How do I go about appealing a FOID denial - Page 2

Indi · November 1, 2011, 02:17 PM

WOW, a case from 13 years ago is coming back to haunt you. If you want to get it exspunged you can do it your self, or pay a lawyer and have him do it. Me and my buddy went to the Daley center and recieved help from some, i guess interns, with the paperwork. The only problem was my buddy got all of his history expunged, I didnt because of some public intoxication sitation. A lawyer would do it right the first time. I know people who have been busted for possesion, and there cases were aslo dismissed, but they have a valid FOID. I know you can appeal it with the governors office, but good luck with that. Well at least your wife can buy you a gun. Hope everything ends up working out in your favor.

**Spats McGee** · November 1, 2011, 02:20 PM

axialf, good luck. I hope you get this cleared up, and in your favor.

Stressfire · November 1, 2011, 02:33 PM

I feel for you.

Not the same as the FOID situation, but I got put on a hold for my first ever purchase. Took 5 days for Feds to get back with the NICS check, I was trying to purchase at a show, so dealer's home turf was way too far to travel.

Waited another month for my CCW approval sweating over what would show up and/or discount me. I was a dumb college kid myself

Layman's opinion - if the charge was dismissed, you should have no problem with appealing it, talk to your lawyer.

Good luck!

Indi · November 1, 2011, 02:56 PM

Yeah every purchase ive made ive had to wait, 3days later i get to go pick up my new gun. If NICS doesnt give the LGS an answer within three days they can legally give the buyer the gun. Ive been in a gun shop when NICS called 5 days later and said NO, but it was too late the gunshop already handed the AK over..... they were debating on who gets to go to the guys house and retieve the rifle......lol no one did.

axialif · November 1, 2011, 04:59 PM

Alright, it has been an exhausting few hours. I called ISP's FOID #, and was put on the mandatory 40 minute hold. 40 minutes later, it disconnected.

Attempt #2, I am more prepared. I have the cordless phone with the headset plugged in. I am walking around the house, and go to sit down. I disconnect the phone.

Aattempt #3, I decide to use the headset/cordless combo, however, this time I use the recumbent bike while holding (made time fly actually). A nice woman answered, and looked at my info. Apperantly they somehow have me in their system as a felony on a marijuana possession case in 1998. She even noted the case number is a misdemenor number, but I will need to fax in the official court docket.

I race to the county building, and am directed to the basement archive section. The gentleman was very helpful, and had to refer to the microfilm to find my docket. It cost me $6 to get it notorized just to cover my bases.

Next, I had to go to Kinko's to fax it to the ISP's EAS department. That ended up costing me another $4.

So far, I am in this FOID card for a total of $20, plus a lot of gas and time on hold. It frustrates me that this is not my fault, but heck, as long as they send me the dang thing, then who cares.

I am planning on calling tomorrow to see if they received my fax. I am currently on temporary disability, so time is of no concern. Hopefully my next post will be a positive one after tomorrow's discussion.

Thanks for everyone's time and concerns.

BGutzman · November 1, 2011, 05:19 PM

If you have ever worked closely with the government you will quickly note that it has a sprinkling of really good, smart people who work hard to get the job done and a vast selection of incompentent underachievers who view the work they are doing as a free paycheck that is, when you can pry them away from whatever game they are playing or newspaper they are reading.

My guess is your paper work is in the hands of one of the underachievers.

Patriot86 · November 1, 2011, 09:50 PM

Thats scary that you are in the system as a Felon when you are not...I would perhaps expect to be "denied' or "delayed' when you buy your first gun too if the system is screwed up. Hopefully this all works itself out and you have your FOID and guns in the next few months.

Wyoredman · November 1, 2011, 10:00 PM

This whole story is messed up! I need to quit reading, I'm becomeing very agitated. This whole things stinks of bureaucrats and red tape. When did our Constitution get tossed aside because some ding-dong (I'm trying to be nicw) clerk typed somthing wrong into a computer? Good luck axailif!

