nbartlet Posted March 3, 2021 at 08:40 PM Share Posted March 3, 2021 at 08:40 PM Hello, I am here again looking for information on how to get my rights restored in Illinois. Molly graciously helped me with some good information back in 2017/18 before I moved out of state. Unfortunately, I took up residence in another state before I was able to complete this process. Also, I was told by the Pardons and Parole board in my new state (Georgia), that they could grant me restoration of gun rights after I was a resident here for 1 year. I have applied for that restoration and am awaiting a response, but I just spoke with an attorney in GA that has advised me that even if this state grants me those rights, it would remain a federal offense for me to possess a firearm because the federal ban would not be lifted, and can only be lifted from the state where my convictions occurred (llinois). Several hurdles now exist:My last FOID denial was several years ago. I believe in 2017. I'm under the impression that I must appeal within 35 days of that denial. I don't even know if you can reapply after the 35 day period, or if that decision now becomes final. ( Fuller v. Department of State Police, 2019 IL App (1st) 173148) But also, I cannot reapply for a FOID because I am no longer a resident of Illinois and, I cannot petition the court in the county that I live in, because again, I no longer reside in any county in Illinois. On my last denial, I was told that because my felony convictions were forcible felonies, I had to petition the circuit court. There may have been a letter form ISP, but I would no longer have that letter. What I believe happened though, is that I got tired of waiting and called and spoke to someone at ISP in Springfield and they gave me that information over the phone. I am seriously thinking of taking up residency in Illinois again. Not necessarily moving my whole family back, but if I need to rent an apartment or live with someone for a certain amount of time, so that I can get an Illinois drivers license and reapply for my FOID, I will do so. My questions are.If I re-establish residency in Illinois. Should I reapply for a FOID and wait for the inevitable denial? Or simply petition the court? Will I need to have applied for Clemency from the Governor? I've read where the States Attorney has filed a motions to dismiss because all other options weren't exhausted if someone hadn't applied for clemency. Does any of this stuff sound like I might have a remote chance of success? I honestly don't understand why the law (ILCS 430) states that 20 years after having completed sentence imposed that this isn't just automatic. Link to comment Share on other sites More sharing options...
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