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Old October 30, 2011, 09:41 PM   #1
axialif
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How do I go about appealing a FOID denial

I have not yet received the denial, but I am pretty sure it is coming. My wife and I sent our applications in on the same day, and our checks cashed around the same day as well. She received her card within 3 weeks.

I began thinking, and then my heart sunk. Since Jan 2010, I have had 4 major lower back surgeries. I am a 33 year old male who was previously healthy, but had Degenerative Disc Disease. It got bad enough that I required a 2 level fusion to feel some pain relief.

After the long recovery (8 months), my pain symptoms were worse. I ended up getting another major spine surgery (laminectomy w/ ligament removal). Incidentally, they tore my dural sac while they were in there. That required another major operation a week later that kept me in the hospital for a while.

I ended up getting a spinal infection, and had to go home with a PICC line for antibiotic infusions 2x daily. My pain was unbearable, and my surgeon told me that I needed to look into disability full time. I was devastated.

A man loses a lot of pride through these types of ordeals, and I was at an all time low. My wife was having to bear the weight of the house duties as well as taking care of me. I was really depressed, and went to see a counselor.

Herein lies the problem. I never told her I was going to kill myself, but I said that if I was ever even contemplating it, I would seek help, which I did. I ended up feeling better after talking for a few sessions, so I no longer needed to go. She never thought I was a danger to myself, and always let me leave on my own.

I ended up having another major surgery which seems to have taken care of things. I am able to move freely and am not taking pain medications. I am returning to work in November, and things are looking great.

However, I think I may be flagged for seeing a LCSW. Is there any way I can appeal that? I am not, nor have I been suicidal. If someone could point me towards the right documents/procedures, I would really appreciate it.
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Old October 30, 2011, 10:57 PM   #2
Davey
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Based on your story you should not be denied your FOID card.

It's possible that yours is delayed simply due to the virtue of things being delayed. It's possible someone with your name has a shady history and they are having to dig deeper. Call into the FOID line. There should be an automated message of the current turn around times and the cut off time as to when you should bother to call back in for a status check on your application. If you are beyond that point call your state rep and tell him or her state police is dragging their ass.

Who is your rep by the way? Hopefully it's not one of crappy ones.
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Old October 30, 2011, 11:11 PM   #3
axialif
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Thank you for the quick reply. Rich Brauer is my rep, so I am not sure what to make of that.

I'm losing a lot of sleep over this. I am checking the mail like nobody's business.
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Old October 30, 2011, 11:47 PM   #4
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Bauer is a co sponsor of hb148, our cc bill. He should be able to get the ISP's ass in gear. Only call him though if you are past the time stated on the FOID line automated message.

If you are past the time don't bother talking to anyone there. Call Bauer immediately.

By the way join us at Illinoiscarry.com/forum.
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Old October 30, 2011, 11:50 PM   #5
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Also I should clarify. I believe the timer starts once your check is cashed not when you mail the application or even when they receive it. The ISP will tell you for sure.
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Old October 31, 2011, 05:44 AM   #6
C0untZer0
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Well first of all there really isn't a timer. There is only the expected wait which the ISP puts on their answering message, and there are two different messages. There is a lot of confusion at ISP as to when that wait starts - confusion among the employees that is, but I was told by an ISP employee that the wait was 68 days - not from the time when the check was cashed, but from the time the processing department receives the paperwork.



http://thefiringline.com/forums/show...highlight=foid

It's quite an ordeal I know...
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Old October 31, 2011, 05:57 AM   #7
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Also just to let you know...

It only takes 1 FOID card . So, your wife can purchase firearms, ammo, and you both can access a range - just using her FOID card. Also a married couple is a legal entity - it's not like if she purchases a firearm for you it's a straw purchase or anything like that.

I am very surprised she got a card in 3 weeks. That is a fluke. It took me almost 4 months just to renew my FOID from the time I mailed the application to the time I received the card.
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Old October 31, 2011, 12:25 PM   #8
Patriot86
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I got my FOID card in almost exactly 30 days from when the check was cashed, my wife applied 6 months later and took almost 70o don't read so much into the fact you don't have yours yet. Like others have suggested, someone with your same name or last name may have a past so they may be looking more closely.

Honestly I am surprised mine came back as quick as it did, My father and I have the same name but (obviously) different DOB's and lived in the same house for about a year when I first moved back to Illinois in 07. He did some really dumb stuff during my parents divorce and ended up with an order of protection out against him, I am surprised the ISP did not take there time looking into it.


That being said, we have a mentally unstable guy who I work with, he has been to anger management MULTIPLE times, gotten arrested (but charges dismissed) MULTIPLE times and also has MULTIPLE DUI's....he got his FOID without issue too....


