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How to Appeal Revoked or Denied FOID


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#1 Molly B.

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Posted 24 March 2014 - 06:57 AM

From ISP website

 

On September 1, 2020, the ISP Director created the Office of Firearms Safety and named a Firearms Safety Counsel. The Firearms Safety Counsel and team provide guidance and direction on public safety issues relating to the removal and restoration of firearms rights and privileges under Illinois law. The Office of Firearms Safety is responsible for developing protocols and procedures for evaluating risk for individuals whose access to firearms has been denied or revoked under Illinois law and overseeing and evaluating all appeals of Firearm Owner Identification Card (FOID Card) and Concealed Carry License (CCL) with respect to the legality for restoration of firearms rights and privileges. The Firearms Safety Counsel serves as the Department’s spokesperson and subject matter expert regarding firearms safety issues.
 

Why was my FOID card revoked or my FOID application denied?

Section 8 of the FOID Act provides that a FOID card may be revoked or an application denied for the following reasons:

  • The applicant is under 21 years of age and
    • has been convicted of a misdemeanor other than a traffic offense or adjudged delinquent;
    • Is not an active duty member of the United States Armed Forces;
    • does not have the written consent of the applicant’s parent or guardian or the applicant’s parent or guardian does not qualify to have a FOID Card; or
    • Is subject to a petition filed under Section 5-520 of the Juvenile Court Act of 1987 alleging that the minor is a delinquent minor for the commission of an offense that if committed by an adult would be a felony
  • The applicant
    • Has been convicted of a felony under the laws of this or any other jurisdiction;
    • Is addicted to narcotics;
    • Has been a patient of a mental health facility within the past 5 years
    • Has been a patient in a mental health facility more than 5 years ago and has not received the certification required;
    • Has a mental condition that is of such a nature that it poses a clear and present danger to the applicant, any other person or persons or the community;
    • Has an intellectual disability;
    • Intentionally made a false statement in the FOID Card application;
    • Is an alien unlawfully present in the United States;
    • Except for in certain instances, is an alien who has been admitted to the United States under a non-immigrant visa;
    • Has been convicted within the past 5 years of battery, assault, aggravated assault, violation of an order of protection, or a substantially similar offense in another jurisdiction, in which a firearm was used or possessed;
    • Has been convicted of domestic battery, aggravated domestic battery, or a substantially similar offense in another jurisdiction;
    • Is prohibited from acquiring or possessing firearms or firearm ammunition by any Illinois State statute or by federal law;
    • Had been adjudicated a delinquent minor under the Juvenile Court Act of 1987 for the commission of an offense that if committed by an adult would be a felony;
    • Is not a resident of the State of Illinois;
    • Has been adjudicated as a person with a mental disability;
    • Has been found to have a developmental disability; or
    • Has been involuntarily admitted into a mental health facility.

FOID Appeals –

  • For most appeals, you must file your appeal within 60 days from receipt of notice of the denial or revocation. (20 Ill. Admin. Code 1230.70)
  • For appeals of a denial or revocation due to a felony conviction, you may submit an appeal regarding your FOID Card at any time.
  • If your felony conviction was for a forcible felony, you must appeal to the circuit court of the county in which you reside consistent with the provisions of Section 10©(1) of the FOID Act (430 ILCS 65/10©(1)).

 

 

 

If you believe ISP records have inaccurately identified you as prohibited from possessing a FOID Card, file a Records Challenge

 

If you inadvertently answered YES to one of the criminal or mental health background questions:

 

If you were a patient in a Mental Health Facility less than five years ago

 

If you were a patient in a Mental Health Facility more than five years ago:

 

If you were convicted of a Misdemeanor Crime of Domestic Violence, you must petition for relief in the circuit court where you live then submit certified court documents to the ISP along with a Records Challenge form

 

If you were the subject of an Order of Protection.

Once the order is rescinded or expired, submit a Records Challenge along with certified court documents proving the OP is no longer in effect.

If you were determined to be a 'Clear and Present Danger'.

 

If your Firearm Owner's Identification (FOID) Card was revoked or your FOID application was denied because you met the definition of “Clear and present danger” as provided in Section 1.1 of the FOID Act (430 ILCS 65/1.1) you are not permitted to obtain a Firearm Owner's Identification Card unless you receive relief from the Director of the Illinois State Police. The information required for relief is listed on the attached checklists. Please use one of these to ensure all paperwork required is provided because the appeal process will not begin until the Department receives all necessary documentation.

