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Not getting FOID approval by 30-day deadline


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Or we could get rid of Illinois FOID and rely on the Federal checks in place, and the problem would be solved. . .

 

 

 

 

It's not a lawsuit, it's an appeal of a judge's ruling but there is a challenge to the FOID card in the courts. Just waiting to see how the IL Supreme Court rules. I can't find any links to the case, I just know about it.

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I don't really care about FSB's manpower problems. ISP is mandated to make this deadline and fails to do so. They could issue temporary FOIDs as they complete the check, streamline the process, contract it out, or any of dozens of possibilities to meet the deadline.

 

If this were about something minor we could let it slide, but this is -- as others have no doubt ranted before -- and infringement on a Constitutional right. I've got a squeaky clean background, high-level clearance, etc. Perfect for a lawsuit to challenge this nonsense.

 

I think some have tried. previously it was 30 days not its 60 days, you would have to wait to file suit till after the 60 day mark. The courts go so slow that when you finally get a date 4 months later, your FOID has been issued and the case is now moot. Now if an organization or lawyer was able to do file a class action based on infringement or undue stress by not getting your FOID in time, that would stick around and make it to court. No one wants to foot the bill for that court battle. So in the mean time, the ISP are in a position that they can disregard the time frame with out punishment.

 

A bill needs t be brought forward that if the ISP goes over said time frame, the card cost should be refunded to the person. This, in my own 2cents, would be the best way forward to ensure the time frame is met. But a bill like that wouldn't get anywhere in this state either.

 

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So if no one organization is willing to fund the suit, what if we all pass the hat and chip in and do it ourselves ?

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So if no one organization is willing to fund the suit, what if we all pass the hat and chip in and do it ourselves ?

 

 

See above: It's not a lawsuit, it's an appeal of a judge's ruling but there is a challenge to the FOID card in the courts. Just waiting to see how the IL Supreme Court rules. I can't find any links to the case, I just know about it. A misdemeanor charge of not having a valid FOID card but eligible for one - was dismissed by a judge based on the FOID requirement being unconstitutional. Waiting on IL Supreme court to rule.

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Yes, if you apply for renewal of your FOID prior to it's expiration date, and you are not subject to revocation. So, it remains valid, your FCCL is also valid. The law:

 

( b. Renewal applications shall be approved or denied within 60 business days, provided the applicant submitted his or her renewal application prior to the expiration of his or her Firearm Owner's Identification Card. If a renewal application has been submitted prior to the expiration date of the applicant's Firearm Owner's Identification Card, the Firearm Owner's Identification Card shall remain valid while the Department processes the application, unless the person is subject to or becomes subject to revocation under this Act. The cost for a renewal application shall be $10 which shall be deposited into the State Police Firearm Services Fund.

(Source: P.A. 100-906, eff. 1-1-19.)

Thanks for this. I see it's under 65/5.

 

I was looking under 65/13.2 which is labeled Renewal and that language isn't the same. My mistake.

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I think some have tried. previously it was 30 days not its 60 days, you would have to wait to file suit till after the 60 day mark.

 

 

It is still 30 days for new FOIDs, They have 60 days for renewals and FOID remains active during that time.

 

 

Please read this!!!! Molly has posted this info twice, I've posted the renewal info once. Read the law and understand it!!!! Thank You!

 

(430 ILCS 65/5) (from Ch. 38, par. 83-5)

Sec. 5. Application and renewal.

(a) The Department of State Police shall either approve or deny all applications within 30 days from the date they are received, except as provided in subsection ( b. of this Section, and every applicant found qualified under Section 8 of this Act by the Department shall be entitled to a Firearm Owner's Identification Card upon the payment of a $10 fee. Any applicant who is an active duty member of the Armed Forces of the United States, a member of the Illinois National Guard, or a member of the Reserve Forces of the United States is exempt from the application fee. $6 of each fee derived from the issuance of Firearm Owner's Identification Cards, or renewals thereof, shall be deposited in the Wildlife and Fish Fund in the State Treasury; $1 of the fee shall be deposited in the State Police Services Fund and $3 of the fee shall be deposited in the State Police Firearm Services Fund.

