denyed IL FOID card

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whm1974

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Ok as some of you know from another thread I appyed for an IL FOID card. I just got a letter in the mail today stating that I'm denyed because of a felony conviction in '98. Well that was reduced to a misdemeanor in 2000 when I got off probation. However I did firgured that I would have to jump through a few hoops because off this.

Well the good news is I can either wait four years for some sort of "review process" or send the ISP certified copies of the court records. How many here had to go through somthing like this to legally own firearms in this state? Do I have to get a lawyer?

Bill Meadows
 
I don't think you'll need a lawyer if you can provide the copies they ask for. However, there is one other area to worry about - Federal law. Make sure that NICS is aware of the reduction in your offence, otherwise not only will they deny your request to purchase a firearm, but they might refer the case to the ATFE for Federal prosecution. Once they know about the reduction, of course, you'll be good to go - but why look for trouble in advance?

If you're in doubt as to how to contact NICS, get hold of your local dealer and ask him/her to provide a contact number at NICS for you to call. He/she can do this by simply phoning NICS, explaining the problem, and asking them for the number for the relevant office.
 
Thanks preacherman. I thinks onch I get this cleared up and go shopping for a gun I'll show the dealer a copy of the court record just in case.

I just knew I'll have some hoops to jump thourgh.

Bill Meadows
 
Would you need a lawyer to get the records?

Or is that something you can get from the Clerk of Courts? They may charge you for the copies, but that's considerably cheaper than retaining an attorney.
 
Bill,
If NICS denys you, showing the dealer a copy of the correct court record will be meaningless. He still can't sell you the weapon. Got to the courthouse and get copies of the complete record. Send it to the ISP so they can update your files. Most likely the downgrading of the conviction to a misdemeanor was never entered into the criminal history file in NCIC. They may be able to do this at the courthouse. But send the records to the ISP.

I hate to say it, but it's entirely possible that when you completed probation, the court never took action to change the record. Hopefully you have it in writing in a plea agreement or your probation papers. The first place to start will be the courthouse.

HTH
Jeff
 
hate to say it, but it's entirely possible that when you completed probation, the court never took action to change the record. Hopefully you have it in writing in a plea agreement or your probation papers. The first place to start will be the courthouse.
Click to expand...

Well the Public Defender's office sent me the court papers showing that that my charge has been reduced to a misdemeanor and I changed probation officers during probation. The judge even sent me a letter after I completed probation thanking me for being a model probatene.

When I went to the PD office to get this change and called back the next day they told me it was reduced to a misdeanor. I then ask them to send me a copy of the court record stating this and they did.

Bill Meadows

Edited to delete personal information.
Jeff
 
Also watch out for that sneaky federal language that sa7ys that if the cruime "could have resulted" in incarceration for longer than one year you are also restricted from owning or possessing a firearm.

The problem is that as the legislatures have increased sentencing guidelines in response to public opinion or soft judges, the federal guideline has stayed stagnant. As an example, look at Martha Stewart.

She is looking at several years in jail for the heinous crime of lying. :what: No body count. No theft. No destruction. Just the hurt feelings of a federal prosecutor.
 
Also watch out for that sneaky federal language that sa7ys that if the cruime "could have resulted" in incarceration for longer than one year you are also restricted from owning or possessing a firearm.
Click to expand...

From looking at IL laws on the web I think that a class B Misdemeanor is somthing like 30 days to six months. So I'm safe on that, but I'll keep your advice in mind.

I'm wondering if it is possiable to to be able to legally own a gun but not to legally buy one?
I mean IL can give me a FOID card but under Federal law a FFL holder can't sell me a gun but I can process one. I know this sounds kind of weird but...

Bill Meadows
 
I'm wondering if it is possiable to to be able to legally own a gun but not to legally buy one?
Click to expand...
No. There was a thread on this board a while back wherein a guy who had a record was hunting on his own land and was arrested for being a felon in possession of a firearm.
 
No. There was a thread on this board a while back wherein a guy who had a record was hunting on his own land and was arrested for being a felon in possession of a firearm.
Click to expand...

Yes, but I'm no longer a felon... Loopholes in laws are open both ways.

Bill Meadows
 
I've never heard of this before....convicted of a felony and then having the charges reduced if you complete probation? Is this something new?

That's some scary ----
 
Wondernine,
It's fairly common in plea agreements and such here in Southern Illinois. Plead to a felony, do the probation, charges on permanent record lowered to misdeameanor or in some cases even dismissed. It's an incentive to be good while on probation.

Jeff
 
I know someone who was convicted of a felony but the judge said if they completed 10 years of probation it would be defered adjudication with no criminal record.

He completed the 10 years and is now a free man with the same rights as a non-felon
 
He completed the 10 years and is now a free man with the same rights as a non-felon
Click to expand...

That's along time to spend on probation. Most people probley couldn't do it.

Bill Meadows
 
I knew a guy that did drug/alcohol counseling

He worked with the courts a lot...

He always said that they (court system)screw up about half the paperwork that they process.....

And they take little /no reponsibility...you are on your own
 
whm1974 wrote:
I'm wondering if it is possiable to to be able to legally own a gun but not to legally buy one?
Click to expand...
Jimpeel replied:
No. There was a thread on this board a while back wherein a guy who had a record was hunting on his own land and was arrested for being a felon in possession of a firearm.
Click to expand...

So what if a parent gives their son\daughter a firearm? That would be one instance where it would be possiable, however I think that that is specific to that situation...
Nick
 
So what if a parent gives their son\daughter a firearm? That would be one instance where it would be possiable, however I think that that is specific to that situation...
Click to expand...
If the son/daughter is an ex-felon, they may not possess, hold, shoot, carry, feel, touch, own, buy, receive, handle, or fondle a firearm of any type, configuration, pattern, or style.

If they do, they are likely to have themselves another felony -- this time on the federal side.
 
A trip to the local ISP district headquarters might be a good idea. Take all your paperwork and explain your situation to a local trooper. They MIGHT be able to help speed up the process or give you the specific person you’ll need to talk to in Springfield. If you’re close a trip to Springfield might be worth the effort. I’ve found you get better results if they have to deal with you in person, rather than over the phone.

Good luck.

six
 
A trip to the local ISP district headquarters might be a good idea. Take all your paperwork and explain your situation to a local trooper. They MIGHT be able to help speed up the process or give you the specific person you’ll need to talk to in Springfield. If you’re close a trip to Springfield might be worth the effort. I’ve found you get better results if they have to deal with you in person, rather than over the phone.
Click to expand...

Thanks there is a ISP location not far from where I live, but Springfield is pretty far for me since I ride a bicycle. How come the ISP don't have an 800 number?

On another note do I send a copy of the court record, or do I reapply with the a copy of the court record attached?

Bill Meadows
 
Bill, I don't think any of us know enough with any certainty to be able to answer that kind of question. I think the best move at this point would be to call the ISP and ask someone there what the next step should be - you could always cite the questions/points raised in this thread as well.

Good luck!
 
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