If the Clear and Present finding was made more than five years ago use this checklist.

Upon receipt of a properly completed Mental Health Certification form, your application will be actioned. Unfortunately, the Department is unable to provide a time frame for when the review will be complete and the card issued; however, you will be notified once the decision has been made or if additional information is needed.

Relevant Checklist and Forms:

If the Clear and Present finding was made less than five years ago, use this checklist.

Upon receipt of all of the documents listed above, your application will be actioned. Submission of the required documents does not guarantee the granting of an appeal or relief; however, it is required to begin the review process. Unfortunately, the Department is unable to provide a time frame for when the review will be complete and the card issued; nevertheless, you will be notified once the decision has been made or if additional information is needed.

Relevant Checklist and Forms:

 

Illinois State Police

Office of Firearms Safety

Suite 600-S

801 South 7th Street

Springfield, Illinois 62703

 

If you were convicted of a forcible felony: stalking, aggravated stalking, domestic battery, any violation of the Illinois Controlled Substances Act that is Classified as a Class 2 or greater felony, a violation of the Methamphetamine Control and Community Protection Act that is classified as a Class 2 or greater felony, or a violation of the Cannabis Control Act that is classified as a Class 2 or greater felony, a felony violation of Article 24 of the Criminal Code of 1961 or the Criminal Code of 2012, or any adjudication as a delinquent minor for the commission of an offense that if committed by an adult would be a felony; you must appeal in circuit court in the county where you live. Once the court restores your right to possess firearms, submit a RECORDS CHALLENGE TO ISP INCLUDING A CERTIFIED COURT DOCUMENT SHOWING COURT ORDERED RELIEF.

 

What do I do if I don’t understand why my FOID Card was revoked or my FOID Application was denied or otherwise cannot find what I need on the ISP webpage?

 

Please contact ISP via email: ISP.CONTACT@Illinois.gov

 

 

A denial by the administrative review would then need to be appealed to the circuit court in the county where you live.


Edited by Molly B., 03 March 2021 - 05:23 PM.
Updated 2/10/2021

"It does not take a majority to prevail ... but rather an irate, tireless minority, keen on setting brushfires of freedom in the minds of men." --Samuel Adams

#2 Molly B.

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Posted 27 October 2014 - 03:23 PM

There are some revocations for which the ISP will not grant an administrative hearing and the FOID card holder must appeal in circuit court.


"It does not take a majority to prevail ... but rather an irate, tireless minority, keen on setting brushfires of freedom in the minds of men." --Samuel Adams

#3 Elmer Fudd

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Posted 27 October 2014 - 03:27 PM

There are some revocations for which the ISP will not grant an administrative hearing and the FOID card holder must appeal in circuit court.

Just to clarify...are you indicating that they won't entertain an appeal, or that once an appeal has been denied they won't grant an administrative hearing. The concern I am thinking about is that the first step in the process of having an administrative appeal which is a precursor step to application for an administrative hearing can take up to two years. The problem that is created, is that during the pendency of the Administrative Appeal, you can't pursue the matter in Circuit Court and the Illinois Attorney General will seek to have the proceeding dismissed due to a failure to exhaust administrative remedies.



#4 Molly B.

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Posted 27 October 2014 - 07:58 PM

 

There are some revocations for which the ISP will not grant an administrative hearing and the FOID card holder must appeal in circuit court.

Just to clarify...are you indicating that they won't entertain an appeal, or that once an appeal has been denied they won't grant an administrative hearing. The concern I am thinking about is that the first step in the process of having an administrative appeal which is a precursor step to application for an administrative hearing can take up to two years. The problem that is created, is that during the pendency of the Administrative Appeal, you can't pursue the matter in Circuit Court and the Illinois Attorney General will seek to have the proceeding dismissed due to a failure to exhaust administrative remedies.

 

 

There are some revocations for which the ISP will not entertain an appeal and direct the FOID card holder to appeal directly to circuit court.