Davey · November 2, 2011, 02:21 AM

Quote:

I am planning on calling tomorrow to see if they received my fax. I am currently on temporary disability, so time is of no concern. Hopefully my next post will be a positive one after tomorrow's discussion.

Please please don't get lazy. Stay on them like flies on crap. Call them everyday. Multiple times a day. Make the FOID office hate your guts. Give them nightmares. Call your state rep and ask, demand if needed, for assistance. We have to show them that we IL citizens won't stand for them taking carrot cuffing breaks whenever they want.

By the way, join us at Illinoiscarry.com. We need you.

American Made · November 2, 2011, 08:06 AM

What a mess!

I've witnessed people get denied by NICS for some real silly reasons. And it is up the person denied to prove their/NICS's mistake. This can take months or years.

I knew someone that had to get the State police involved.. the sheriff, and his congress rep just to have his 'confirmed denial' overturned. During this whole process, he applied for his CCW permit and was approved by the State police - that run the same federal check.

**Spats McGee** · November 2, 2011, 09:25 AM

Quote:

Originally Posted by Davey

Please please don't get lazy. Stay on them like flies on crap. Call them everyday. Multiple times a day. Make the FOID office hate your guts. Give them nightmares. Call your state rep and ask, demand if needed, for assistance. We have to show them that we IL citizens won't stand for them taking carrot cuffing breaks whenever they want.

This. Even some of us in less restrictive states are itching to see the restrictions in places like IL lifted. That won't happen if nobody there complains.

axialif · November 2, 2011, 09:52 AM

There is no lazy in these bones

I called first thing this morning and waited in the holding pattern for 30 minutes. I spoke with a really nice woman that actually put me on hold to PHYSICALLY WALK over to get my fax. She had it in her hand as we went over it together to make sure that was what they needed. It was!!!

Now for the fun part. My fax will get scanned into a computer, and then emailed to someone(1-3 days). That someone will have to sign off on the "correction", and then he will MAIL it to Romeoville where the cards are printed (7-10 days). Once Romeoville gets my info, they will print my card off and send it to me (7-10 days).

So........ for all of you math geniuses, I could wait up to 23 more days to receive my physical FOID card. That is 73 days total from when I sent the app in, and 63 from the date my check cleared.

I feel good that at least my card will one day be at my home, however, are you kidding me? This wasn't even my initial fear of being labeled "mentally deficient", it was for a misdemeanor marijuana possession charge from 1998 (I was in college)

Hopefully by the time my card expires, I will be in another state, or there will be no more FOID card to renew.

Wyoredman · November 2, 2011, 10:00 AM

Call them in three days. Make sure it got email. Then call them again in 10 days and make sure correction got signed, then call again in 7 days and make sure Romeoville recieved it and is acting on it. Also, document your calls so you can show your State Rep, and anyone else if it comes to that, the hassel you have been through. Sickem'!

axialif · November 2, 2011, 10:02 AM

I will definately fart in their general direction every few days. I am not the most patient of people.

Davey · November 2, 2011, 05:43 PM

Call every day. FOID act calls for thirty days. Times up!

axialif · November 7, 2011, 12:47 PM

The FOID card has landed. Kind of seems anticlimactic since I have been going to the shooting range 3x a week, and just got done reloading 200 rounds for my 9mm, but nonetheless, it is here.

By the way, the date on it is "10/01/21".

Thanks again guys

orangello · November 7, 2011, 04:53 PM

Congratulations on finally getting your card and thanks for providing this cautionary tale.

I have been drooling over a nice teaching position posted in southern IL, but thoughts of the FOID bs gave me great pause. It sounds like a nice smaller town with nice demographics and a nice school, but i think i will keep looking for something in a more free area.

Stressfire · November 7, 2011, 04:57 PM

Congrats!

Quote:

I have been drooling over a nice teaching position posted in southern IL

Indeed, I was looking at jobs Chicago for a short period of time myself.