( b. Renewal applications shall be approved or denied within 60 business days, provided the applicant submitted his or her renewal application prior to the expiration of his or her Firearm Owner's Identification Card. If a renewal application has been submitted prior to the expiration date of the applicant's Firearm Owner's Identification Card, the Firearm Owner's Identification Card shall remain valid while the Department processes the application, unless the person is subject to or becomes subject to revocation under this Act. The cost for a renewal application shall be $10 which shall be deposited into the State Police Firearm Services Fund.

(Source: P.A. 100-906, eff. 1-1-19.)

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I know the 30 vs 60, the being active during renewal was a new one i didn't know about, my bad on that one. I was only answering on the question as to why no one has sued the ISP for going over the time frame, i just used the 60 from renewal in my example.

 

ETA: i edited previous post to clarify.

Edited by Hatchet
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Question, I have seen on other threads where people are talking about using inspect element on the status so I did that on my application status and this is what I get:

<span class="APPROVED">Under Review</span>

Does this mean it is approved and they are sitting on it or what?

I applied on 1/17/19 so the 30 days is not up quite yet but will be this Sunday.

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Day 31 and still "Under Review." This is ridiculous! How long does it take to check the answers on a form and run a NICS check HMMM.

They are supposedly understaffed. It would be interesting to know what the numbers are. Plus they do more than just a NICS check running through other databases iirc. (not that it explains or justifies the delayed wait)
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So if no one organization is willing to fund the suit, what if we all pass the hat and chip in and do it ourselves ?

 

 

See above: It's not a lawsuit, it's an appeal of a judge's ruling but there is a challenge to the FOID card in the courts. Just waiting to see how the IL Supreme Court rules. I can't find any links to the case, I just know about it. A misdemeanor charge of not having a valid FOID card but eligible for one - was dismissed by a judge based on the FOID requirement being unconstitutional. Waiting on IL Supreme court to rule.

 

 

Any more info pertaining to that case?

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My FOID renewal took about 5 weeks, and my CCL renewal is still running after 1-2-2019 application date.

 

I also called the ISP Directors office when my supposedly free to active duty FOID application still charged me $10 no matter what I did. The gentleman that answered the line told me "No problem, we will make sure you get your fee refunded". Nothing yet.

 

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My g/f has been "Under Review" for the last year. She, along with out two kids, submitted FOID applications last February, my kids had theirs with about 30 or 35 days. I got my card in 2014, and got that within the 30 days. Her application has been in "Under Review". I cannot get an explanation as to why. it is taking so long. I am going to write my local Illinois Rep, but, honestly, since i don't trust a single Illinois politician to do anything for their constituents, I figure I will be wasting paper and postage. Can't seem to find email addresses for them either.

 

I have read quite a few posts in this thread where people were delayed 50 or 60 days. How does one explain a year? Does anyone have any idea why this is? Thank you.

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  • 2 weeks later...
  • 3 weeks later...

Last FOID renewal took 65 days. We can't hold them to the 30 day limit. There's no penalty for breaking it and filing legal action (petition for a writ of mandamus) would eventually result in issuance of the FOID (after they drag their feet and rack up your legal expenses), so you'd have the action dismissed for lack of standing. They're untouchable. There needs to be teeth behind the "shall" issue in 30 days. Or, like, the FOID declared unconstitutional.

 

I spent more time under review for my CCL renewal than when I first applied in 2014. And I screwed up and answered "yes" (because of the way it was phrased, "ever" not "in the 5 years preceding...") to a statutory disqualifier question the first time, had to coordinate with my rep and ISP legal to alter an affidavit saying I erroneously answered yes to a question I would have answered "no" on.

 

Sent from my VS987 using Tapatalk

 

 

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