"It does not take a majority to prevail ... but rather an irate, tireless minority, keen on setting brushfires of freedom in the minds of men." --Samuel Adams

#5 Elmer Fudd

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Posted 27 October 2014 - 08:08 PM

Can you elaborate on what the underlying basis for the revocation falls into that category?



#6 Molly B.

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Posted 27 October 2014 - 08:13 PM

FOID revoked for misdemeanor batter convictions classified  as domestic in nature (or reclassified from as long ago as 20-30 years and just now being revoked).


"It does not take a majority to prevail ... but rather an irate, tireless minority, keen on setting brushfires of freedom in the minds of men." --Samuel Adams

#7 Elmer Fudd

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Posted 27 October 2014 - 08:19 PM

FOID revoked for misdemeanor batter convictions classified  as domestic in nature (or reclassified from as long ago as 20-30 years and just now being revoked).

Thank you.....there is some logic to that...particularly since it involves the Federal prohibitions associated with the Lautenberg Amendment from 1997.



#8 Monty80

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Posted 27 January 2015 - 07:19 PM

Today I found out that my application for a FOID card was denied because of a reporting error 17 years ago. For some reason, the Cook County clerks office reported to the ISP that I was convicted of a felony. I've had my record corrected with CPD and also the Clerks office yet ISP still denied me. I plan on appealing since I'm obviously not a felon due to the fact I retired from the Army last year. Does anyone know what certified court documents they want to see for an appeal?

Edited by Monty80, 27 January 2015 - 07:21 PM.

~ A right delayed is a right denied
 
  • 08 Jan 2015 - Applied for FOID
  • 27 Jan 2015 - FOID denied
  • 29 Jan 2015 - Appealed FOID denial
  • 07 July 2015 - Received FOID card
  • Total days - 180 days
  • 27 May 2016 - Applied w/prints
  • 06 June 2016 - QC Verified
  • 08 June 2016 - TCN invalid
  • 13 June 2016 - TCN valid
  • 20 June 2016 - Approved
  • 27 June 2016 - Active
  • 29 June 2016 - Received CCL in the mail
  • Total days - 33 days
 
 

#9 2putt

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Posted 03 March 2015 - 09:00 AM

This morning a friend received a notice from ISP that his FOID is revoked due to him being under mental observation for a few days. I was thinking he could transfer his firearms to me while he appeals, but the form says he must get rid of his firearms within 48 hours. Since there would be a 72 hour wait before u can take possession of them, what are his options?

#10 Molly B.

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Posted 03 March 2015 - 09:51 AM

Do you know an FFL who would hold them for the 72 hrs. and then transfer them to you?


"It does not take a majority to prevail ... but rather an irate, tireless minority, keen on setting brushfires of freedom in the minds of men." --Samuel Adams

#11 2putt

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Posted 03 March 2015 - 11:57 AM

No I don't. That's a good idea though. I'm in chicago if any local FFLs read this and can help.

#12 Guest_nra00001_*

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Posted 14 October 2015 - 05:09 PM

Do you know an FFL who would hold them for the 72 hrs. and then transfer them to you?


Can a FFL who provides a storage facility for firearms be used for this purpose?

#13 Molly B.

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Posted 14 October 2015 - 05:21 PM

Yes.
"It does not take a majority to prevail ... but rather an irate, tireless minority, keen on setting brushfires of freedom in the minds of men." --Samuel Adams

#14 DiSc0rd

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Posted 23 November 2015 - 02:43 PM

 

Hi Molly, I have applied for a FOID card, going on three weeks now... i was just wondering if i get denied where do i find the Investigation and Waiver of Liability form ? or is that something i ask for when i write them the appeal essay..?

Assuming that you are referencing the form that is required to be submitted in connection with a FOID Appeal, I have a copy, if you would PM me and give your email I would gladly send you a copy. 

 

can you please send the waiver the ISP wants filled out to me. friend was denied and trying to get it resolved. i tried to pm but says your inbox is full


#15 DiSc0rd

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Posted 23 November 2015 - 02:45 PM

Do you know an FFL who would hold them for the 72 hrs. and then transfer them to you?

did you get the waiver form? i cant find it either



#16 DiSc0rd

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Posted 23 November 2015 - 02:47 PM

isp site sucks, but my google-fu is strong

https://ispfsb.com/P...vestigation.pdf

for anyone that needs it



#17 Monty80

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Posted 23 November 2015 - 03:27 PM

DiSc0rd:

 

If your friend was denied, he should have received both forms that he will need to submit when he received his denial letter. If he didn't for some reason, I can email both of them to you. He will need Request for Appeal form and also the Request for Investigation and Waiver of Liability form.Just send me a PM with your email and I'll get them to you.


