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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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  • 2 months later...

Governor appoints 3 more board members:
 

 

Quote

 

FIREARM OWNER’S IDENTIFICATION CARD REVIEW BOARD

 

Richard Schoenstedt will serve as a Member of the Firearm Owner’s Identification Card Review Board.* Judge Richard Schoenstedt brings 40 years of legal experience to the Board: 20 years as an attorney in the private sector and 20 as an elected Circuit County Court Judge. He was elected as a Circuit Judge in 2002 where he presided over felony criminal cases. In 2012, Judge Schoenstedt was named the Chief Judge of the 12th Judicial Circuit before retiring in 2021. While Chief Judge, he was the presiding Judge of the Felony Division. In 2020, he received the Will County Bar Association Person of the Year Award. Judge Schoenstedt received his Bachelor of Arts in Psychology from Marquette University and his Juris Doctor from DePaul University.

 

Craig Findley will serve as a Member of the Firearm Owner’s Identification Card Review Board.* Findley most recently served as the Chair of the Illinois Prisoner Review Board, leading the Board as the Chief Executive and Administrative Officer. Prior to his service on the Board, Findley was President of Findley Associates, Inc, providing consulting, media relations and lobbying services, with an emphasis on child welfare. He also served the State of Illinois with leadership roles in the Illinois Department of Transportation and as State Representative in the Illinois General Assembly. Findley is a proud member of his community, a former Board Member of the Jacksonville Symphony Orchestra, and past Trustee of the Lincoln Land Community College. He received his Bachelor of Arts in Sociology from Knox College.

 

Frank DePodesta will serve as a Member of the Firearm Owner’s Identification Card Review Board.* DePodesta brings over 25 years of experience as a Supervisory Special Agent with the Federal Bureau of Investigation (FBI). While with the FBI, DePodesta lead teams of field agents, investigated crimes ranging from public corruption to civil rights abuses, and served as an expert witness in federal narcotic trafficking cases. DePodesta was awarded the Organized Crime Drug Enforcement Task Force (OCDETF) National Award in 2020 and was the recipient of the FBI Medal for Meritorious Achievement in 2017. He received his Bachelor of Arts from the University of Michigan.

 

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