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FOID Card Revoked, Seeking Advice on Appeal


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#1 AJ West

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Posted 20 July 2021 - 10:51 AM

In March of this year I voluntarily admitted myself to an inpatient facility for mental health reasons (anxiety/depression). A couple of weeks after I was discharged, I received a letter from ISP informing me that my FOID card was revoked for due to my hospital stay. It additionally stated that it was revoked due to me possible being a danger to myself and to others, though this is a completely false assessment. I've never had any medical professional ever state that I was a danger to myself or to others. 

 

I am wondering what can be done about this situation. I surrendered my FOID and filed the firearms disposition (gave my firearms to a close friend until this gets resolved).

 

I have yet to appeal this and am seeking guidance on the best way to do so. I am assuming since this is within the 5-year window that I will likely be denied but I do want to start figuring out how I can at least get my FOID back someday. I do not have a criminal record or anything else that would prohibit me from having a FOID. 

 

Please help! 



#2 Euler

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Posted 20 July 2021 - 11:23 AM

Sec. 8. Grounds for denial and revocation. ...

(e) A person who has been a patient of a mental health facility within the past 5 years ...


"Patient" includes both in-patient and out-patient, both voluntary and involuntary.

IMO it's a stupidly broad law that really just discourages people from seeking treatment. Most people who seek mental health treatment are not a danger to anyone, even themselves.
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#3 Yettiblood

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Posted 20 July 2021 - 12:28 PM

It’s just as stupid as me having to wait 3 more years to carry because I voluntarily got help to quit drinking.

#4 Molly B.

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Posted 20 July 2021 - 12:52 PM


 

I have yet to appeal this and am seeking guidance on the best way to do so. I am assuming since this is within the 5-year window that I will likely be denied but I do want to start figuring out how I can at least get my FOID back someday. I do not have a criminal record or anything else that would prohibit me from having a FOID. 

 

Please help! 

Don't necessarily assume an appeal will be denied.  There is a process for those who have received mental health treatment within the past 5 years.

 

Go to this link for a checklist and instructions for this type of appeal:

 

https://isp.illinois...tsChecklist.pdf


"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 Molly B.

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Posted 20 July 2021 - 12:54 PM

Does that link work for anyone?  Why all of a sudden do the links I post for the ISP not work when I copy and paste here?


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#6 Euler

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Posted 20 July 2021 - 01:07 PM

Does that link work for anyone?  Why all of a sudden do the links I post for the ISP not work when I copy and paste here?


I get a format error for the PDF at that link. So it's not a dead link, just a useless one.
The welfare of the people in particular has always been the alibi of tyrants, and it provides the further advantage of giving the servants of tyranny a good conscience.

- Albert Camus, Resistance, Rebellion, and Death, 1960.


#7 THE KING

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Posted 20 July 2021 - 01:14 PM

Linky no worky for me.

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#8 Bubbacs

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Posted 20 July 2021 - 01:36 PM

Has Molly lost her linkyness?



#9 MagSlap

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Posted 20 July 2021 - 01:48 PM

I think one of these should do the trick...

 

https://isp.illinois...s Checklist.pdf

 

https://isp.illinois...s Checklist.pdf


Edited by MagSlap, 20 July 2021 - 01:50 PM.

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#10 Molly B.

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Posted 20 July 2021 - 01:49 PM

I think this link will do the trick...

 

https://isp.illinois...s Checklist.pdf

So how did you do this?


"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 Molly B.

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Posted 20 July 2021 - 01:49 PM

Has Molly lost her linkyness?

YES!!  This started a couple weeks ago . . .


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#12 Molly B.

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Posted 20 July 2021 - 01:51 PM

Do any of the links I posted in this opening post work for anyone?


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#13 Roger Z

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Posted 20 July 2021 - 02:00 PM

Do any of the links I posted in this opening post work for anyone?

The link you posted opens to a blank white page using Safari on my iMac.

 

Viewing the thread on Tapatalk on my iPad, it also opens to a blank white page.


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#14 MagSlap

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Posted 20 July 2021 - 02:04 PM

 

I think this link will do the trick...

 

https://isp.illinois...s Checklist.pdf

So how did you do this?

 

 

I simply searched for the file name on DDG....

https://duckduckgo.c...pdf&t=h_&ia=web

 

:super: :D


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#15 Molly B.

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Posted 20 July 2021 - 02:07 PM

 

 

I think this link will do the trick...

 

https://isp.illinois...s Checklist.pdf

So how did you do this?

 

 

I simply searched for the file name on DDG....

https://duckduckgo.c...pdf&t=h_&ia=web

 

:super: :D

 

 

 

But that's what I'm using as well.


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#16 MagSlap

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Posted 20 July 2021 - 02:35 PM

But that's what I'm using as well.

 
Dunno then...
I was able to get prompted for the pdf downloads when I searched for em....
 
Perhaps your search-fu has failed you grasshopper...
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#17 Hatchet

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Posted 20 July 2021 - 02:49 PM

Molly your link doesn't have the %20 representing a space in the link.

 

Yours. :FinalChecklists/MHLessThan5YrProhibitorRequirementsChecklist.pdf

 

Mag:Final%20Checklists/MH%20Less%20Than%205%20Yr%20Prohibitor%20Requirements%20Checklist.pdf


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#18 Quiet Observer

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Posted 20 July 2021 - 03:22 PM

 

Has Molly lost her linkyness?

YES!!  This started a couple weeks ago . . .

 

For now it works to go to the Forms page and click on the appropriate form there. 

Forms (illinois.gov)

 

i will try posting the less than 5 years link. 

C&P Less Than 5 Yr Prohibitor Requirements Checklist.pdf (illinois.gov)



#19 AJ West

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Posted 20 July 2021 - 04:02 PM

Thanks everyone for their responses and thank you Molly for the incredibly useful links. I have started work on gathering all of the necessary documents/information to submit a request for an appeal.

 

Does anyone have any advice or pointers regarding answering the required questions for the appeal? I just want to make sure the questions I answer are done so in the most thorough way possible so that I give this the best possible chance.

 

Also, do I submit all of the required documents all at once? I assume yes, but just want to be sure.

 

Any additional help/advice/pointers from those who have experience submitting this type of an appeal would be greatly appreciated.



#20 AJ West

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Posted 20 July 2021 - 04:29 PM

Additionally, can anyone speak to the general success rate of appeals related to mental health? I am curious to know if there is any data or even anecdotal information on this. From what I read, I understand the process can be lengthy (even beyond the 30 days that ISP has to respond), which is not a problem. I am more concerned with my chances for success.



#21 Molly B.

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Posted 20 July 2021 - 07:54 PM

The success rate is relatively good. This type of appeal seems to be taking 6 mos. To a year.
"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

#22 wolfcreek

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Posted 22 July 2021 - 04:00 PM

Just a thought.I went through this in 2013.Did you read all the paperwork when you signed into the facility ?Do you have copies of what you signed?Sounds like your doctor or the facility sent in a report.Just like everything else in life.If you dont read "ALL" the fine print it will come back to you.I was only in(my choice) for 4 days and got my notice of foid revocation two days later.There seem to be people on a quest to get foid cards.I wish you the best,but I personally spent thousands & went every route possible trying to get my foid returned.I never got anywhere.I moved out of state in 2020.Maybe things have changed,I dont know.After being a "good scout" all my life,serving 6 years in the Marines(13 months in the nam) and never having any problems with the law.You can imagine how I felt about the state doing this to me.If I am right.Illinois and Hawaii are the only to states that go to this extreme with mental issues.Good  luck !






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