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FOID card revoked due to court supervision for misdemeanor traffic violation


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I am currently on court supervision for a traffic violation. My initial court supervision did say that I was unable to possess firearms during my supervision period.(did not realize this until I got home and read it) My attorney made a motion to strike that part of the supervision which was granted. I attempted to purchase a new gun and was denied by NICS check. A few days later to my surprise I checked the mail and my foid card had been revoked. You would think if the state police can see you are on court supervision, they can also see that your motion to own firearms has been granted. Apparently that is not the case. I have made an appeal. Any idea on how long it will take them to process? It couldn't be any clearer for them to see I am not restricted in anyway.
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Im surprised that a traffic violation gets this real!

How long AFTER the initial court stating you couldn’t have or posses firearms did the lawyer file and win the change?

What County?

 

This matters as Crook County is notorious for getting stuff like this moved fast.

They hate firearms owners!

 

Good luck with the appeal, some here have horror stories posted.

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It was actually the generic court supervision paperwork. One of the guidelines on the court supervision was to "not possess firearms or dangerous weapons" along those lines. I did not realize that initially when I agreed to do the court supervision to keep my driving record clean. I immediately had my lawyer file a motion to strike that part of the supervision. It was granted, which was great because I am an avid hunter. The motion was granted about 7 months ago. No problems until I tried to buy a new gun for turkey season.
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Im surprised that a traffic violation gets this real!

How long AFTER the initial court stating you couldn’t have or posses firearms did the lawyer file and win the change?

What County?

This matters as Crook County is notorious for getting stuff like this moved fast.

They hate firearms owners!

Good luck with the appeal, some here have horror stories posted.

Initial court supervision started August 15, amended the supervision September 5th.

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I spent 4 days at central DuPage hospital for depression.Two days later my foid was revoked.That was 2013.I waited 5 years,jumped through all the hoops.spent $1000 for an evaluation & was told by the evaluator that I should get a reply in 90 days.Then I hear 3 to 6 months.Its been going on 9 months now.e-mails,calls.on & on.With todays goings on in Springfield , who knows.Look at all the things that are being proposed.Im sure this isn't by accident.What to do ?I don't have any answers.This is the right place to come for help.There are many of us in the same boat,for different reasons.Good luck !

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It could take up to a year or more for them to process your appeal. I would have your attorney to immediately send them a notice via certified mail with certified copy of judge's amendment.

I've done this already myself. Would there be any advantage of having my lawyer send it? This was in Marion county. Southern Illinois.

If you have already done this, I would go back to the judge and let him know the ISP has not reinstated your FOID and ask for an order compelling ISP to comply immediately.

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It was actually the generic court supervision paperwork.

If true, that sounds like a reason to pressure the county to change the generic paperwork.

 

Usually "supervision" lasts only a few months (like 3 or 6) for traffic violations. If the FOID appeal takes longer than the supervision, it might be faster just to get a new FOID after the supervision expires.

 

I've never gone though supervision myself, but I once knew a woman who never seemed to be able to stop getting caught for speeding. She chose supervision every time, because the tickets didn't get reported to her insurance company that way.

Edited by Euler
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It could take up to a year or more for them to process your appeal. I would have your attorney to immediately send them a notice via certified mail with certified copy of judge's amendment.

I've done this already myself. Would there be any advantage of having my lawyer send it? This was in Marion county. Southern Illinois.

If you have already done this, I would go back to the judge and let him know the ISP has not reinstated your FOID and ask for an order compelling ISP to comply immediately.

Ok do I need to return to my lawyer to do this? Or is this something I can do on my own and save some money?

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Reckless driving. The violation didn't hinder my rights to own guns. The court supervision that I agreed to, did. I have been on court supervision for other traffic offenses and this was never a problem. The court supervision I got for speeding tickets was usually 3-6 months. The reckless driving supervision is 24 months. But it beats a huge hike in insurance costs.
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That doesn't make any sense. So if I get a speeding ticket and agree to supervision I would lose my FOID card and CCL???? This cant be happening.can it?

reckless driving is a class A misdemeanor in Illinois

 

A regular speeding ticket is not even close to reckless driving unless a person speeds in excess of 35 mph over the limit

 

reckless is similar to being caught street racing / drag racing

Edited by Warped
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The motion was granted about 7 months ago. No problems until I tried to buy a new gun for turkey season.

It sounds like the ISP yanked your FOID but didn't ask for you to surrender your firearms, is that correct?

 

Sent from my SM-G955U using Tapatalk

They didn't ask me to do anything until I tried to buy the new gun in march. My foid was intact for approx 6 months while being on supervision. It's like the only reason the ISP revoked my foid because the NICS check notified them that I was on supervision.(even though the motion was already granted stating that I am able to own firearms) That's when the foid was revoked, and they did send a firearms disposition which I completed and turned into local law enforcement.

