Will I be denied?

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Matt304

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Greetings everyone!

Well, I'm from Illinois, and I will be turning 21 in about one month.

I have a little situation which has me worried about when to turn in my FOID application.

My buddy turned his FOID app in about 8 months ago. When he was 18, he got a ticket for underage drinking. On the IL FOID app, if you are under 21, there is an extra box with a few extra questions. One of those questions, is "have you ever been convicted of a misdemenor other than a traffic violation?". He put yes (being 19 at the time also), and they denied him. I couldn't believe a simple drinking ticket would do this.

I'm in the same position here now, I got into a fight when I was a freshman in HS and received battery (15 years old), so I too would likely be denied if it was turned in now, as I would be checking yes there.

Now, being that I am 21 in a month, that box with the extra question(s) will disappear for me if I wait, and it will be fully answered to their liking otherwise.

My first question is, will I still be denied due to my HS fight if I wait a month until I'm 21 to turn in the app?

And my second question, are misdemenors like these strictly only a FOID barrier between ages of 18-21? For instance, will my friend be able to go and get his FOID when he turns 21?

Thanks guys and gals.
 
IANAL!!! But I did stay at a Holliday Inn Express once...
I thought misdemenors were expunged after like 3 years. I had a MIP (minor in posession of alcohol) when I was 19 and I got my CCW when I was 21. A battery charge might be different since it involves violence. I believe after a certain period of time if you kept your nose clean you can call and request to have it expunged from your record (if it's even there still).
 
Don't know, but you are in Illinois, so it's possible the authorities would associate fighting with a violent nature and Bingo! No gun for you. I gather that some parts of Illinois are much gun-friendlier that Chicago $ Cook County. You might try a casual conversation with the chief LEO with jurisdiction.

TC
 
I justed popped over to the FOID website and the way I read it was that if you were UNDER 21 then anything besides a traffic offense would be grounds for denial. I could be wrong but if you wait till your 21 then you should be fine. And welcome to The High Road!
 
Stop trying to get specific legal advice on the forum! There are far too many unanswered questions in your post to get a viable answer. Were you tried as an adult? What was the specific conviction? What was the maximum potential sentence you could have received for that conviction? Etc. etc. In addition to federal laws there may be additional state restrictions.

things you did under the age of 18 dont count. your friend failed because he admited it.
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That kind of advice will get you all kinds of interesting new roommates, boyo.
 
Thanks for the fast replies guys!

Well that is some reassurance, I had the idea I should be fine if I wait since that question disappears.

I then wouldn't be answering any questions to their disliking, and thus you would believe there would be no grounds for denial. I would assume if there still was, the yes/no question would remain.

Rustymaggot, I had a good feeling he was denied because he admitted it...I doubt anyone bothered to look into what sort of misdemenor he even received (how can drinking relate to firearms in ANY way if they did bother to check?).
 
Stop trying to get specific legal advice on the forum! There are far too many unanswered questions in your post to get a viable answer. Were you tried as an adult? What was the specific conviction? What was the maximum potential sentence you could have received for that conviction? Etc. etc. In addition to federal laws there may be additional state restrictions.
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No, I wasn't tried as an adult. I belive the maxium punishment was 6 months in a juvenille det center, not a county jail etc.

As far as I recall, the specific conviction was battery. I was on probation for a year and I thought the record should have been swiped.
 
This is not the proper place to get the information you need. You need to see a lawyer or talk with the authorities about it.
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While I understand where you're coming from, I'm not fighting a case here! I simply asked for opinions on whether or not I would be denied my FOID when I apply and when. I figured someone who was certain might just reply to this, like an enforcement officer etc.

From the overall layout of the FOID app as evidence, I feel what has been said is more than likely accurate enough for me to wait until 21 and apply, the worst that can happen is they deny it (which won't hurt my spending habits any).
 
That's specific legal advice. Why are you coming to an internet forum to get specific legal advice? If you need advice from an LEO about a FOID, go to the folks in Illinois who run the system--isn't it the state police?
 
That's specific legal advice. Why are you coming to an internet forum to get specific legal advice? If you need advice from an LEO about a FOID, go to the folks in Illinois who run the system--isn't it the state police?
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In all honesty, a law enforcement officer from another forum sent me here with a link.

I figured I could ask this question here and obtain advice. I'm sorry if I used this forum the wrong way, I didn't realize I had asked a forbidden question which it seems I did.

Also, sometimes you call a place for info and manage to get a wrong answer. I didn't want to hold a state cops word for certain when in fact they may approve me afterwards. I was hoping for words from experience here. I will call them, though, and see what they have to say.

Thanks.
 
Cosmoline, if you have a problem with him asking for advice, why post about it? He didn't ask for your opinion on asking members of a forum for legal advice. Let someone who actually has something constructive to say speak up. IMHO, I would wait until you turn 21, then you're not required to answer the "under 18" section, and you'll have no worries.
 
