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IL FOID questions?

Discussion in 'Legal' started by jigglyjames29, Jan 9, 2006.

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  1. jigglyjames29

    jigglyjames29 Member

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    I'm 17 and applying for a FOID in IL. I figured I should do it now so I won't have to wait for a month after I turn 18 in February. However, last Saturday I was charged with underage consumption (a BAC of only .024). The FOID application asks the question: "Have you ever been convicted of a misdemeanor other than a traffic violation?" Since it happened only a few days ago, and I haven't been proven guilty in court, is it safe to answer with a "no"?

    Bah, I've been waiting years for this.

    Thanks for any help
     
  2. antsi

    antsi Member

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    This is not going to be the answer you wanted

    I'm not a lawyer, so I can't answer the question you were asking. But as a 17 year old, getting caught drinking, I think the last worry on your mind should be about how to mislead the state police on your FOID card application. Were you driving? If not, why did they make you blow a BAC? I'm just guessing but I bet there were about 5 to 10 irresponsible decisions on your way to that arrest. On second thought, I don't really care about the details of your encounter with alcohol and the law; that's your business. But this might be an occasion for you to reflect on the kind of responsible adult you want to be, and how you're going to get there from where you are now.
     
  3. Jeff White

    Jeff White Moderator Staff Member

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    Why have you been waiting years to get a FOID? You need your parent or guardian's signature until you are 21. If your parents will sign off on it just apply.

    It is safe to answer no to the question of if you have been convicted. However if your court date comes up before the FOID is processed and you are convicted, then it could cause you to be rejected.

    However, if it does fall through the cracks and they do issue you a FOID Card, it will most likely be revoked if you are convicted:

    http://www.ilga.gov/legislation/ilc...tName=Firearm+Owners+Identification+Card+Act.
    Realistically you've probably given up your RKBA until you are 21:
    http://www.ilga.gov/legislation/ilc...End=16200&ActName=Liquor+Control+Act+of+1934.
    You should note that the law says any alcoholic beverage it doesn't say enough to be legally intoxicated. You are in violation with a BAC of .001. I would suggest that you hire an attorney and attempt to get court supervision, so that after you successfully complete court supervision, you won't have a conviction on your record. Looks like you're going to have to wait another 90 days to a year (provided you get supervision and successfully complete it) to get a FOID card.

    Jeff
     
  4. jigglyjames29

    jigglyjames29 Member

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    Is there a difference between "consumption" and "possession" in what you posted? I had no alcohol on me. I'm pretty sure the officer told me I was charged with a clas C misdemeanor...not positive though.
     
  5. Jeff White

    Jeff White Moderator Staff Member

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    No, possession and consumption are the same.
    http://www.ilga.gov/legislation/ilc...me=LIQUOR&ActName=Liquor+Control+Act+of+1934.
    It's possible you were charged under a local ordinance instead of the state law. But Illegal Possession or Consumption is a Class A Misdemeanor under state law.

    A Class A misdemeanor is pretty serious and you can get up to a year in the county jail:
    http://www.ilga.gov/legislation/ilcs/documents/073000050k5-8-3.htm
    There is also a good chance that you'll lose your drivers license:
    http://www.ilga.gov/legislation/ilc...0&SeqEnd=83400&ActName=Illinois+Vehicle+Code.
    Offenses involving alcohol aren't considered boys being boys or just part of growing up anymore. Ever since the big crackdown on DUIs anything involving alcohol has been a big political issue and penalties have been made more severe.

    Depending on the circumstances I often refer cases like this to the parents rather then making an arrest, because it can really ruin a young person's life. I hope you're not about to learn this first hand.

    Jeff
     
  6. jigglyjames29

    jigglyjames29 Member

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    That night went by really fast. I remember the officer telling me that my license would be suspended for three months and that I didn't need a lawyer in court... does that tell you anything? I think it's a local ordiance charge from the looks of the ticket.
     
  7. Jeff White

    Jeff White Moderator Staff Member

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    You need a lawyer. Have you told your parents? If not, fess up and get their help and get a lawyer.

    If you go into court without a lawyer you can expect to get a hefty fine, plus court costs, you will have your drivers license suspended and you won't get a FOID card until you're 21.

    If you get a lawyer, you will have a good chance of getting court supervision, and if you complete that without another violation, it will be like the arrest never happened. It will be more expensive, you'll pay a fine and costs, and most circuit courts charge an additional fee for court supervision, but it's better then having your license suspended and getting no FOID card.

    Your insurance company will drop you when your license is suspended and then you'll have to pay very high rates when you get your license back. All in all a couple drinks with your friends is going to be very costly.

    Jeff
     
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