~ A right delayed is a right denied
 
  • 08 Jan 2015 - Applied for FOID
  • 27 Jan 2015 - FOID denied
  • 29 Jan 2015 - Appealed FOID denial
  • 07 July 2015 - Received FOID card
  • Total days - 180 days
  • 27 May 2016 - Applied w/prints
  • 06 June 2016 - QC Verified
  • 08 June 2016 - TCN invalid
  • 13 June 2016 - TCN valid
  • 20 June 2016 - Approved
  • 27 June 2016 - Active
  • 29 June 2016 - Received CCL in the mail
  • Total days - 33 days
 
 

#18 RJR_Nabisco

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Posted 04 March 2016 - 07:38 PM

Why would my foid card be revoked for a order of protection and not just suspended is there a difference. Turned in foid card and firearm to police when notfied of ordet of protection.. Also case was dismissed and judge ordered police to return firearm with val:d foid card. Find out it was was revoked. Filled appeal in jan .any wait time est?

#19 Molly B.

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Posted 04 March 2016 - 09:33 PM

Why would my foid card be revoked for a order of protection and not just suspended is there a difference. Turned in foid card and firearm to police when notfied of ordet of protection.. Also case was dismissed and judge ordered police to return firearm with val:d foid card. Find out it was was revoked. Filled appeal in jan .any wait time est?

 

 

 

RJR,

From the ISP:

 

A CCL suspension due to an Order of Protection does not require an Appeal.

 

If you will PM your full legal name, date of birth, and your FOID number to me, I will see if we can get you back into the proper cue for reinstatement.  If you have a copy of the judge's order/disposition, please include that as well.


"It does not take a majority to prevail ... but rather an irate, tireless minority, keen on setting brushfires of freedom in the minds of men." --Samuel Adams

#20 Molly B.

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Posted 15 June 2016 - 02:56 PM

Updated with links to current appeal forms.


"It does not take a majority to prevail ... but rather an irate, tireless minority, keen on setting brushfires of freedom in the minds of men." --Samuel Adams

#21 ClayMontJr

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Posted 18 June 2016 - 04:07 PM

I don't know who to contact but I think it's unfair that I have a FOID and can carry or defend on my property or place of business but can't also have it available in my vehicle without a CCW. Even though I meet ALL the requirements and paid all fees to getting a CCW I was still denied due to reasonable suspicion language in the act 430 ILCS 66/15 (a). This gives police or board any reason to deny even for something that happened as a teenager. 
 
If non-residents of Chicago with a ccl but no FOID can carry in their vehicles loaded, Then why can't FOID holders have this option as well? I don't need to carry a gun on me everywhere I go but would like to have more flexibility on transporting. I don't necessarily want to deal with a possible dishonest cop that may my load my transported firearm and say I was conceal carry unlawfully. I read stories of this happening. 
 
I'm currently still appealing my denial from Chicago PD from an arrest from Oak Forest PD 12 years ago that was dismissed in court. My appeal in court was lost (7/17/16) because the judge said "even though she would have judged me differently she couldn't change or overturn the decision of the board." My argument was not to use an arrest that was dismissed by a judge and sealed in expungement as means to label me as a danger to myself and others. So now the board looks at that the details of that arrest as fact and true and by them I'm convicted of doing those things from a false police report that was not confirmed as fact. I would have challenged the statements in that police report back then but wasn't allowed access to that knowledge till now. My girl-friend back then didn't disclose she fabricated all the extra details.
 
I apologize for this long message but I just wanted to but this out there for some direction. I don't have money to waste on a random attorney that will get me nowhere. If the FOID was more flexible then I wouldn't necessarily struggle for the CCW.
 
