Difficulty in getting a FOID?

[paddy1998]

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I am an attorney and former prosecutor. In the past two yearsI have had 2 friends of the family rejected byISP for FOID. One was a renewal and one was a first time application. Both were rejected based on misdemeanor ARRESTS in the mid1970's.

The response letter toeach application stated that the arrests were on record and put the burden on the applicant to prove theend result of the arrest.

Inboth instances I was able to get a certified letter from the clerk of the court of jurisdictionthat there was no record of any result from such an arrest. One has been issued his FOID and we are waiting on a response for the other.

Only convictions, not arrests, are supposed to disqualify someone from obtaining a FOID. My question is why is ISP rejecting these applications when there is obviously no conviction of record. Don't say "well they want to be sure". ISP uses the same LEADS/NCIC information that prosecutors and judges uses in sentencing criminal defendants. If it isn't there then it doesn't exist!

Has anyone else out there run into a similar problem? If my one friend is still rejected for a FOID I'm considering filing a suit to force ISP to follow the law. We'll see.

 

[Doug Huffman]

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Welcome and thank you for declaring your status as attorney.

I am sorry that I do not have a more substantive response than 'if we may properly be disbarred our right to keep and bear arms under color of law then we can all be disarmed merely by sufficiently lowering the bar of felony, even to arrests.

Worse is that the ISP is asking you and FOID applicants to prove a negative, that there is nowhere in the universe a record of conviction. Without an examination of the universe that statement is not possible.

Good luck.

 

[lockman]

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No where on the application is there a question about arrests. Only convictions. If the applicants were never convicted they need not disclose any other information.

There is an appeal process. They should request in writting the reason and the statutory authorization for such denial. You can be arrested for rape, robbery and murder but without conviction you are eligable for your FOID.

 

[drrich]

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I too have had this exact problem. It somehow doesn't make me feel any better knowing this is also happening to others. The short version of my story is: 1) Was arrested for possession. 2) FOID revoked (much quicker than it was issued) 3) Received 410 probation. 4) Completed probation- No conviction.

A year passes and I try to get my FOID by reapplying. After 62 days of waiting, I receive a letter of denial because of "conviction of possession". ???? Bewildered I contact the county clerk to see if they somehow reported it wrong. They tell me there is no conviction reported. ????? Stunned, I fax ISP the certified court documents. I also mailed them a copy with a letter attached- stating that it's not an appeal- but to fix the mistake. But I also found it difficult to "prove a negative".

I let two more weeks go by, then I call FOID. They tell me they are only working on new applications now and they will not look at any faxed or mailed materials until they get more caught up. I AM A NEW APP!!! But I was told that I am the least of their concerns now because I was officially denied.

I want to file a petition with the court to order ISP to issue my card. But I am not an attorney. Besides, I don't know which route would be quicker anyway. Wait till they review, or go through the courts? This agency is worse than the DMV and post office combined. Where DO they get their criminal info from anyway? Certainly not from the circuit courts, that's for sure.

 

[junglebob]

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You need to get a writ of mandamous, the same type of document that may be served on the secretary of state for failing to sign RolandBurris's certificate for the U.S. Senate. It is issued by a judge to make an official do something he is supposed to do. IANAL but think it might apply in your case.

Paddy1998, Could this work?

 

[ilbob]

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The last few years it seems the ISP has gotten very political, where they used to be pretty much off in their own little world.

 

[PaulBlart]

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why? because we can. stop resisting.



taze him