Appeal window

[L.C.]

How much time do you have to appeal a denile of a foid card? My wife was denied back in 2018 for a feloney over 25 years ago. 

[Bubbacs]

I'm not sure but file another lawsuit like you did in Oct '22 and she should be good to go.  Good Luck.

[Euler]

The first thing to do is expunge the felony, otherwise any "appeal" will end in denial. There's no time limit on a felony.
Once the felony is expunged, you can file a records challenge. There's no time limit on a records challenge.

[L.C.]

On 9/22/2023 at 5:30 PM, Euler said:

The first thing to do is expunge the felony, otherwise any "appeal" will end in denial. There's no time limit on a felony.
Once the felony is expunged, you can file a records challenge. There's no time limit on a records challenge.

Not true, my case was not expunged and my appeal was approved.

[L.C.]

On 9/22/2023 at 1:29 PM, Bubbacs said:

I'm not sure but file another lawsuit like you did in Oct '22 and she should be good to go.  Good Luck.

I did. The same lawyer that handled my case filed it in court. It was kick out of court. Court saying it has to go in front of the isp review board. The lawyer is saying there's a status of limit to file an appeal from the time of denile. She was denided back in 2018.

Edited October 8, 2023 at 09:21 PM by L.C.

[veela]

There is supposedly a 90 day time frame to appeal a denial.  My first attempt was denied due to not having everything within 90 days.  Haven't found out why the second time was denied yet.  Mine is clear and present danger fyi

[Euler]

"Clear and present danger" is its own thing.

A C&PD report is an anonymous allegation from a cop, physician, mental health professional, or educator that a person is a "clear and present danger" to himself or others. It lasts forever unless you get a mental health exam to certify that you're not a danger. Appealing a C&PD report will do nothing. There is no appeal for C&PD.

There was an interesting case (Judicial Second Amendment Case Discussion > Weiner v Kelly - Clear and Present Danger) about a false report, which ended when Wiener got his FOID back. It would have been a great case to overturn the C&PD law, but he was apparently funding it himself. C&PD doesn't appear to be on any of the large groups' radars.