WHAT HAPPENS IF I LOSE MY FOID CARD APPEAL?

WHAT HAPPENS IF I LOSE MY FOID CARD APPEAL?

A lot of gun owners in Illinois are shocked when they receive notice from the Illinois State Police that their Firearm Owners Identification Card (FOID) has been revoked. The typical reaction is to immediately begin scouring the Internet in search of answers. People usually do not just want to know how to appeal this decision, but also what happens if they are unsuccessful. When it comes to the law, it is always better to succeed the first time, and this is especially true when it comes to FOID Card reinstatements. At My Gun Lawyer, we’re committed to preserving the right to bear arms in Illinois. The good news is that in most cases, there is a way to obtain relief – some options are just harder than others.

What Types of Appeals Are There?

There are three (3) ways that people can appeal their FOID Card revocation in Illinois. The first is to appeal to the newly created FOID Card Review Board (“FCRB”). This option is available for most people. For those who either are not eligible to appeal to the board, they may be required to file their appeal in the local circuit court for the county where they live. Others may have the right to choose either process. Lastly, if you are denied by the Board, you can still potentially appeal that decision to your local circuit court through a process called an administrative review. But beware, there are tight filing deadlines that apply.

 What Happens if I Lose a Board Appeal?

If you were eligible to appeal to the FCRB and they ultimately decided not to restore your FOID Card, you can either (a) move out of Illinois forever, (b) accept that you do not have equal rights under the law and are not legally allowed to bear arms, or (c) you can file a petition for administrative review. To do so, you must be able to show that the Board’s decision was so wrong that it was “against the manifest weight of evidence.” In other words, there is no way that a reasonable person would be able to hear the evidence you presented and come to that decision. Needless to say, it’s a tough standard. Yet, it’s not impossible.

What if I Lose my Administrative Review?

Naturally, if you lose at the circuit court level, you can attempt to appeal the decision to the appellate court in your district. However, very few cases are actually accepted by the appellate court, so there is no guarantee that they will even hear your appeal, let alone decide in your favor.

What if I Lose on Direct Appeal to the Circuit Court?

If you are one of the people who has the right to file your petition for relief in court, rather than going through the Board, there are significant advantages. But before you celebrate, keep in mind there are disadvantages too. First, if you file with the Board first and lose, you at least have one more bite at the apple, so to speak, because you can file an administrative review action, as discussed above. But if you file directly with the court, the only place to go is to the appellate court.

Of course, there’s another option. Wait 2 years! The applicable regulations in Illinois are found in Title 20, Section 1230.80 of the Illinois Administrative Code. Under current regulations, if you filed a direct appeal to the courts or you petitioner the court for an administrative review of the Board’s decision, and in either situation you lose your appeal (i.e. the judge rules against you), then you must wait 2 years from the date of the judge’s ruling before you can re-apply for a FOID Card. Illinois State Police will simply not accept your application until that time expires.

What if I Wait 2 Years and Try Again?

This is always a tough situation because re-applying and getting denied again will give you the right to attempt another appeal. If it is your second time around though, you can bet that the State’s Attorney in your county will be aware of the issues and all the evidence from the first case. If you are in a smaller county, it is highly probable that you will get the same judge again. Therefore, it is critical that you have the absolute best FOID Appeals Attorney in Illinois on your side from the very start.

At My Gun Lawyer, gun law is all we do. We eat, sleep and breathe firearm law, and restoring your right to bear arms is our primary mission. We are a veteran-owned and operated law firm, and we don’t stop until we win. Visit us online to find out more about how we may be able to help you restore your FOID Card in Illinois.