blazerboy813
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Now don't get me wrong. If I was incarcerated or convicted of a more serious crime I could agree with you but I was not. I simply payed a fine and walked out.
Can i get a foid card with a felony???
- Thread starter blazerboy813
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That's for sure. Look at that guy in New Jersey who went to prison basically for moving with his guns! In Ohio, up until this September, I could legally carry my loaded handgun in a backpack on the passenger seat of my car, but if I laid my jacket on the backpack and covered it up I committed a felony. Thankfully that's now been changed but it shows your point.
BK
Member
Oh. I did not know that Illinois judges were the ones reviewing FOID applications. My point was that if it shows up on a BGC, kiss your chances goodbye.
The whole "prohibited persons" status,and how little is required to beyond the list vs.how much OS to get off of it convinces me of this:
This law needs to go-and it needs to be disobeyed.The "designated enforcers"of this are scum.They willingly sought out a career removing the rights and property of those we all agree should not be in a free society.My own situation has placed me in a "grey area"-I am still unconvinced of any restrictions on the RKBA that came post 1934 are valid morally or legally.
This law needs to go-and it needs to be disobeyed.The "designated enforcers"of this are scum.They willingly sought out a career removing the rights and property of those we all agree should not be in a free society.My own situation has placed me in a "grey area"-I am still unconvinced of any restrictions on the RKBA that came post 1934 are valid morally or legally.
JTHunter
Member
bikemutt - it's all too easy to get "screwed" by the Illinois legal system. In fact, Madison and St. Clair counties (just northeast and east of St. Louis) have been called "judicial hellholes" for several years. 
Blazer - you have my sympathy. You're probably correct in your assertion about the system taking advantage of you. Your problem is more serious than mine. I had an "animal hoarder" living in a 12x60' mobile home next door to me about 20 years ago. She came out and attacked me with a metal pipe while I was on my knees working in my garden. Imagine my surprise when the police responding to my call arrested ME!!
Even with my attorney pointing out that the out-of-focus Polaroid showing a "bruise" on her arm where she alleged I grabbed her (it was a smooth-edged 2' wide band encircling her arm) did NOT match the size or shape of my hands, I still LOST!!! 
:banghead: As a result, I have a battery conviction, BUT, it is a state charge, not a felony.
In the late 90's, when I went to renew my FOID, I was denied and they asked for additional info. I had to go to the St. Clair county courthouse and get a copy of that "rap sheet" and send it to them along with a letter explaining what happened. I did exactly that and got my card several weeks later. I have not had a problem since.
Good luck!
Blazer - you have my sympathy. You're probably correct in your assertion about the system taking advantage of you. Your problem is more serious than mine. I had an "animal hoarder" living in a 12x60' mobile home next door to me about 20 years ago. She came out and attacked me with a metal pipe while I was on my knees working in my garden. Imagine my surprise when the police responding to my call arrested ME!!
Even with my attorney pointing out that the out-of-focus Polaroid showing a "bruise" on her arm where she alleged I grabbed her (it was a smooth-edged 2' wide band encircling her arm) did NOT match the size or shape of my hands, I still LOST!!! :banghead: As a result, I have a battery conviction, BUT, it is a state charge, not a felony.In the late 90's, when I went to renew my FOID, I was denied and they asked for additional info. I had to go to the St. Clair county courthouse and get a copy of that "rap sheet" and send it to them along with a letter explaining what happened. I did exactly that and got my card several weeks later. I have not had a problem since.
Good luck!
RobNDenver
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No. I am saying that pleading guilty to a felony has significant long term impacts that include a restriction on your right to keep and bear arms. I think its a shame that you pled without advice or counsel.
I am no law expert by any means, and I am not a lawyer. But if the defendant pleaded guilty to a felony and didn't have advice of counsel...(and didn't know he could have advice of counsel) was his rights violated?
In Miranda it states he has a right to counsel, was that right waived? Does the prosecutor or the court have a duty to inform the defendant that he has a right to counsel before pleading....even though he was given his Miranda warning upon arrest?
Was the defendant aware of the implications to pleading guilty? If the defendant wasn't fully aware of his rights before pleading. Would that be a basis for an appeal or overturning the verdict?
lobo9er
Member
i dunno if they do or not in NY its the judges that allow people to have ccw permits. (and you need to be a resident and have a ccw permit to own or even handle a pistol in ny) so I wasnt sure if it was similar
Davey Wavey
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Illinois judges have nothing to do with the application process.
CoRoMo
Member
That's how these threads get muddied up; crossing the processes of FOID and CCW and whatever else.
Cosmoline
Member
THIS!! Do NOT start saying yes or no to a question of that significance unless and until you have secured proper legal advice!!!
lobo9er
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true that. +1
blazerboy813
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Well I guess my next question would be is does anyone know of a good attorney in Mchenry county? apparently the ones i consultant are too busy or have no clue of what need to be done. tryed to look at the nra website but i had no luck.
BCCL
Member
"no clue what needs to be done"?
Any half-way competent attorney can handle this process.
1. File in court to have your record expunged. (if its not already. In your original post you mention you've "had your civil rights restored" a long time ago, so did you have your record expunged or not???
2. If so, or when you do, then there is a process you go through with the Illinois State Police to have you FOID returned, or a new one issued.
The following attorneys may be able to provide legal services on your expungement or sealing case at low-cost or no cost to yourself. This list is made up of attorneys who have agreed to be listed to handle such cases at a low or reduced fee or on a pro bono basis.
Scroll down for McHenry County.
http://www.state.il.us/defender/atty.html
Any half-way competent attorney can handle this process.
1. File in court to have your record expunged. (if its not already. In your original post you mention you've "had your civil rights restored" a long time ago, so did you have your record expunged or not???
2. If so, or when you do, then there is a process you go through with the Illinois State Police to have you FOID returned, or a new one issued.
The following attorneys may be able to provide legal services on your expungement or sealing case at low-cost or no cost to yourself. This list is made up of attorneys who have agreed to be listed to handle such cases at a low or reduced fee or on a pro bono basis.
Scroll down for McHenry County.
http://www.state.il.us/defender/atty.html
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blazerboy813
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Yeah you would think so. But I must THANKS!!!! for the link. It's the best info yet. I called them today and sent them all the info that they asked for. Not once have they said anything about me having to pay them. I will just need to pay the court filling fee. Cool!!!!! After this is complete I should have no problem when I go reapply. Once again. Thanks!!!!!
blazerboy813
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probably. I looked into the appeal process and it looks like you have only a small window of time to file for an appeal. This is a 13 year old case that dose not qualify for an appeal. Bummer.
BCCL
Member
Glad it helped, fingers crossed that you can get this all sorted out!
andrewstorm
member
expungement
If i'm not mistaken,the 4473 says to answer no to the felony question if you had a felony expunged,a federal judge can issue an expungement order for your felony conviction or felony arrest record as per plea deal...do call an experienced criminal attorney ,or the one you used for the expungement,and ask,..............no matter the length of time thats gone by....its either expunged or not
If i'm not mistaken,the 4473 says to answer no to the felony question if you had a felony expunged,a federal judge can issue an expungement order for your felony conviction or felony arrest record as per plea deal...do call an experienced criminal attorney ,or the one you used for the expungement,and ask,..............no matter the length of time thats gone by....its either expunged or not
bikemutt
Member
Close but not quite, a Federal judge cannot expunge a felony conviction. A State superior court (or it's equivalent) may accept a petition to have rights restored assuming the petitioner meets the requirements to do so, and the state actually has a legal procedure whereby this can be done.
Federal courts don't even deal with this stuff.
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