Petition for FOID Card in Illinois

lawstudent · April 18, 2014, 04:48 PM

Hi, would anyone mind sending me a sample petition to the Circuit Court appealing the Illinois State Police’s denial of a convicted felon’s FOID card application? I'm trying to file a petition on behalf of my client, but I'm not sure what information to include on the petition itself.

Thank you!

**Spats McGee** · April 18, 2014, 05:04 PM

Welcome to TFL, lawstudent!

I don't know for certain that any of the lawyers here are from Illinois, so I'm not sure any of us has an Illinois petition like the one you describe on hand. With that said, a quick Westlaw search on "felon and FOID" turned up a couple of cases.

For example:
Hiland v. Trent, 373 Ill. App. 3d 582, 868 N.E.2d 396 (2007)
Martin v. Office of State's Attorney of Cook Cnty., 2011 IL App (1st) 102718, 959 N.E.2d 1264

Perhaps you could pull the petitions from the records of the appellate courts on those?

Luger_carbine · April 19, 2014, 11:33 AM

I think you would be better off posting on the IllinoisCarry forum:

http://illinoiscarry.com/forum/index.php?showforum=3

I think they even have a few topics that deal with this very question.

wally626 · April 20, 2014, 06:32 AM

Just a question, but under what circumstances would a convicted felon be allowed a FOID card since they are in general forbidden from owning guns? I would assume one that has had their civil rights restored, but any other circumstance?

2ndsojourn · April 21, 2014, 06:49 AM

^^^ If the procedure to get a FOID card in Illinois is anything like New Jersey, forget it. It's much the same procedure for buying a gun.

Armed_Chicagoan · April 21, 2014, 06:57 AM

The procedure is nothing like that in NJ. No fingerprints, no meeting with local or state police, no multiple forms to fill out. Just fill out a form that is similar to a 4473 and send it in along with $10. 3-6 weeks later (the wait has gone down a lot since last year) you get your FOID which is good for 10 years.

A PITA and probably unconstitutional, but not nearly as bad as some would lead you to believe.

April 18, 2014, 04:48 PM	#1
lawstudent Junior Member Join Date: April 18, 2014 Posts: 1	Petition for FOID Card in Illinois Hi, would anyone mind sending me a sample petition to the Circuit Court appealing the Illinois State Police’s denial of a convicted felon’s FOID card application? I'm trying to file a petition on behalf of my client, but I'm not sure what information to include on the petition itself. Thank you!

April 18, 2014, 05:04 PM	#2
Spats McGee Staff Join Date: July 28, 2010 Location: Arkansas Posts: 8,821	Welcome to TFL, lawstudent! I don't know for certain that any of the lawyers here are from Illinois, so I'm not sure any of us has an Illinois petition like the one you describe on hand. With that said, a quick Westlaw search on "felon and FOID" turned up a couple of cases. For example: Hiland v. Trent, 373 Ill. App. 3d 582, 868 N.E.2d 396 (2007) Martin v. Office of State's Attorney of Cook Cnty., 2011 IL App (1st) 102718, 959 N.E.2d 1264 Perhaps you could pull the petitions from the records of the appellate courts on those? __________________ I'm a lawyer, but I'm not your lawyer. If you need some honest-to-goodness legal advice, go buy some.

April 19, 2014, 11:33 AM	#3
Luger_carbine Senior Member Join Date: June 18, 2012 Posts: 389	I think you would be better off posting on the IllinoisCarry forum: http://illinoiscarry.com/forum/index.php?showforum=3 I think they even have a few topics that deal with this very question.

April 20, 2014, 06:32 AM	#4
wally626 Senior Member Join Date: July 31, 2009 Posts: 642	Just a question, but under what circumstances would a convicted felon be allowed a FOID card since they are in general forbidden from owning guns? I would assume one that has had their civil rights restored, but any other circumstance?

April 21, 2014, 06:49 AM	#5
2ndsojourn Senior Member Join Date: January 15, 2013 Location: South Jersey Posts: 1,416	^^^ If the procedure to get a FOID card in Illinois is anything like New Jersey, forget it. It's much the same procedure for buying a gun.

April 21, 2014, 06:57 AM	#6
Armed_Chicagoan Senior Member Join Date: July 18, 2013 Location: Albany Park, Chicago Posts: 776	The procedure is nothing like that in NJ. No fingerprints, no meeting with local or state police, no multiple forms to fill out. Just fill out a form that is similar to a 4473 and send it in along with $10. 3-6 weeks later (the wait has gone down a lot since last year) you get your FOID which is good for 10 years. A PITA and probably unconstitutional, but not nearly as bad as some would lead you to believe.