If you appealed your FOID revocation or denial to the Director of the Illinois State Police (“ISP”) and are still waiting on a ruling on your appeal, you are not out of options.
I get a lot of calls about appeals to the Director. The common complaint is that people send their appeal to ISP and wait for months, but never hear back. For example, one person got no response for 6 months despite repeat calls to ISP before considering legal action.
My first thought on seeing this trend was to remind people that they have to follow the State Police instructions re: Appeal to the letter. I have since learned that following the instructions does not speed up the process. Thankfully, the ISP appeals process is not the end of the road.
ISP’s failure to act on an appeal arguably constitutes a constructive denial of your appeal, especially where months have passed with no response. ISP’s decision is subject to judicial review pursuant to Section 11 of the FOID Act (430 ILCS 65/11). Accordingly, a Circuit Court may review ISP’s decision (or lack thereof) and order the FOID be reinstated if ISP’s denial or revocation was in error.
I handle FOID appeals at all stages, and have had success in litigation against the State Police on administrative review and all the way up to the Appellate Court. For more information, please give my office a call.
DISCLAIMER: past performance does not guarantee future results, and every case is unique. This post is for informational purposes only and does not constitute legal advice or create an attorney-client relationship.