Im starting to think the ISP isin't exactly tackling the FOID department with their top notch A+ officers...
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Old October 31, 2011, 12:38 PM   #9
Don H
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Quote:
Originally Posted by C0untZer0
Also a married couple is a legal entity - it's not like if she purchases a firearm for you it's a straw purchase or anything like that.
There's nothing in federal law that makes any exceptions for married couples regarding the purchase of firearms; it's just as legal for me to buy a firearm for the guy down the street as it is for me to buy one for my wife, as long as neither is a prohibited person. Likewise, if my wife were a prohibited person, it would not be legal for me to buy or provide her with a firearm. Marriage is not a factor in the firearms purchase process.
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Old October 31, 2011, 06:53 PM   #10
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By timer i meant time it takes to get the card out. Sometimes I get lazy whn typing on my iPad
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Old October 31, 2011, 07:04 PM   #11
axialif
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Checked the mail today, still nothing. The anxiety is not good for my heart, and this is what I'm starting to feel like


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Old October 31, 2011, 07:06 PM   #12
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Gun!? You'll shoot your eye out kid!
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Old October 31, 2011, 07:13 PM   #13
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What is this FOID you speak of?
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Old October 31, 2011, 07:41 PM   #14
sigcurious
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Seventh, Firearm Owners ID.

It took awhile for mine to come, but less than I was anticipating. 5-6 weeks if I recall. Wait it out a bit longer, probably just lost in the paperwork shuffle over at the state offices. Fortunately, if you live in Chicago while the process for the CFP is a pain, they seem to turn it around quite quickly.
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Old October 31, 2011, 07:54 PM   #15
C0untZer0
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If you think waiting for a FOID card is bad - try waiting for judge Sue Myerscourt to hand down a ruling about the constitutionality of Illinois UUW/firearms laws.
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Old October 31, 2011, 08:06 PM   #16
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I can't imagine living somewhere that you have to get approved to own a firearm. That is insane!!
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Old October 31, 2011, 08:32 PM   #17
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Illinois has half way OK gun laws besides the FOID, way better than CA, MA, NJ or NY. Besides certain suburbs of Chicago and Chicago itself we have no AWB, no ammo restrictions (beyond AP ammo if memory serves) none of this "if the magazine is loaded, the gun is loaded" crap like in California and yes we can even buy hollow point ammo.
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Old October 31, 2011, 08:58 PM   #18
Indi
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I lived in Chicago, moved to Oklahoma 1.5 years ago. Loved the city but wont move back. I hate the fact that chicagoins have to have a city permit to own a firearm in the city. Your FOID is not good enough for the city of chicago. plus you only have 30 days from purchase your to register firearm with the city, after that time frame you cannot register your firearm anymore. They have simple firearm transportation laws.


axialif im sure you will get your foid soon, sometimes it takes a while.
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Old October 31, 2011, 09:16 PM   #19
Davey
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Regarding Patriots comments on IL in general...

IL also has very good self defense laws in place. Basically castle doctrine without calling it castle doctrine, from what I understand of castle doctrine anyway. No duty to retreat nonsense here.

Also protection from liability when using deadly force in self defense.
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Old October 31, 2011, 09:20 PM   #20
Indi
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Chicago and IL are to very different places. Lets say Cook County and IL are two very different places. Cook County you can not own anything that is fun.
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Old October 31, 2011, 09:26 PM   #21
Davey
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"I can't imagine living somewhere that you have to get approved to own a firearm. That is insane!!"

Apparently at the time the powers that be we're debating registration vs the FOID. Id rather have the FOID.
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Old October 31, 2011, 09:45 PM   #22
Indi
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I enjoy having neither. My DL can get all that done, at the LGS. At gun shows all you need is cash. Im glad i got out of the Union of Soviet Socialist Chicago! june 28, 2010 Chicago made it legal to register a handgun in the city of chicago by ordinary citizens. Before that you couldnt register a hand gun. And an unregistered gun in Chicago is a big no no.
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Old October 31, 2011, 10:31 PM   #23
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In Chicago we're litigating cases that could shape gun laws for the whole country.

I am grateful to Dick Heller, George Lyon, Tracey Ambeau, Gillian St. Lawrence,Tom Palmer, and Shelly Parker who brought their suit against DC, as well as Alan Gura, and Robert A. Levy - counsel for Heller. If those six plaintiffs had decided to just move rather than fighting the gun ban, there would be no DC v. Heller - It was the first Supreme Court case in United States history to decide whether the Second Amendment protects an individual right to keep and bear arms for self defense.

The Heller decision did not address the question of whether the Second Amendment extends beyond federal enclaves to the states which was addressed later by McDonald v. Chicago.

I'm grateful to Otis McDonald.

I'm grateful to both Mary Shepard and Superintendent Michael Moore who brought their cases forward challenging Illinois carry ban.
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Old November 1, 2011, 12:26 PM   #24
mm44
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axialif, Went through the same deal, mailed wifes and my foi card renewal the same day. She recieved hers within three weeks, mine took two months.
They have a backlog in Springfield as they say. It's not you, they can be slow.
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Old November 1, 2011, 02:10 PM   #25
axialif
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It's totally me. I called the status line today, and was told I was being sent a denial letter. Of course I asked why, and she said it was something about an arrest I had in 1998. The arrest was for Possession of Drug Paraphanalia (Class A Misdemeanor)

I went to the Circuit Clerk's, and found that charge was dismissed. I don't know what to do now. I am on hold AGAIN with ISP to see what I need to do to get this satisfied.

Also, I have an appt with an attorney tomorrow to see if I can get it expunged quicker than ISP will be to "investigate".

I can't believe it, I am in shock. A punk college kid getting caught with some weed 13 years ago means I am not worthy of holding a FOID card.
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