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ISP is revoking for OLD clear & present danger reports (hundreds, possibly thousands)


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On 9/16/2022 at 12:07 PM, mab22 said:

What’s the timeframe to get clarification on why your rights are being denied?

 

I don't think there's any legal standard that the government ever has to tell anyone. These revocations are executive civil administrative actions.

 

If they were arrests, convictions, adjudications, or other criminal or judicial actions, there would be plenty of standards and binding precedent.

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On 9/16/2022 at 11:33 AM, Euler said:

 

I don't think there's any legal standard that the government ever has to tell anyone. These revocations are executive civil administrative actions.

 

If they were arrests, convictions, adjudications, or other criminal or judicial actions, there would be plenty of standards and binding precedent.

Considering that and After reading about an appeal to the ISP that the ISP appoints an administrative judge, don’t even get to go to a real court, this state is treating it as a privilege, all codified in the FOID which people seem to be okay with. 

 

 

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On 9/23/2022 at 7:53 PM, MHR89 said:

@FredNicklhave you heard any more news from ISP Counsel on revocations?   Seems they have told people to stand by as they look into potential errors or more clarity, but people are still left in the dark.    

Yes, they developed a form that you can request which will give you the date (or at least the month and year) and the reporting entity. This should allow you to zero in on the event that triggered the C&PD report.

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On 9/26/2022 at 9:01 AM, FredNickl said:

Yes, they developed a form that you can request which will give you the date (or at least the month and year) and the reporting entity. This should allow you to zero in on the event that triggered the C&PD report.

Do you get the report with the why, and what triggered it, or just a date and entity for you to try and recall?
 

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On 9/26/2022 at 2:28 PM, MHR89 said:

I show my FOID as ACTIVE in the ISFPB portal when it has been reporting REVOKED.  I guess a correction is being made.  So how do I get my surrendered firearms back?   What a cluster!

 

On 9/26/2022 at 3:35 PM, spanishjames said:

Who'd you surrender your guns to?

 

I'd presume he surrendered them to his local PD.

 

IANAL, but I believe you need to request that the police return them. Did they give you a receipt when you surrendered them? Start there. Ask nicely.

 

If a verbal request doesn't work, you probably need to request the return in writing, like a certified letter. They may choose to ignore a letter from you. You may need to get a lawyer to send it for them to take it seriously.

 

If that doesn't work, you'll need to get a court to order them to return the firearms.

 

If you do nothing, you run the risk of the police declaring them abandoned and destroying them.

 

For future reference, when someone gets their FOID revoked, they don't need to dispossess themselves of their firearms to the cops. They just need to dispossess themselves of their firearms, which can be to a friend or family member (or their lawyer, if they have one).

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On 9/27/2022 at 8:01 AM, grainderson said:

That's an issue for me as well, my LGS charges $30 a month for storage and only god knows how long it'll need to stay there.

 

How long of a grace period did they give you until you needed to dispossess?

 

 

48 hrs 

 

On 9/27/2022 at 8:05 AM, grainderson said:

How do they serve the revocation notice? Assuming they need to certify you actually received it.

 Mail / correspondence on ISPFSB portal

 

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On 9/27/2022 at 6:01 AM, grainderson said:

That's an issue for me as well, my LGS charges $30 a month for storage and only god knows how long it'll need to stay there.

 

How long of a grace period did they give you until you needed to dispossess?

 

 

 

Why not store the guns in an out-of-state bank safe deposit box?     

Does a revoked FOID due to CPD make one a prohibited possessor on the Federal Level?   If not, this can be done. 

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On 9/28/2022 at 9:08 PM, Euler said:

 

Just a random afterthought, but it seems a little bizarre that you could have asked unknown people and that would have been more trustworthy than relying on the police.

I guess so, but asking unknown people doesn't seem very wise either. 

 

I suppose its a lose-lose, and FFL was probably the right approach, but the lack of information from ISP was what created such a challenge.   ISP has told me just to go over and pick my guns up now.  Seems they are wrong as Chicago PD is stating my firearms will be in "forensics" until they get sent to Evidence and Recovered Property Section.   

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On 10/1/2022 at 9:55 PM, mab22 said:

Have there been any details with regards to the CPD filings, as to where they were coming from and the reasons?
Not looking “exact specific details” just some clues about tho who filed them and kinda why. 
 

Yes. After sending a letter to ISP director, they sent me a letter back listing month and year and location (town) where my CPD was filled. 

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On 10/4/2022 at 11:37 AM, AlexK said:

Yes. After sending a letter to ISP director, they sent me a letter back listing month and year and location (town) where my CPD was filled. 

So you don’t get to see who wrote it, and what they wrote, kinda like you would see on a ticket “speeding 35 in a 25”?
All you get is, on this month and year “something happened” which we won’t share with you, but it was enough to cancel your FOID?
 

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ISP (and local law enforcement, if they're smart and not all are doing this) are denying FOIA for copies of C&PD under 420 ILCS 65/8.1(d). ISP has created a separate response though that will give you approximate date and location / filing agency info so you can work backwards and try to figure out what happened. Completely unfair (you're revoked because someone said you're dangerous, but we won't tell you what or why they said it). But the new ISP form is at least usually enough for my clients to figure out to what event the C&PD is related.

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On 10/4/2022 at 4:10 PM, mab22 said:

So you don’t get to see who wrote it, and what they wrote, kinda like you would see on a ticket “speeding 35 in a 25”?
All you get is, on this month and year “something happened” which we won’t share with you, but it was enough to cancel your FOID?
 

Yes, it does not mention what happened or who reported it. It just lists location and date. In my case it is a minor totally ridiculous incident from 5 years ago.  

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