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Revoked FOID Card Appeal

4K views 11 replies 9 participants last post by  TheDreadnought 
#1 ·
My FOID card was revoked because the mother of my child sought an order of protection against me. She had tried this twice previously, and both times it fell through because the judges could see through it as she was trying to modify custody in conjunction with it. The last one went through in February of 2016, Despite the fact that I was able to prove to the judge that the mother of my child was lying on her statement on the emergency order of protection that she initially sought as she stated that I had bit and choked her on a specified date. I was able to prove through military orders, DD 214 (military documentation that basically summarizes your careers and dates of training and deployments etc), passports (government and civilian) , two witnesses with whom I served on a deployment, as well as four affidavits from those with whom I served on the deployment, that I was on a military deployment on a completely different continent on the date that she specified. It seemed that her attempt at that order of protection was going to fall through as well until the mother of my child said that she feared for her life because I used to be in the military and that I was a "trained killer." The judge said, "I could see how that could be scary." The judge granted her the order of protection.

The order of protection stayed in place for two years, and there were no violations of it whatsoever. February of this year the mother of my child tried to get it renewed, however, the judge denied her.

I would like to reiterate that there has been no police involvement with myself during the course of the order of protection with the exception of getting a ticket for not wearing my seatbelt. The mother claimed to the police that I violated the order of protection on the 4th of July of 2017, however, I was able to prove to the police that she was lying and had four witnesses corroborating my story, and nothing ever came of it.

I went through the appeals process to try to get my FOID card reinstated, including a certified copy of the order dismissing the order of protection, the document requesting an appeal, a personal statement, and five character statements.

I have no criminal record, and since the order of protection has expired and the judge dismissed her petition to renew it, it would seem that nothing would prevent me from getting my FOID back. However, I mailed all of this in four weeks ago, and I have not heard anything. I do not have a criminal record. I am a teacher, which alone has a pretty strict background check, and while I was in the military, I had a secret security clearance.

Is there any advice that you can give me with regards to my current predicament? Is there anything else that I can be doing? Do I actually need to get a lawyer at this point?

Thank you in advance
 
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#4 ·
Yes, I have advice; don't come to a social forum for legal advice. Either be patient and see if you get your card back or hire an attorney that is experienced in handling your type of case.
 
#8 ·
what is that old legal saying, the person who represents themselves in court, has fool for a client!

until the OP avails himself of the services of a competent attorney, i suspect he's going to be the victim of witch hunt that will continue to dog him, and cause him problems for years to come. just an opinion, and observation.
 
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#9 ·
Hi to all -


wanted to share good news recently discovered.


I wrote to an Illinois State Rep (Barbara Wheeler - R) and convinced her to create House Bill 5950. This bill will reduce the time a person must wait before applying to have ones firearm rights restored from 20 to 5 years.


In basic terms this bill 5950 will allow ANYONE convicted of a felony in the state of Illinois to apply for their restoration with the court of the county of which they were convicted in just 5 years instead of the grueling and unjust 20 years.


I have been convicted of felony retail theft back in 2013 at age 19 for theft of $479 worth of merchandise. I am now 24 years old and am hopeful for a lawful way for me to possess and own firearms once again. Short of a pardon, this bill would be the only other hope. Please, let’s all contact our local reps if you are an Illinois resident and let’s get this passed and begin reversing the extremely discriminating FOID card rules that have battered Illinois firearm ownership since the late 1960’s.


I want to express gratitude towards a very caring Barbara Wheeler who has the courage to stand against the notorious anti-gun Illinois atmosphere and is one of the only individuals that is actually attempting to create real change in the state. It is terrible that she is declined to run again as she is very needed in these dire times and having her press the issues that all of us regular citizens experience daily was something that has not been taken for granted by us Illinois residents. Barbara you will be greatly missed.


Everyone has permission if they would like to copy and paste this message anywhere they feel right.


Jacob


Let’s get this passed


Illlinois HB 5950


http://www.ilga.gov/legislation/Bil...DocNum=5950&GAID=14&SessionID=91&LegID=113185


Click here to go directly to the Illinois Rep’s page. Click on a name and their individual E-Mail is listed. Please take time to leave your thoughts regarding this bill.


Thank You!


http://www.ilga.gov/house/
 
#10 ·
I wish you the best of luck. However..
I am not the majority. I believe that a man who has served his time and paid his debt and has been released a free man should be restored all rights allowed to any free man.
 
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#11 ·
Thank you for your comment(s). They are appreciated as anything to get the conversation started is a good thing regarding the prohibited persons list.

I to believe in a free society where the true right to own a firearm is 100% protected. Unfortunately America is no longer that society. We have established a privilege system. This bill 5950 would take a big step forward in reversing that discrimination that most of us constitutional minded folks can appreciate.

I like you believe most State Reps only respond to those that give money to them or are part of their campaigns. I want to say as of recent when I wrote numberous Illinois Reps several did respond from their personal E-mail accounts. It shows there are some that will listen and hear what the general public has to say regarding current issues. Barbara Wheeler is one of those Reps. I encourage you to drop a line to help us fellow American citizens and Illinois Residents out by choosing any Illinois Rep of your choosing regardless of party line and asking for their support on this bill.

Your doing so is greatly appreciated as is anyone else’s efforts that writes to a rep on behalf of us illinois Residents.


Thank you again!

Illinois HB 5950
 
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