FOID Card Appeals
Making Sense of Illinois Gun Laws
A year before the federal government enacted the Gun Control Act of 1968, Illinois had already created what we now know as the Firearm Owners' Identification Card Act, which strictly regulates the possession and ownership of firearms within the state and criminalizes conduct that would be entirely legal in every bordering state.
The opportunity for innocent, law-abiding individuals to be caught up in criminal charges is simply extraordinary. Despite a lot of misinformation, the truth is that many people lose their FOID Card for harmless and almost arbitrary reasons. We've seen situations ranging from mistaken identity to contempt of cop and everything in between.
For a deeper dive into the evolution of Illinois' gun laws, specifically the FOID Act and related regulations, click below!
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Administrative Review
(Appeals from FCRB)
When FCRB denies your relief, you have just 35 days to appeal their "final decision" to the circuit court where you reside. Few attorneys ever successfully get ISP Board decisions overturned. But we do.
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Direct Petition to Circuit Court
For certain types of revocations and denials, you may be able to bypass the FCRB altogether and petition your local circuit court. This does not mean it's faster, easier, or more likely to succeed. It just means that a judge will have to hear your case, not a panel of board members. It does, however, have some unique advantages.
Types of FOID Appeals
There are many legal grounds the government can use to revoke or deny a FOID Card. The reason that applies to you will determine which path you can use.
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FOID Card Review Board
(FCRB)
The FOID Card Review Board is a 7-member panel of individuals who are appointed by the Governor of Illinois to hear and decide cases involving the loss of firearm rights. First created in 2023, most appeals must be taken to FCRB first, and you only have 90 days to do so, or you will face lengthy delays. You can only appeal to the courts once you've received a final decision from the Board.
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Record Challenges
This is the space to outline your areas of expertise and the specific services you offer to clients. Highlight your core competencies and the depth of knowledge you bring to each practice area.
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Expedited Appeals
If you ALL of these apply to you, then you may be able to take advantage of the newly created "expedited appeals" process:
(A) Your FOID Card was revoked less than 30 days ago
(B) You are alleged to be a "clear & present danger"
(C) You believe the revocation was improper or unwarranted