by Attorney Eric D. PuryearIf an individual’s application for a FOID card is denied, or if their FOID card has been revoked, the aggrieved party may file an appeal with the Illinois State Police. All final administrative decisions by the Illinois State Police are subject to further judicial review.
A FOID card may be denied or revoked for several reasons. Sometimes, the record used in the evaluation is incorrect. An individual may decide to appeal the revocation or denial based on the inaccurate record. If that is the case, the individual must submit an accurate criminal history record with their Appeal.
The Illinois State Police, Firearms Services Bureau, requires documentations to be submitted with the appeal. The information required includes a statement written by the person appealing the decision. The statement needs to be notarized, and include information on any and all convictions, sentencing, and compliance with sentencing. The statement should also include information about why the individual is suitable to possess firearms. When drafting the appeal, the application should include three letters of reference written within 45 days of when the appeal was filed.
There is no express right to appeal to the State Police if the record is accurate and the FOID card has been denied or revoked based on a conviction for a forcible felony, stalking, domestic battery, a deadly weapons offense, or an Illinois Class 2 Felony for certain drug related offenses. The applicant may instead petition the Circuit Court of their residence. In order to succeed, twenty years must have passed since the last time the applicant was convicted of a forcible felony, or since the end of any period of imprisonment imposed in relation to that conviction. Another option for individuals denied based on their criminal record is to request Executive Clemency with the full restoration of their firearm rights.
Similar to a FOID card denial or revocation, an individual who has been denied a concealed carry license (“CCL”) may also appeal that decision. The majority of appeals will be heard by the Director of the Illinois State Police, and they will set the matter for a hearing based on the denial or revocation. To appeal the denial, the individual must submit their appeal within 60 days of being notified that their CCL has been denied. If the denial of the concealed carry license came from the Concealed Carry Licensing Review Board, the individual may instead Petition the Circuit Court in the jurisdiction where they reside. All decisions are subject to judicial review.
As an attorney who is an avid firearms enthusiast, NRA-certified instructor, and supporter of concealed carry, I find cases where I can help clients defend their gun rights to be some of the most rewarding. I have represented clients in appeals of permit to carry denials, self defense shootings cases, felon in possession of a firearm cases, and many other type of gun-related legal matters. That experience and passion for gun cases is something that I bring to each gun-related case that I handle for my clients.