TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER II: DEPARTMENT OF STATE POLICE
PART 1230 FIREARM OWNER'S IDENTIFICATION CARD ACT
SECTION 1230.70 APPEAL


 

Section 1230.70 Appeal

 

a) Commitment to a Mental Health Facility; Expedited Relief Law Enforcement Officers

 

1) Law enforcement officers who wish to request expedited relief from the Department shall initiate such a request by providing written notice of this intention to the Department's Firearms Services Bureau, Appeals Unit within 60 days after receipt of the notice that their FOID application is denied or their FOID Card is revoked to begin the appeal process. The officer must also sign an affidavit provided by the Department certifying that he or she meets the requirements of Section 10(c-5) of the Act for expedited relief.

 

2) In addition to the documents required by Section 10(c-5), the petitioner must provide to the Department the following documentation:

 

A) a letter from the petitioner's employer on official letterhead that provides the current status of employment, job title, any records regarding the revocation of petitioner's FOID Card, and the employer's opinion as to the suitability of the petitioner to possess a firearm; and

 

B) any other reasonable documentation requested by the Department related to the determination for granting relief.

 

3) If it is established by a preponderance of the evidence that the person will not be likely to act in a manner dangerous to public safety and that granting relief would not be contrary to the public interest, the Director shall grant relief (Section 10(f) of the Act).

 

b) Commitment to a Mental Health Facility

 

1) An individual whose application for a FOID Card is denied or whose FOID Card is revoked for a commitment to a mental health facility may petition the Department for relief.

 

2) Individuals who wish to request relief from the Department shall provide written notice of this intention to the Firearms Services Bureau, Appeals Unit within 60 days after receipt of the notice that their FOID application is denied or their FOID Card is revoked to begin the appeal process.

 

3) The petitioner must provide to the Department the following documentation:

 

A) a signed, dated and notarized statement from the petitioner detailing any and all facts and circumstances requested by the Department surrounding the admission;

 

B) two signed, dated and notarized statements from adults who are aware of the circumstances regarding the revocation or denial of the FOID Card, detailing their opinion as to the individual's suitability to possess firearms and the individual's current mental state;

 

C) a current forensic evaluation or letter from a psychiatrist, all psychiatric and counseling records from the past five years, and any and all court records that may apply; and

 

D) any other reasonable documentation requested by the Department related to the determination for granting relief.

 

4) If it is established by a preponderance of the evidence that the person will not be likely to act in a manner dangerous to public safety and that granting relief would not be contrary to the public interest, the Director or his or her designee may grant relief. (Section 10(a) of the Act)

 

5) If relief is denied by both the Director and through an administrative hearing, in order to be eligible for a FOID Card once five years have passed since the admission, the applicant must have received a mental health evaluation by a physician, clinical psychologist, or qualified examiner as defined in the Mental Health and Developmental Disabilities Code [405 ILCS 5] and received a certification that he or she is not a clear and present danger to himself or herself or others.

 

c) Felony Denials; Petition for Relief

 

1) An individual whose application for a FOID Card is denied or whose FOID Card is revoked (Section 10(a) of the Act) because of a felony conviction may petition the Department for relief unless the appeal must be directed to the circuit court in the county of his or her residence pursuant to Section 10(a) of the Act.

 

2) Individuals who wish to request relief from the Department shall provide written notice to the Department to begin the appeal process.

 

3) The petitioner must provide to the Department the following documentation:

 

A) a signed, dated and notarized statement from the petitioner detailing any and all facts and circumstances requested by the Department surrounding the felony;

 

B) three signed, dated and notarized statements from adults, one of whom lives with the petitioner, detailing their opinions as to the individual's suitability to possess firearms, as well as their knowledge surrounding the felony; and

 

C) any other reasonable documentation requested by the Department related to the determination for granting relief.

 

4) Upon receiving complete documentation for the appeal, the Department will investigate the circumstances surrounding the denial or revocation action. If the Director is satisfied that substantial justice has not been done, the Director or his or her designee may grant relief.

 

d) Other Denials or Revocation; Petition for Relief Individuals who wish to request relief from the Department shall provide written notice to the Firearms Services Bureau, Appeals Unit within 60 days after receipt of the notice that their FOID application is denied or their FOID Card is revoked to begin the appeal process.

 

1) An individual whose application for a FOID Card is denied or whose FOID Card is revoked for one or more of the felonies described in subsection (c) of the Act may petition in writing the circuit court in the county of his or her residence for a hearing on the denial or revocation (Section 10(a) of the Act).

 

2) Out-of-state Residents: If a petitioner wishes to appeal the denial or revocation based on his or her status as an out-of-state resident, the petitioner must provide to the Department documentation requested by the Department, which shall include a copy of a valid driver's license or identification card, proof of residency, and a signed, dated and notarized statement from the petitioner detailing any and all facts and circumstances regarding the status of his or her residency and the need for a FOID Card. The petitioner must also provide any other documentation requested by the Department relating to the determination for granting relief.

 

3) Persons Under 21: If a petitioner wishes to appeal the denial or revocation based on the fact that he or she does not have a parent or legal guardian, the petitioner must provide two signed, dated and notarized personal references regarding his or her suitability to possess firearms and a signed, dated and notarized statement detailing his or her circumstances. If applicable, the petitioner must provide death certificates for his or her parents or legal guardians and/or any applicable court documents regarding the petitioner's circumstances.

 

4) Persons Unable to Provide a Driver's License or State Identification Card: If a petitioner wishes to appeal the denial or revocation based on the fact that he or she cannot provide a driver's license or State identification card other than for eligibility reasons, the petitioner must provide a signed, dated and notarized statement detailing his or her circumstances, including any medical explanations. If the petitioner is medically unable to obtain a driver's license or state identification card, the petitioner must provide a physician's statement regarding his or her condition. The petitioner must provide any and all other relevant information requested by the Department, including documentation from the Secretary of State.

 

5) Persons Revoked as a Clear and Present Danger: If a petitioner wishes to appeal the denial or revocation based upon the fact that he or she has been determined to be a clear and present danger pursuant to the Act and this Part, the petitioner must provide information refuting the finding that he or she presents a clear and present danger as defined by the Act.

 

6) Upon receiving complete documentation for the appeal, the Department will investigate the circumstances surrounding the denial or revocation action. If the Director is satisfied that substantial justice has not been done, the Director or his or her designee may grant relief.

 

e) The appeal process will not begin until the Department has received all the necessary documentation.

 

f) In the event the Director or his or her designee desires additional information concerning the circumstances surrounding the denial or revocation action, the Director may schedule a fact-finding conference with the petitioner or request additional information.

 

g) The Director or his or her designee may grant or deny relief as a result of the fact-finding conference.

 

h) At a fact-finding conference, the petitioner may be represented by counsel or present witnesses who have direct knowledge of the circumstances of the denial or revocation and may present any evidence or information relating to the Department's action.

 

i) If the Director does not provide relief as a result of the investigation or a fact-finding conference, the petitioner may request an administrative hearing. The request for hearing must be in writing and sent to the Firearms Services Bureau, Appeals Unit.

 

j) The administrative law judge (ALJ) for contested hearings shall be an attorney licensed to practice law in Illinois appointed by the Director. The ALJ may be disqualified for bias or conflict of interest.

 

k) The procedures for the hearing shall be as described in Article 10 of the Administrative Procedure Act [5 ILCS 100/Art. 10] and as ordered by the ALJ.

 

l) In the event relief is denied, a new application from the petitioner will not be accepted until two years have passed since the date of the last denial.

 

(Source: Amended at 38 Ill. Reg. 2301, effective December 31, 2013)