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Foid Revoked for no reason. Help.


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I just got a letter today saying that my foid card has been revoked due to being convicted of a crime punishable by imprisonment for a term exceeding one year and person convicted of a felony (possession of methamphetamine).

Now I am sure this is mistaken identity because I have never been to prison and I certainly do not do meth. I am unsure on how to proceed with getting this cleared up.

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I suggest you immediately request a hearing with the Director of the Illinois State Police. Include a cover letter marked 'URGENT FOID Revoked - Mistaken Identity" include your full legal name, date of birth, FOID number, driver's license number addresses for the past 10 years, contact info, and a copy of the letter you received. Mail the packet to the ISP director using a mail service that will give you a signed receipt of delivery. Keep a complete set for your records.

 

 

 

Sec. 10. Appeal to director; hearing; relief from firearm prohibitions.

  1. Whenever an application for a Firearm Owner's Identification Card is denied, whenever the Department fails to act on an application within 30 days of its receipt, or whenever such a Card is revoked or seized as provided for in Section 8 of this Act, the aggrieved party may appeal to the Director of State Police for a hearing upon such denial, revocation or seizure,

 

If you are granted a hearing, which is usually a meeting with an administrative judge appointed by the ISP, you may be able to do that as a teleconference or may need to travel to Springfield. You can have an attorney with you, if you think you need one. However, due to covid-19, the director is basically addressing these without having to meet in person.

 

Send this all via a mail service that will provide you with a signed receipt of delivery to:

 

Director Brendan Kelly

Illinois State Police

801 S. 7th Street

Springfield, IL 62703

 

Please keep me posted on your progress.

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The fact this can happen and result in a right denied by ISP mistake, a mistake that requires you to prove your innocence in a drawn out process is deplorable! This should be something that can be cleared up with a phone call to establish identity and be over!

 

Reminds me of a silly thought of...'Innocent until proven guilty'.....

<Oops! We 'think' this may be the guy...proof? Pffft...Release the Hounds!!>

Does this not apply to existing granting of firearm 'privileges from the crown'?

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Out of curiousity, did you do anything to recently trigger a "fresh" BG check/inquiry e.g FOID renewal, CCL app/renewal? Or I suppose the nightly records check could have triggered something. Several databases that could also have had bad data entered or poor research on the part of the FSB tech I suppose... Regardless, Molly has given you the path to proceed.

 

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Edited by InterestedBystander
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The fact this can happen and result in a right denied by ISP mistake, a mistake that requires you to prove your innocence in a drawn out process is deplorable! This should be something that can be cleared up with a phone call to establish identity and be over!

 

Yes, it should be.

 

No, it shouldn't be. It shouldn't be possible for this to happen at all without proper notice and a chance to be heard (preferably both informally and formally) BEFORE it's revoked.

 

AFAIC this should be a critical legislative priority. If we're not going to get rid of the system, the system has to treat people fairly and with due process.

Edited by Gamma
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Out of curiousity, did you do anything to recently trigger a "fresh" BG check/inquiry e.g FOID renewal, CCL app/renewal? Or I suppose the nightly records check could have triggered something. Several databases that could also have had bad data entered or poor research on the part of the FSB tech I suppose... Regardless, Molly has given you the path to proceed.

 

attachicon.gifFOID Lifecycle Chart.pdf_Page_0.jpg

No, I have not done anything this past year that would result in a BG check being done.

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OP, good luck with this. Molly is well-regarded here, and she will do her best not to lead you astray. There are others here that can help as well. (Not me, I'm just an innocent bystander here.)

 

I'm sure I speak for everyone when I say we want to know how this could happen in the first place, but our nosiness concern doesn't take precedence over your problem. You might want to refrain from further public updates until you get a resolution.

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In addition to the appeals suggestion above, you should immediately obtain copies of your credit reports (you're entitled to a free one once per year) and do everything else you can to make sure your identity has not been stolen by some miscreant. If it has, you have worse problems to resolve than a revoked FOID, and the revoked FOID could in fact be your first indication of this.

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In addition to the appeals suggestion above, you should immediately obtain copies of your credit reports (you're entitled to a free one once per year) and do everything else you can to make sure your identity has not been stolen by some miscreant. If it has, you have worse problems to resolve than a revoked FOID, and the revoked FOID could in fact be your first indication of this.

This is an interesting (and scary) view. Let's hope this doesn't turn out to be true.

Good luck Mr. Technical.

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  • 5 weeks later...

So after faxing over a few forms and with the help of Molly B, I have officially had my rights reinstated and my FOID card mailed back to me. They called and said that they looked into the issue and said that it was in fact a mistake on their part. It only took about a month or two for all of this to be corrected and now everything is back to normal.

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So after faxing over a few forms and with the help of Molly B, I have officially had my rights reinstated and my FOID card mailed back to me. They called and said that they looked into the issue and said that it was in fact a mistake on their part. It only took about a month or two for all of this to be corrected and now everything is back to normal.

Gold to hear. Molly is truly a treasure.

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The fact this can happen and result in a right denied by ISP mistake, a mistake that requires you to prove your innocence in a drawn out process is deplorable! This should be something that can be cleared up with a phone call to establish identity and be over!

 

Yes, it should be.

 

If we are going to be dreamers and talk about the way things should be, there shouldn't even be a FOID.

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If we are going to be dreamers and talk about the way things should be, there shouldn't even be a FOID.

 

 

Very true, but the truth remains a case of mistaken identity should not deprive someone of any right without proof of due process! Proving to the government that you are a victim of mistaken identity that is denying you a right should never be a drawn out process, it should for all intents be something that is expediated to being resolved in hour or days not a drawn out process that takes weeks, months or sadly years while you are denied the right.

 

I know someone that after decades of having a FOID, was all the sudden refused on a renewal as the ISP suddenly saw that he was 'arrested' for a crime 30+ years ago, he had to prove that arrest didn't lead to a conviction by getting copies of the court paperwork before they would restore his FOID, that simply isn't right on any level, especially since there was no record of a conviction they based the denial entirely on the 30+ year old 'arrest'

Edited by Flynn
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  • 4 months later...

I have been waiting for 8+ months for my FOID that was a case of Mistaken Identity. Apparently the Feds identify people's criminal records by Last Name , First Name, Birth Date. I have a common US John Doe name, and have had a problem with another John Doe with same identifiers. I hired an attorney because I did not respond quickly to the original ISP revocation notice. My mistake, I admit.

 

Per attorney, the other John Doe has quite a criminal record/mental health record. Peoria PD pulled me over a few years back, as IL had me confused with the other John Doe. I thought that the error had been corrected. Obviously not. Just an example of bad government planning when they set up the criminal database and Search criteria.

 

Mistaken Identity did happen to me. So, it could be considered as a possible reason for FOID Revocation by others also.

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