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FOID Card Revoked, Seeking Advice on Appeal


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In March of this year I voluntarily admitted myself to an inpatient facility for mental health reasons (anxiety/depression). A couple of weeks after I was discharged, I received a letter from ISP informing me that my FOID card was revoked for due to my hospital stay. It additionally stated that it was revoked due to me possible being a danger to myself and to others, though this is a completely false assessment. I've never had any medical professional ever state that I was a danger to myself or to others.

 

I am wondering what can be done about this situation. I surrendered my FOID and filed the firearms disposition (gave my firearms to a close friend until this gets resolved).

 

I have yet to appeal this and am seeking guidance on the best way to do so. I am assuming since this is within the 5-year window that I will likely be denied but I do want to start figuring out how I can at least get my FOID back someday. I do not have a criminal record or anything else that would prohibit me from having a FOID.

 

Please help!

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Sec. 8. Grounds for denial and revocation. ...

 

 

(e) A person who has been a patient of a mental health facility within the past 5 years ...

 

"Patient" includes both in-patient and out-patient, both voluntary and involuntary.

 

IMO it's a stupidly broad law that really just discourages people from seeking treatment. Most people who seek mental health treatment are not a danger to anyone, even themselves.

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On 7/20/2021 at 11:51 AM, AJ West said:

 

I have yet to appeal this and am seeking guidance on the best way to do so. I am assuming since this is within the 5-year window that I will likely be denied but I do want to start figuring out how I can at least get my FOID back someday. I do not have a criminal record or anything else that would prohibit me from having a FOID.

 

Please help!

Don't necessarily assume an appeal will be denied. There is a process for those who have received mental health treatment within the past 5 years.

 

Go to this link for a checklist and instructions for this type of appeal:

 

https://isp.illinois.gov/StaticFiles/docs/FirearmsSafety/Checklists/Final Checklists/MH Less Than 5 Yr Prohibitor Requirements Checklist.pdf

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Thanks everyone for their responses and thank you Molly for the incredibly useful links. I have started work on gathering all of the necessary documents/information to submit a request for an appeal.

 

Does anyone have any advice or pointers regarding answering the required questions for the appeal? I just want to make sure the questions I answer are done so in the most thorough way possible so that I give this the best possible chance.

 

Also, do I submit all of the required documents all at once? I assume yes, but just want to be sure.

 

Any additional help/advice/pointers from those who have experience submitting this type of an appeal would be greatly appreciated.

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Additionally, can anyone speak to the general success rate of appeals related to mental health? I am curious to know if there is any data or even anecdotal information on this. From what I read, I understand the process can be lengthy (even beyond the 30 days that ISP has to respond), which is not a problem. I am more concerned with my chances for success.

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Just a thought.I went through this in 2013.Did you read all the paperwork when you signed into the facility ?Do you have copies of what you signed?Sounds like your doctor or the facility sent in a report.Just like everything else in life.If you dont read "ALL" the fine print it will come back to you.I was only in(my choice) for 4 days and got my notice of foid revocation two days later.There seem to be people on a quest to get foid cards.I wish you the best,but I personally spent thousands & went every route possible trying to get my foid returned.I never got anywhere.I moved out of state in 2020.Maybe things have changed,I dont know.After being a "good scout" all my life,serving 6 years in the Marines(13 months in the nam) and never having any problems with the law.You can imagine how I felt about the state doing this to me.If I am right.Illinois and Hawaii are the only to states that go to this extreme with mental issues.Good luck !

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