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FOID Revocation Board Is Nonexistent


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https://www.advantagenews.com/news/local/granite-city-news/as-gun-owner-permits-are-being-revoked-avenue-for-appeals-remains-narrow/article_adbb8a78-40d2-11ed-8431-ef5587eced50.
 

Pritzker has not filled any of the 7 appeals board seats. 

 

“ISP said earlier this month they have conducted more than 200 FOID enforcement details with more than 1,000 individuals surrendering their FOID cards and weapons.

 

But John Boch, with the gun-rights group Guns Save Life, said while there’s a FOID appeals board in state statute, the governor has not appointed anyone to field challenges to revoked privileges.

 

 

“Governor Pritzker and his friends in the legislature that are leading our state have done a fine job basically taking people’s FOID cards away without any due process at all,” Boch told WMAY.”

 

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On 10/2/2022 at 3:16 PM, Lou said:

...

“Governor Pritzker and his friends in the legislature that are leading our state have done a fine job basically taking people’s FOID cards away without any due process at all,” Boch told WMAY.”

 

The existence (or not) of an executive review board is irrelevant. Due process requires administration of law in a court with a judge. It requires other things, too, but let's start there.

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Let me see if I have this right.

 

A statute limits citizen access to a constitutional right. Part of that limitation involves an administrative structure within the executive branch. The executive branch fails to implement that administrative structure, thus denying citizens their constitutional right.

 

How is there not a lawsuit in there somewhere, in behalf of the people whose rights have been denied through failure to provide a timely review of their access to this important constitutional right?

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  • 4 weeks later...

There are 2 appointments to the Board so far. They are also searching for an Executive Director, which will be an attorney position and similar to how the CCLRB is run. As long as the Board is constituted by 12-31-22, there is nothing different from how any other Board is handled by any other state agency. See IDFPR for example, where the Professional Boards that have a say over your constitutionally protected rights are constantly in flux and sometimes don't meet quorum. What you need to watch for are the proposed rules that the FOID Review Board must pass in order to get anything done. If those rules aren't introduced to JCAR quickly, then that is a big problem. If proposed rules are not submitted until, say July 2023, then definitely anticipate a huge problem.

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  • 3 weeks later...
On 10/31/2022 at 11:34 AM, FredNickl said:

There are 2 appointments to the Board so far. They are also searching for an Executive Director, which will be an attorney position and similar to how the CCLRB is run. As long as the Board is constituted by 12-31-22, there is nothing different from how any other Board is handled by any other state agency. See IDFPR for example, where the Professional Boards that have a say over your constitutionally protected rights are constantly in flux and sometimes don't meet quorum. What you need to watch for are the proposed rules that the FOID Review Board must pass in order to get anything done. If those rules aren't introduced to JCAR quickly, then that is a big problem. If proposed rules are not submitted until, say July 2023, then definitely anticipate a huge problem.

Wouldn’t not having a full board in place be the same as when Chicago required “permits” or registration but when someone asked for the paperwork to fill out there wasn’t any? 
 

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