Denied an IL FOID Card Due to a Criminal Offense? Make Sure to Utilize the Proper Appeals Process
Back in 2020, I questioned why the Illinois State Police (“ISP”) was providing flawed appeal guidance to individuals denied a FOID card due to a felony conviction.
At that time, Illinois law no longer gave those with a felony conviction a right to go into court and ask a judge to order the ISP to issue them a FOID card. It wasn’t until 2021 that a convicted felon could once again ask a judge for such relief.
The Illinois Supreme Court, in Evan v. Cook County State’s Attorney, 2021 IL 125513 (Sept. 2, 2021), held that state law did not conflict with the federal statutory bar against a a felon owning a firearm, provided that the individual establish s/he would not pose a danger to the community or that granting such relief would be contrary to the public interest or federal law. 430 ILCS 65/10(c)(2)-(4).
In other words, as long as one satisfies the stated criteria, the state supreme court concluded that a person with a felony conviction has a right under Illinois law to petition a state court for a FOID card.
FOID Card Appeal Rights
Administrative Appeal Process
Prior to 2023, seeking review of a FOID card denial or revocation meant filing an appeal with the Director of the State Police. Beginning this year, these appeals are now subject to review by a newly-minted, seven-member FOID Card Review Board (“FOIDRB”).
The FOIDRB has the authority to review denials based on the following reasons:
Non-violent felony convictions (excluding those offenses noted below under judicial review)
Mental health admissions within the past 5 years
Clear and present danger reports within the past 5 years
Persons with developmental/intellectual disabilities
Law enforcement officer mental health revocations
Misdemeanor convictions for battery, assault & aggravated assault
In the event the FOIDRB upholds the denial or revocation, individuals still have the right to file for “administrative review” in state court.
Judicial Review
If the basis for someone’s denial/revocation is not listed under administrative appeals, that means only a state court judge has the right to review the ISP decision. The following grounds for denial must seek judicial review, pursuant to 430 ILCS 65/10(a), (c), (e), (f):
Forcible felonies (as defined under Illinois Criminal Code, 720 ILCS 5/2-8, provided it has been at least 20 years since the individual completed his/her sentence)
Domestic battery
Stalking/Aggravated stalking
Felony Class X, 1, 2 drug (any kind) offenses
UUW (weapons) offenses
Juvenile adjudications (involving any felony offense, provided it has been at least 10 years since being adjudicated delinquent)
Whether someone appeals to the FOIDRB or a judge, if a crime is at issue, the decision is likely to turn on the applicant’s proof of rehabilitation.
Just like a clemency petition, it is much easier to show proof of rehabilitation the older the case. There is no “ideal” passage of time since every applicant’s situation will differ (e.g., applicant’s age when crime occurred, his/her overall criminal record, length of time since their last arrest or conviction).
Director of State Police Review
In the event a denial is based on flawed information – a court disposition that doesn’t reflect that a felony charge was dropped to a misdemeanor or a felony record attributed to wrong person – these applicants still file their “record challenge” with the Director of the State Police.
There’s no telling whether the FOIDRB will prove more receptive to reversing a FOID card denial or revocation. If nothing else, hopefully it will serve to expedite the appeals process.