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It's not really an appeal anymore. We fought them on these and maybe a year ago (? can't remember) they changed their policy. All you need to do, if you wait 5 years after a qualifying mental health admission or clear and present danger report, is 1. reset your portal and reapply, 2. have a psychologist (preferably) submit the MH certification form at the exact same time, 3. submit the FDR and request for relief at the exact same time. If you do that, you will automatically get your firearm civil rights restored and get a FOID. As to your question about FDR - don't worry about it. I have clients file those 20 years late. Nothing happens.
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SSGCLARK81 started following FredNickl
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Attorneys - Firearm Defense
FredNickl replied to Molly B.'s topic in Illinois Right to Keep and Carry
Couple things: If you need a criminal defense attorney, meaning you've been charged with a weapons related offense, I don't think this list is that great. You will want the best criminal defense attorney in that town/area, it does not need to be someone that's done a lot of weapons charges defense. Just need a good crim def atty who knows the prosecutors and knows what the judges usually do on those cases in your area. If on the other hand you're looking for someone to handle a FOID or CCL appeal or anything relating to restoration of firearm civil rights, I can tell you that a decent part of that list on page 1 of this thread will simply refer you to my office. We do more than literally anyone at this point. I try to answer questions as much as possible on this forum, but that does not mean there is an attorney-client relationship. -
Agree. I usually refer those to an atty I know to go before a judge and get a court order mandating the release of the firearms. But it's usually not cost effective to pay the atty fee compared to what the 1-2 guns surrendered would cost to replace. If you surrendered a bunch of guns or have an expensive piece, definitely fight it.
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The ISP letter controls unless it's a mistake. First thing to do here is contact ISP Legal Counsel and see if there's a mistake. Second question to ISP Legal Counsel is to issue a corrected denial letter that lists the actual prohibitor. From there, you do the appeal. This is most likely an informal appeal, but need to confirm with ISP first. Finally, FOIDRB does not do the triage and is not involved unless ISP gives them the file. ISP does the triage and determines what type of appeal applies before referring to FSB or FOIDRB.
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I have this info elsewhere on the site, but here is the current state of the law-- For out-of-state residents with Illinois prohibitors that need to restore their firearm civil rights in Illinois: 1. If the prohibitor would trigger an informal appeal if they were a resident of Illinois, then they simply do the same informal appeal that they would as if they lived here. 2. If the prohibitor would trigger a formal appeal (filed in circuit court) if they were a resident of Illinois, the case USED TO BE that we could file the appeal in the county in which the conviction occurred. We did this a lot. Then whoever handled the Robert Snedeker case ended up having the appellate court to declare that out-of-state residents in this situation are SCREWED, they have no remedy. Game over. We are waiting for the Illinois Supreme Court to fix this. As soon as that happens, we'll go back to filing formal appeals for out-of-state residents. To answer your specific question, you need to determine if he has a forcible felony, a firearm related felony, a felony drug conviction that is Class X, 1, or 2, or a juvenile adjudication for something that would have been a felony had he been an adult. If so, he is screwed until the IL SC fixes the Snedeker mistake.
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FredNickl started following new website for our firearm defense / appeal work and new site for all our CCL work
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new site for all our CCL work
FredNickl posted a topic in Illinois Concealed Carry Licensing Process
We split off all our firearm defense / appeals from our main professional licensing (IDFPR) website. Easy way to reach me or ask questions via the new site: www.foidappeals.com -
FOID and CCL totally different statutes, so the fact your FOID is active is irrelevant to what will happen to your CCL application. Are you in Cook County? Then expect an objection from CPD or CCSO, especially if your charge was violence, drug, or firearm related. Monitor your portal, don't want for anything to arrive in the mail.