Clarence


#22 brim0628

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Posted 21 September 2016 - 10:06 AM

Greetings all, I'm new to the forum.  I received a DUI 2.5 years ago. Foid was revoked. I am now off of probation and ready to start the process of appealing. From my understanding, do I need to just fill out a request for foid appeal, and wait on the state to "get back with me"? Also on the foid appeal request form, where it says "I am requesting relief from the firearm prohibitor ________, for which my FOID card/application was revoked/denied. (OR) Is that blank space just for what statute or law that I "broke". Thanks for any replies



#23 Don7070

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Posted 25 September 2016 - 06:04 PM

Posted below are links to the forms needed to request an Illinois State Police Administrative Review if your FOID card has been denied or revoked.  This request should be submitted to:

 

Illinois State Police
Firearms Services Bureau
ATTN: APPEALS
801 South Seventh Street, Ste. 400-M
Springfield, Illinois 62703

 

Forms required to be submitted to the ISP include:

https://ispfsb.com/P...pealRequest.pdf

https://ispfsb.com/P...vestigation.pdf

 

Plus the form for the specific disqualifier:

 

For denial or revocation for non-mental health prohibitor

https://ispfsb.com/P...entalHealth.pdf

 

For denial or revocation for mental health prohibitor:

https://ispfsb.com/P...entalHealth.pdf

https://ispfsb.com/P.../Evaluation.pdf

https://ispfsb.com/P...lHealthCert.pdf

 

For denial or revocation for developmental disability:

https://ispfsb.com/P...DevDisabled.pdf

 

 

A denial by the administrative review would then need to be appealed to the circuit court in the area where you live.

 

 

Hi Molly.  I have done all of the things that you listed.  I am ready to put it in the mail tomorrow.  Is there a way to get it done faster if I go to Springfield in person?  This is my first post.  I appreciate all of the help that you have provided on this forum.



#24 Molly B.

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Posted 25 September 2016 - 08:33 PM

Don,

 

You must submit via mail.  I strongly suggest sending registered mail with a request for verification of receipt.  The ISP will not see/meet with anyone who simply walks in.


"It does not take a majority to prevail ... but rather an irate, tireless minority, keen on setting brushfires of freedom in the minds of men." --Samuel Adams

#25 Don7070

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Posted 26 September 2016 - 08:12 AM

Don,

 

You must submit via mail.  I strongly suggest sending registered mail with a request for verification of receipt.  The ISP will not see/meet with anyone who simply walks in.

 

Good morning.  I will do that.  Thanks a lot!



#26 RJWarner

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Posted 30 September 2016 - 02:15 PM

I have a similar problem with my wife's foid card after an Op was served on her. It was dropped on 8/3/2016 but still shows revoked. Is it too soon to be worried about it yet? 



#27 mrderen

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Posted 11 October 2016 - 06:19 AM

I had an OP put against me by my ex.  It was thrown out by the judge and now I need to get my FOID reinstated.  I've been through this before and I had to fax my court documents to the ISP, but I have misplaced their fax number.  Does anyone have the fax number for ISP FOID.  I have tried calling their voice line and get the usual wait on hold.  I've been calling for a week.  Thanks in advance.



#28 RJWarner

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Posted 12 October 2016 - 01:20 PM

I am starting to think it is time for some legal action. Any experience with good lawyers to assist getting my wife's foid back?



#29 Molly B.

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Posted 12 October 2016 - 01:30 PM

I had an OP put against me by my ex.  It was thrown out by the judge and now I need to get my FOID reinstated.  I've been through this before and I had to fax my court documents to the ISP, but I have misplaced their fax number.  Does anyone have the fax number for ISP FOID.  I have tried calling their voice line and get the usual wait on hold.  I've been calling for a week.  Thanks in advance.

 

Fax:  217.782.9139

 

This is a general FAX number so be sure to include a cover sheet with your full legal name, date of birth, FOID number and why you are faxing the document.  That way it will get to the proper department.


"It does not take a majority to prevail ... but rather an irate, tireless minority, keen on setting brushfires of freedom in the minds of men." --Samuel Adams

#30 Molly B.

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Posted 12 October 2016 - 01:32 PM

I have a similar problem with my wife's foid card after an Op was served on her. It was dropped on 8/3/2016 but still shows revoked. Is it too soon to be worried about it yet? 

 

 

Have you submitted a copy of the court documents as a records correction?


"It does not take a majority to prevail ... but rather an irate, tireless minority, keen on setting brushfires of freedom in the minds of men." --Samuel Adams




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