November 1, 2011, 02:20 PM	#27
Spats McGee Staff Join Date: July 28, 2010 Location: Arkansas Posts: 8,821	axialf, good luck. I hope you get this cleared up, and in your favor. __________________ I'm a lawyer, but I'm not your lawyer. If you need some honest-to-goodness legal advice, go buy some.

November 1, 2011, 02:33 PM	#28
Stressfire Senior Member Join Date: June 16, 2011 Location: Ohio Posts: 1,497	I feel for you. Not the same as the FOID situation, but I got put on a hold for my first ever purchase. Took 5 days for Feds to get back with the NICS check, I was trying to purchase at a show, so dealer's home turf was way too far to travel. Waited another month for my CCW approval sweating over what would show up and/or discount me. I was a dumb college kid myself Layman's opinion - if the charge was dismissed, you should have no problem with appealing it, talk to your lawyer. Good luck! __________________ "The best diplomat I know is a fully charged phaser bank" - Montgomery Scott

November 1, 2011, 05:19 PM	#31
BGutzman Senior Member Join Date: December 4, 2009 Location: Frozen Tundra Posts: 2,414	If you have ever worked closely with the government you will quickly note that it has a sprinkling of really good, smart people who work hard to get the job done and a vast selection of incompentent underachievers who view the work they are doing as a free paycheck that is, when you can pry them away from whatever game they are playing or newspaper they are reading. My guess is your paper work is in the hands of one of the underachievers. __________________ Molon Labe

November 1, 2011, 10:00 PM	#33
Wyoredman Senior Member Join Date: September 6, 2011 Location: Wyoming Posts: 1,350	This whole story is messed up! I need to quit reading, I'm becomeing very agitated. This whole things stinks of bureaucrats and red tape. When did our Constitution get tossed aside because some ding-dong (I'm trying to be nicw) clerk typed somthing wrong into a computer? Good luck axailif! __________________ Go Pokes! Go Rams!

November 2, 2011, 10:00 AM	#38
Wyoredman Senior Member Join Date: September 6, 2011 Location: Wyoming Posts: 1,350	Call them in three days. Make sure it got email. Then call them again in 10 days and make sure correction got signed, then call again in 7 days and make sure Romeoville recieved it and is acting on it. Also, document your calls so you can show your State Rep, and anyone else if it comes to that, the hassel you have been through. Sickem'! __________________ Go Pokes! Go Rams!

November 1, 2011, 02:17 PM	#26
Indi Senior Member Join Date: October 23, 2011 Location: Oklahoma Posts: 231	WOW, a case from 13 years ago is coming back to haunt you. If you want to get it exspunged you can do it your self, or pay a lawyer and have him do it. Me and my buddy went to the Daley center and recieved help from some, i guess interns, with the paperwork. The only problem was my buddy got all of his history expunged, I didnt because of some public intoxication sitation. A lawyer would do it right the first time. I know people who have been busted for possesion, and there cases were aslo dismissed, but they have a valid FOID. I know you can appeal it with the governors office, but good luck with that. Well at least your wife can buy you a gun. Hope everything ends up working out in your favor.

November 1, 2011, 02:56 PM	#29
Indi Senior Member Join Date: October 23, 2011 Location: Oklahoma Posts: 231	Yeah every purchase ive made ive had to wait, 3days later i get to go pick up my new gun. If NICS doesnt give the LGS an answer within three days they can legally give the buyer the gun. Ive been in a gun shop when NICS called 5 days later and said NO, but it was too late the gunshop already handed the AK over..... they were debating on who gets to go to the guys house and retieve the rifle......lol no one did.

