering because the attorney I have wants to do that. He is basically doing it because they are taking to long on my appeal and says that I could get my Foid because of the time it's been since my non violent crime over twenty years ago. Also he said he wants to get their feathers ruffled to get them on it. An attorney is supposed to follow what the client wants to do; the client should never follow what the attorney wants to do. That being said, an attorney will certainly make recommendations to the client, but ultimately, it is the client who makes the decision on how the attorney should proceed (however, the attorney may withdraw if the client is being ridiculous). The only time an attorney should ever make a decision for the client is if the client is incapacitated or otherwise incapable of making a sound decision on his/her own... and frankly, in neither of these circumstances should the client be obtaining a FOID. Without getting caught up in semantics, perhaps your attorney was suggesting that you sue ISP... however, if your attorney actually mentioned to you that he wants to see "feathers ruffled," it's a clear indicator that he is placing his own agenda ahead of the merits of the case. It is possible that you have a legitimate claim against ISP and pursuing action is the prudent thing to do; however, your current attorney has already tipped his hand, and now it's virtually impossible for you to tell if he is recommending going after ISP solely because he honestly believes it's in your best interests. The last thing you want to do is engage an attorney who wants to pursue a personal vendetta against ISP or make a name for himself at your expense. So unless he's taking the case pro bono, get a new attorney; otherwise, at least get a second opinion from another attorney who has no personal emotion for ISP. Link to comment Share on other sites More sharing options...
DD123 Posted February 6, 2019 at 09:10 PM Share Posted February 6, 2019 at 09:10 PM (edited) Just keep in mind, attorneys work on billable hours. Before long people realize that they're being taken on a wild goose chase that the attorney knew would be exactly that. Meanwhile they're just racking up the billable hours on you. I'd seek another opinion before you start paying off your attorney's mortgage. The minute your attorney on retainer picks up the phone to talk to you, they're starting the clock billing you for their time. Edited February 6, 2019 at 09:10 PM by DD123 Link to comment Share on other sites More sharing options...
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