Help FOID Revoked

[mtl19691969]

Dear 2nd Amendment friends,

 

Long story short. I sent a "mean" email to my daughter's 4th grade teacher (I was drinking and regret this). The police got involved and I ended up going to the hospital (psych ward) for a well-being check. I was only there for a few hours and was discharged with instructions to follow up with my primary doctor. Little did I know but the responding officer called the state police and had me labeled as a "clear and present danger." So I get an email from a Chicago police officer who is working with the state police as a firearm recovery (FIT) agent and I agree to have them come over and relieve me of my firearms (11 assorted rifles and handguns) to be in compliance. I then get an email from the Chicago police stating that I have to come up with a FDR record of all the firearms I ever owned and sold going back to 2000. I thought you had to keep records for 10 years not 25. Needless to say I am really sinking here and could use some solid 2A advice. I am a veteran, a single parent, and a law-abiding person who made a mistake. Any advice would be most appreciated. Peace.

 

Michael L.

[ragsbo]

Get a good lawyer NOW!!!!!

[mikew]

Moving to a more appropriate category on IC.
 

[Anonymous1]

For the love of God, don’t give your guns to CPD; you’ll never see them again, not for at least a couple of years. Transfer them to a friend or family member! This C&PD situation will be expensive and time-consuming, so buckle up. You’re going to need 2 people to each write up a paper saying they’re aware of the situation and whether or not they think you’re a danger or not. Those will need to be signed, dated, and notarized. You’ll also have to write up a paper saying you’re not a threat or danger. Then you’ll have to get an expensive and detailed psychological exam stating whether not you’re a danger to yourself or the community. The board will review that and then decide whether not to give you your 2A rights back. If that fails, you can petition the board for a virtual meeting and then if that fails, you have to sue in court with a lawyer (expensive). Don’t think about leaving the state to get your rights back, either; C&PD reports are reported to the feds. If you want, you can wait 5 years to do a less invasive and expensive report but I don’t think that’s an option for most people. I wish you the best of luck (you’ll need it).

 

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

 

https://isp.illinois.gov/StaticFiles/docs/FSB/Law Enforcement Court Documents/2-636 ISP Firearm Disposition Record.pdf

https://isp.illinois.gov/StaticFiles/docs/FirearmsSafety/Forms/2-707 5-21 Request FOID Investigation Relief Reinstatement Firearms Rights Form.pdf

 

https://isp.illinois.gov/StaticFiles/docs/FirearmsSafety/Forms/2-711 12-20 FOID Appeal Forensic Evaluation.pdf

[John Q Public]

Yes, get a lawyer right away. A TRO/RO is much diff then a CPD. 

Edited March 16, 2025 at 07:15 PM by John Q Public

[mtl19691969]

Thank you, brothers and sisters, for your advice.

[ken s]

Expect to spend around 6000$ or more through this entire process... 

[ScottFM]

Get a lawyer and get some help with your drinking problem, and yes, you have one if you are sending emails/letters that rise to the level of having the police come and getting put into a pysch ward. 

[ealcala31]

A lot of guys in here use Williams & Nickl. He's in this forum. Give him a shout...

[John Q Public]

Best advice given the SC, move if possible, It will be years, if ever they right the ship.....

[Euler]

On June 6, 2025 at 04:05 PM CDT, John Q Public said:→

Best advice given the SC, move if possible, It will be years, if ever they right the ship.....

If someone has already become prohibited in IL, it does not help to move to another state. Such people must remove the IL prohibition before other states will allow them to possess.

The same works in reverse. Myers v Kelly was a case where Myers was a prohibited person in South Carolina (by state law) and wanted a FOID, but he was denied. Once SC had reported him to NICS, the only way out of NICS is by a South Carolina court ruling. (He eventually gave up the case for medical reasons.)

There was another case (the name of which I cannot remember) of someone in another state who was prohibited by IL. He wanted a firearm in the other state, but he had to remove his IL prohibition. The IL court ruled that it had no jurisdiction to remove the IL prohibition, because IL courts could only remove the prohibition for a FOID and, as a resident of another state, he was not eligible for a FOID, anyway.

So once someone has a prohibition, they need to fight the prohibition. Running away is not a solution.

[ealcala31]

That's the way its supposed to be, but not all states report its citizens to the NICS prohibition list. The system is only as good as the people who input the data.

[John Q Public]

I'm not sure on that one EU as some other states do not have CPD laws, nor cards and also require a hearing before firearms may be suspended or removed from the home. Since other states actually believe in the USC, I think this is not a done deal. As in federal law you need to be there to defend yourself....

 

 

Edited June 9, 2025 at 05:28 PM by John Q Public