Illinois FOID Card Revocation | Denial and Appeal Illinois State Police | Law Office of Jack L Zaremba

Appealing FOID Card Revocation and Denials

FOID Card Appeal Process

Initial Steps

1. Fill out Request for FOID Appeal
2. Sign Request for Investigation and Waiver of Liability

Must Include Specific Disqualifier Form with Documentation

1. Non Mental Health Requirements
2. Mental Health Requirements (Less than 5 Years)
3. Mental Health Requirements (More than 5 Years
4. Developmental Disability

FOID Appeals - FAQ

May I submit a FOID Appeal electronically?

Not at this time. All Request for Appeals and documentation must be mailed to the Illinois State Police, Firearms Services Bureau 400-M, Attn: Appeals; 801 South 7th Street, Springfield, Illinois 62703

Is there a deadline for submitting a FOID appeal?

There is no deadline for submitting FOID Appeals.

I no longer live in Illinois but have a felony offense in Illinois. Now, I want to purchase a firearm in my current state of residence, can I appeal to the ISP for relief from my Illinois felony even though I no longer live in Illinois?

Yes. You may appeal to the Director of the Illinois State Police using the same process that applies to Illinois residents. Your appeal should be to the circuit court, if your felony requires an appeal to the circuit court, pursuant to 430 ILCS 65/10(a).

What are the Types of FOID Appeals?

Depending upon the reason your FOID card application was denied, you will need to appeal to the Director of the Illinois State Police, to the Circuit Court in your county of residence, or to an outside agency. Refer to the additional FOID Appeal FAQs below for information on the appeal approach based on the type of firearm prohibitor.

What is the process of Appeals to the Director of the Illinois State Police?

Complete the Request for FOID Appeal and Request for Investigation and Waiver of Liability forms (required for all appeals). Additional forms or documentation are required based upon the type of appeal. See the listings below for instructions for appeals based on different types of firearm prohibitors.

Electronic submission of a FOID appeal is not available at this time.

What are the types of Appeals to the Director of the Illinois State Police?

Record Challenge Appeal

You may challenge the accuracy of the record the ISP used to determine your firearm eligibility by submitting a Record Challenge Appeal.

Controlled Substance Addiction

When one year has passed since the controlled substance prohibiting event, as listed in your denial/revocation letter, you may submit a Record Challenge Appeal.

Felony (Felony that occurred in Illinois)

To appeal a felony conviction follow the instructions outlined in the FOID Appeal Requirements.

Indictment

Upon the determination of innocence or the dismissal of charges, you may appeal to the Director of the ISP by submitting a Record Challenge Appeal. If you are convicted of the charges you may appeal for relief to the Director of the ISP or the circuit court, whichever is required by law for your specific type of offense.

Mental Health - Voluntary Mental Health Admission Less than Five Years Ago

You are prohibited from a FOID Card for five years from the date you were discharged from the mental health facility; however, you may appeal for relief from the firearm prohibitor.

Mental Health - Voluntary Mental Health Admission More Than Five Years Ago

To appeal you must submit a FOID Request for Appeal and Request for Waiver of Liability and have a physician, clinical psychologist or qualified examiner submit the Mental Health Certification For Firearm Possession to the Illinois State Police at the address listed above. Physicians and qualified examiners must be licensed or certified in Illinois.

Mental Health - Involuntary Mental Health Admission

You may appeal for relief from this federal firearm prohibitor. Submit a Request for FOID Appeal and Request for Investigation and Waiver of Liability and all required documentation.

Mental Health - Adjudicated a Mental Defective

You may appeal for relief from this federal firearm prohibitor. Submit a Request for FOID Appeal and Request for Investigation and Waiver of Liability and all required documentation.

Clear and Present Danger

Submit a FOID Request for Appeal and Request for Waiver of Liability and all required documentation.

Order of Protection

If your order has expired or been vacated or dismissed. Also, if you want to challenge the accuracy of the record used to deny/revoke your FOID card, you may submit a Record Challenge Appeal to the Director of the ISP.

Supervision with Firearm Disqualification

When you have successfully completed your term of supervision, you may submit a Record Challenge appeal to the Director of the Illinois State Police. In some instances, the original court order can be amended by the judge removing the firearm restriction..

Yes Answer on FOID Application

If your application was denied for a "yes" answer made in error, complete the applicable Yes Answer Affidavit. If, however, the "yes" answer was correct, you must explain and, where applicable, provide supporting documentation.

Warrant (Out-of-State)

You must address your outstanding warrant with the applicable issuing law enforcement agency. When the warrant is no longer active, you may submit a Record Challenge Appeal to the Director of the ISP.

What is the process of Appeals to the Circuit Court?

Denial/Revocation letters indicate whether an appeal should be made to the Director of the Illinois State Police, the Circuit Court or another agency.

Pursuant to 430 ILCS 5/10(a), relief for some firearm prohibiting offenses must come from the Circuit Court in your county of residence. Therefore, you must petition the circuit court for the following offense:

• Forcible Felony
• Stalking
• Aggravated Stalking
• Domestic Battery
• Any violation of the Illinois Controlled Substances Act of the Methamphetamine Control and Community Protection Act, or the Cannabis Control Act that is classified as a Class 2 or greater felony
• Any felony violation of Article 24 of the Criminal Code of 1961 or the Criminal Code of 2012
• Any adjudication as a delinquent minor for the commission of an offense that if committed by an adult would be a felony

What is the process of Appeals to Non-Illinois Agencies?

Dishonorable Discharge from Armed Services

The Illinois State Police does not have the authority to grant relief from this federal firearm prohibitor. Any appeal of your dishonorable discharge must be made to the military. A request to upgrade a discharge can be submitted at any time to the Board of Corrections of the branch of service from which you were dishonorably discharged.

Federal Felony

If you agree that ISP's record regarding the felony conviction is correct, pursuant to 18 U.S.C. 921 (a)(2), you may obtain relief by receiving a Presidential Pardon that provides for "Full and Unconditional" restoration of your rights or by having your conviction expunged or set aside.

Out-of-State Felony

The Illinois State Police cannot take further action on your FOID card until you have obtained relief from the state in which the felony occurred. If you successfully obtain relief from the prohibiting conviction in the applicable state, or you believe the criminal history record used by the ISP to determine your federal felony is inaccurate, you may submit a Record Challenge Appeal to the Director of the Illinois State.

Revoked FOID Cards

Effective July 9, 2013, PA 98-063 became law requiring individuals whose FOID card is revoked to:

1. Surrender his or her FOID card to the local law enforcement agency where the person resides.
2. Complete a Firearm Disposition Record disclosing the make, model, and serial number of each firearm owned by or under the control or custody of the revoked card holder and its disposition during the prohibited term.
3. In addition, if you are the sponsor of a minor(s) who has a FOID, the minor(s) FOID card has also been revoked and must be immediately surrendered. You are required to comply with these requirements within 48 hours of receiving notice from the Illinois State Police. Failure to comply with this statute constitutes a Class A misdemeanor.
If your FOID card has been confiscated by a law enforcement agency or during a court proceeding, please provide any and all documentation to your local law enforcement entity. If your FOID card has been lost, you must report this in writing via a notarized affidavit. This affidavit must be submitted to your local police agency in lieu of your FOID card.

Ready To Appeal

If you believe the revocation of your FOID card was a mistake or you wish to appeal the decision of the Illinois State Police, reach out to our office. The appeal process is confusing and difficult. You need an experienced weapons and appeal attorney to help you get your 2nd Amendment Rights back. Give us a call at 815-740-4025 or send us an Email