This is the second post in a series of articles addressing handling FOID Card appeals in Peoria, Illinois. The previous article provided an overview of the topics to be discussed in this series. It also emphasized the importance of retaining an experienced appeals lawyer to represent your interests. The denial or revocation of one’s FOID Card can impact one’s life in potentially serious ways. Appealing this determination should not be taken lightly. In this post, I will discuss why one should not attempt to handle a FOID Card appeal without legal representation. If you need assistance, contact my office to speak with a FOID Card appeals attorney.
The Illinois State Police (ISP) may deny or revoke one’s FOID Card on the basis of certain “red flags” outlined in Illinois law. These include certain mental health issues, a history of criminal activity and certain addictions or use of specified drugs. In some circumstances, the ISP’s determination may be appealed. First and foremost, your attorney can help you understand if you are eligible to appeal your case and, if so, the correct procedure to follow. In some cases, one may believe that a simple explanation to the officers or court will resolve the issue completely. A FOID Card appeal, however, is not simply a matter of paperwork or explaining the misunderstanding to the court. For obvious reasons, these cases are taken very seriously by law enforcement agencies. Appeals on any grounds, require providing evidence that meets specific requirements following specific legal procedures. Some appeals must be submitted to the ISP directly and others through the Circuit Court, requiring a hearing. Failing to consult with a lawyer at the beginning of your appeal process can result in costly mistakes, including the unsuccessful resolution of the case.
Secondly, without legal representation you may run the risk of incorrectly presenting your situation to the ISP or the court on appeal. Doing so may decrease the chance of overturning the FOID Card denial and may make an appeal more difficult. An attorney can help you decide what information should be provided, when it should be submitted and the appropriate manner in which it should be shared. For example, if your FOID Card was revoked as a result of an incorrect medical diagnosis for a mental illness, your attorney will understand which medical records and physician affidavits will be required to be submitted with your appeal filing. The attorney can assist in drafting the supporting documentation on your behalf in an effort to restore your firearm rights.
I am an attorney with experience in FOID Card appeals. I pride myself in providing a high level of service to my clients throughout the entire process. If you need assistance appealing a FOID Card denial, contact my office today to speak to a lawyer. My office also represents clients in Bloomington, Decatur, Eureka, Galesburg, Morton, Normal, Pekin, Springfield, and Washington. We also serve the counties of Fulton, Knox, LaSalle, Marshall, Mason, McLean, Putnam, Rock Island, Schuyler, Stark, Tazewell, and Woodford.