November 1, 2011, 04:59 PM	#30
axialif Junior Member Join Date: October 30, 2011 Posts: 8	Alright, it has been an exhausting few hours. I called ISP's FOID #, and was put on the mandatory 40 minute hold. 40 minutes later, it disconnected. Attempt #2, I am more prepared. I have the cordless phone with the headset plugged in. I am walking around the house, and go to sit down. I disconnect the phone. Aattempt #3, I decide to use the headset/cordless combo, however, this time I use the recumbent bike while holding (made time fly actually). A nice woman answered, and looked at my info. Apperantly they somehow have me in their system as a felony on a marijuana possession case in 1998. She even noted the case number is a misdemenor number, but I will need to fax in the official court docket. I race to the county building, and am directed to the basement archive section. The gentleman was very helpful, and had to refer to the microfilm to find my docket. It cost me $6 to get it notorized just to cover my bases. Next, I had to go to Kinko's to fax it to the ISP's EAS department. That ended up costing me another $4. So far, I am in this FOID card for a total of $20, plus a lot of gas and time on hold. It frustrates me that this is not my fault, but heck, as long as they send me the dang thing, then who cares. I am planning on calling tomorrow to see if they received my fax. I am currently on temporary disability, so time is of no concern. Hopefully my next post will be a positive one after tomorrow's discussion. Thanks for everyone's time and concerns.

November 1, 2011, 09:50 PM	#32
Patriot86 Senior Member Join Date: December 23, 2010 Location: Chicagoland Posts: 1,293	Thats scary that you are in the system as a Felon when you are not...I would perhaps expect to be "denied' or "delayed' when you buy your first gun too if the system is screwed up. Hopefully this all works itself out and you have your FOID and guns in the next few months.

November 2, 2011, 08:06 AM	#35
American Made Member Join Date: September 21, 2011 Location: Idaho Posts: 92	What a mess! I've witnessed people get denied by NICS for some real silly reasons. And it is up the person denied to prove their/NICS's mistake. This can take months or years. I knew someone that had to get the State police involved.. the sheriff, and his congress rep just to have his 'confirmed denial' overturned. During this whole process, he applied for his CCW permit and was approved by the State police - that run the same federal check.

November 2, 2011, 09:52 AM	#37
axialif Junior Member Join Date: October 30, 2011 Posts: 8	There is no lazy in these bones I called first thing this morning and waited in the holding pattern for 30 minutes. I spoke with a really nice woman that actually put me on hold to PHYSICALLY WALK over to get my fax. She had it in her hand as we went over it together to make sure that was what they needed. It was!!! Now for the fun part. My fax will get scanned into a computer, and then emailed to someone(1-3 days). That someone will have to sign off on the "correction", and then he will MAIL it to Romeoville where the cards are printed (7-10 days). Once Romeoville gets my info, they will print my card off and send it to me (7-10 days). So........ for all of you math geniuses, I could wait up to 23 more days to receive my physical FOID card. That is 73 days total from when I sent the app in, and 63 from the date my check cleared. I feel good that at least my card will one day be at my home, however, are you kidding me? This wasn't even my initial fear of being labeled "mentally deficient", it was for a misdemeanor marijuana possession charge from 1998 (I was in college) Hopefully by the time my card expires, I will be in another state, or there will be no more FOID card to renew.

November 2, 2011, 10:02 AM	#39
axialif Junior Member Join Date: October 30, 2011 Posts: 8	I will definately fart in their general direction every few days. I am not the most patient of people.

November 2, 2011, 05:43 PM	#40
Davey Senior Member Join Date: August 2, 2010 Location: Not far enough from Chicago Posts: 394	Call every day. FOID act calls for thirty days. Times up!

November 7, 2011, 12:47 PM	#41
axialif Junior Member Join Date: October 30, 2011 Posts: 8	The FOID card has landed. Kind of seems anticlimactic since I have been going to the shooting range 3x a week, and just got done reloading 200 rounds for my 9mm, but nonetheless, it is here. By the way, the date on it is "10/01/21". Thanks again guys

November 7, 2011, 04:53 PM	#42
orangello Senior Member Join Date: February 25, 2009 Posts: 566	Congratulations on finally getting your card and thanks for providing this cautionary tale. I have been drooling over a nice teaching position posted in southern IL, but thoughts of the FOID bs gave me great pause. It sounds like a nice smaller town with nice demographics and a nice school, but i think i will keep looking for something in a more free area.

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