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I am not sure why they can't see that motion for me to own firearms was granted, if they can see that I'm on court supervision?

Unfortunately they only see what they want to see. Is there a law that says they can do this and where does the ISP findd the authority to deny people of their 2nd amendment rights for misdemeanor traffic offenses or are they doing whatever they want?

 

Big reason for FOID to go and was found by a court recently to be unconstitutional. The law says you have to have been found guilty of a felony. Is Illinois reporting traffic offenses to NICS too now? Looks like any excuse they can find to deny people their 2nd Amendment rights.

 

Whatever the traffic offense was it's not an excuse to take away people's Constitutional rights. Nobody goes 55 mph anymore and the speed limit is too low for cars today and creates traffic congestion and from the oil embargo of the 70's and is left low artificially to generate revenue. The over the limit range was lowered a couple years ago in Illinois and the offense increased to crimes class A and B misdemeanors so attorneys can make more money. So speeding according to our legislators is the same as aggravated assault, battery, domestic battery and criminal sexual abuse. Most people driving have been turned into criminals by our legislature and can be easily tripped up and ripped off and now apparently they can loose their 2nd Amendment rights too.

 

Thank you for posting this and it is a wake up call for a lot of people. OP what options did you have if you found out before agreeing to it and what was the offense and the penalties? If you don't mind were you racing or speeding and by how much? Does the 24 month supervision have the same prohibition for the whole state of Illinois or just your county?

 

Form 4473 question 11c says:

11.c

Have you ever been convicted in any court of a felony, or any other crime for which the judge could have imprisoned you for more than one year, even if you received a shorter sentence including probation?

 

(See Instructions for Question 11.c.)

Question 11.b. - 12.

Generally, 18 U.S.C. 922(g) prohibits the shipment,

transportation, receipt, or possession in or affecting interstate commerce of a firearm

by one who: has been convicted of a felony in any Federal, State or local court, or

any other crime, punishable by imprisonment for a term exceeding one year

 

(this does

not include State misdemeanors punishable by imprisonment of two years or less)

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The maximum punishment was UP TO ONE YEAR

(not exceeding) in jail and $2500 fine. By the time it was all said and done my fines were $3300 including the cost of court supervision. The only reason I wanted the court supervision was to maintain a clean driving record and not let my insurance companies claim that I was high risk and sky rocket my insurance. Never been convicted of any other crimes with the exception of minor traffic tickets including speeding, seat belt, etc. Keep in mind I hadn't had a ticket in almost a decade. I think what gave them the power to revoke my foid card was the court order stating that I not possess firearms during that period. Which was ONLY INITIAL, my lawyer had that order rescinded ASAP. The DA and the judge did not have any problems doing so, since the crime was non violent in nature. What really irks me is they revoked my foid after I had the motion filed for months on record. The only reason it came to their attention was the attempt to purchase a new fiream legally.

Edited by SoIllJosh
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The thought of them taking up to one year to review my appeal just blows my mind. I do not want to miss next year's hunting season over a traffic violation. Was it stupid, yes. Do I deserve to lose my gun rights, no. Lesson learned, check. Does my butt still hurt after forking over the cash, yes very much so.

Im curious about the make up of the current review board. Before, all members were appointed by Rauner and had their term expire in January. Is there a new board or is the old board still acting while awaiting new appointments? Are they meeting the same as when under Rauner? Not sure anyone knows.

 

https://www2.illinois.gov/sites/bac/SitePages/AppointmentsDetail.aspx?BCID=739

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Im curious about the make up of the current review board. Before, all members were appointed by Rauner and had their term expire in January. Is there a new board or is the old board still acting while awaiting new appointments? Are they meeting the same as when under Rauner? Not sure anyone knows.

 

https://www2.illinois.gov/sites/bac/SitePages/AppointmentsDetail.aspx?BCID=739

Ordinarily, I'd suspect that the board appointments are empty, but Jeremy Margolis' bio on his law firm's site lists him as current chair of the review board. That doesn't necessarily mean that they're meeting and reviewing anything, though.

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Im curious about the make up of the current review board. Before, all members were appointed by Rauner and had their term expire in January. Is there a new board or is the old board still acting while awaiting new appointments? Are they meeting the same as when under Rauner? Not sure anyone knows.https://www2.illinois.gov/sites/bac/SitePages/AppointmentsDetail.aspx?BCID=739

Ordinarily, I'd suspect that the board appointments are empty, but Jeremy Margolis' bio on his law firm's site lists him as current chair of the review board. That doesn't necessarily mean that they're meeting and reviewing anything, though.
Rauners board make up was 4 R's, 2 D's and 1 Independent. Care to bet that changes with JBP appoinments?
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