Cosmo, lighten up. You said your peace, now get off it. If he wants to take legal advice from an Internet forum, that's his choice. People on this board know a heck of a lot, and he just may get some good advice. If someone posts and asks specifics about a Texas CHL, I just might know the answer, so where's the harm?
 
Wait until you are 21 and you will be fine. If what you did was a misdemeanor then you can have it expunged for a fee (Its $60 in Cook County). I have had it done and have had no problems getting an FOID. I would suggest waiting until you are 21 and it will go much smoother.

Try PMing a member here named ISP2605 with a link to this thread. He is very knowledgeable on IL firearms laws and I trust his judgement.

Good luck.
 
Matt304, Hello and welcome to The High Road.

You did not ask a forbidden question. I do not know the answer to your question. Either of these sites may be able to help you.

http://www.icarry.org/index.php

http://www.illinoislovestogoshooting.org/forums/index.php?sid=e916c27380c826610f632dc36d805b40


Considering some of the misinformation out on the web ( have you been to some of the antis websites? :barf: ) many people believe that if you have a serious question with possible major life altering consequences that it is best not to get info from the web. Planning a legal defense to a murder charge based on what you read on the web is generaly considered a bad idea.:rolleyes:

I got the impression that you were looking for more of a general kind of what normally happens in this case kind of question. Sorry I could not help. Sorry if others gave you the wrong impression,you are welcome here.

NukemJim
Edited for typo by NukemJim
 
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This is what was asked, and it sure as heck ain't a "general question" about Illionis firearms law.

My first question is, will I still be denied due to my HS fight if I wait a month until I'm 21 to turn in the app?

And my second question, are misdemenors like these strictly only a FOID barrier between ages of 18-21? For instance, will my friend be able to go and get his FOID when he turns 21?
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These are SPECIFIC QUESTIONS about the individual's specific legal circumstance, and none of us have any business trying to answer them. The most anyone can give the person on this forum is their own understanding of Illinois law and where to go for more specific answers. To go beyond that and start telling him whether or not he's going to get denied is way, way beyond your pay grade and mine. Unless you're making the decision for the state of Illinois and know his record, you need to BACK OFF and stop trying to advise him. The harm from crossing this line can be very real and have a lot of zeros after it!

So I say again, if you want to talk about your understanding of Illinois law or other laws, fine. No problem. But don't try to advise him about what he should or should not do in his personal situation, other than going to see a lawyer or getting information from official sources. It's dicey and stupid to try.
 
It's always nice to see someone rant about a new person's questions. Good way to make people feel welcome here, and makes us look very professional. If you're worried about legal problems, cosmoline, then keep you're statements to yourself, I'm pretty sure the rest of us know what we're advising, whether we fully know IL law or not.


On the IL FOID app, if you are under 21, there is an extra box with a few extra questions. One of those questions, is "have you ever been convicted of a misdemenor other than a traffic violation?".
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He said that the application said, "If under 21..." then it asks if you had any convictions. That means the question only applies to those under 21, it's just common sense. If he waits until he's 21, he doesn't have to answer the question because he's not under 21. Just like a question that says "If you have prior military service..." then it would ask details about that. If you don't have prior military service, the question doesn't apply to you. We're not giving specific legal advice, no one gave an absolute statement saying, "You will not get denied". We just said that in our opinion, if he waits, he shouldn't have a problem.
 
undocumented guns

some states have private party sales where your handshake and obvious moral character are the only background check you need.

imo you need to do what I did!....move to the USA!
May I reccomend Reno? move here & I'll buy you a
beverage of yer choice because your a fellow thr member:cool:
 
Wait until you're 21. I don't know about IL but here there's a question that goes something like,

"Were you ever denied a firearms permit in Massachusetts or in another state?"

If there is such a question on the IL application (and I have no idea if there is), and you apply now and are denied, then you'll have to answer "yes" to the question when you're 21. Bad times.
 
So I say again, if you want to talk about your understanding of Illinois law or other laws, fine. No problem. But don't try to advise him about what he should or should not do in his personal situation, other than going to see a lawyer or getting information from official sources. It's dicey and stupid to try.
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talk about said perfectly.

Encouraging new people is good, but answering his questions or even trying to could be encouraging him to make some serious mistakes.

This is a very specific legal question. He needs to have a lawyer who knows the law to get all of the relevant details from him answer this question. It's not going to happen on a forum this way.
 
OK.

It's fair to ask questions.

It's fair to point out that most of us aren't lawyers, and asking legal advice from people who aren't isn't a good idea.

It's fair to point out that posing those questions to a lawyer for a definitive answer is the best idea.

It's also fair to answer the questions from a layman's perspective, to the best of our ability in good faith, so long as the limits of the legal validity of those answers are explained, and they are not presented as authoritative legal advice.

So...enough!
 
(how can drinking relate to firearms in ANY way if they did bother to check?).
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Drinking isn't the issue, but having broken the law once already, might show that you're willing to break the law again. There was a thread a while back where a guy was denied because of speeding tickets.

Everything you do and have done reflects on your character in some way. Maybe in this case, it's just excuse for denying a permit, but in some ways I can see their point.
 
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