Posts Tagged FOID
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.
A recent opinion from the Third Circuit Court of Appeals suggests that the 18 U.S.C. § 922(g)(1) federal firearms prohibition should not apply to convictions that are not for serious offenses.
In Binderup v. Attorney General, the Third Circuit held that the Federal Gun Control Act’s section 922(g)(1) prohibition was unconstitutional as applied to the challengers, who had been convicted of corrupting a minor and unlawfully carrying a handgun without a license. The Court found that the challengers’ convictions were not for “serious” offenses, and set out factors for determining whether an offense is serious enough to justify loss of the offender’s second amendment rights.
Binderup suggests that persons convicted of nonviolent misdemeanors who receive a sentence on the lower end of the applicable sentencing range are good candidates to seek relief in Federal Court. If your FOID has been denied or revoked under similar circumstances, seeking relief in federal court may be an option for you.
New FOID Law Makes ISP Report Firearms Disqualification to Local Law Enforcement to Encourage FOID Seizure
On January 1, 2017, the ISP will be required to forward notice of FOID prohibitions and revocations to local law enforcement agencies.
Public Act 099-0787 requires the Illinois State Police to give such notice “to all law enforcement agencies with jurisdiction to assist with the seizure of the [prohibited] person’s Firearm Owner’s Identification Card.”
On its face, the bill is calculated to prevent retention of FOID cards by people who have been rendered ineligible by a prohibition and/or revocation. However, my fear is that this will lead overzealous local law enforcement to conduct warrantless searches and/or seizures of firearms. Prohibited persons could then be prosecuted for possession of the firearms. The situation becomes even more complicated where a prohibited person lives with other gun owners who remain eligible to possess firearms.