Re: Denied Illinois FOID card

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On 2/04/09, FACTS AND THE LAW wrote:

> Fact one some un-educated cop, that’s had a couple of weeks training cannot make
> that determination if someone is mentally ill, or not, only a court board,
> commission or other lawful authority can make that determination Read the Foid
> Card Act.

A person authorized to do an initial review can indeed deny an application or hold
it in abeyance pending receipt of more information. You are required by law to
answer the questions on the application truthfully. If you indicate a mental
health history, your application can be denied at that level. Same thing if a
record check indicates an unreported mental health incident.

> You said yourself they have to have medical records showing this to
> be true. I am talking about some cop making this decision on his own and then
> refusing your card, solely based on your ex-wife saying your nuts, or he doesn’t
> like your looks

That is why you have a right of appeal. If the frontline troops deny your
application you have a due process right to review by hearing. If it is
determined that the police or application officer acted maliciously then they are
liable for civil suit for their wrongful action. If the review hearing shows that
you are in fact qualified and a mistake was made in good faith then you get your
card. You also have a right to get on an airplane but you have to go through a
screening process. Mistakes happen and judgment calls are made. Some people are
delayed from getting on the airplane they want to. As long as the delay was
caused by a good faith belief, even a reasonable hunch, by some “un-educated
security person” that you posed a danger there is no problem. It is too bad, so
sad, you were needlessly delayed but that is just your tough luck. Security of
the public is important and mistakes will happen. If you in fact pose no threat
you will eventually get to fly.

> Fact two for the State police to deny your card they can only
> deny your card by law, if you have been an in- patient at a mental hospital, not
> an outpatient for anxiety, or such.

It is your burden to show you are eligible if a question is raised. If you get
denied, just go to your due process hearing and produce the proof necessary.
Again, too bad, so sad, you were delayed but better to be safe than sorry in
handing out guns to strangers.

> Fact three the State police have 30 days by
> law to issue or deny a foid care. That is also stated in the FOID ACT. They are
> breaking the law and knowing they are violating the act, make it that much more
> of a crime.

No they denied you within 30 days. Now you have your due process remedy.

I think I see your problem. Your wife/ex made a DV complaint and you got put in a
rubber room for a couple of days. Now that shows up and you got denied. Sorry
pal, you've got to go to a hearing and show a judge that a mistake has been made.
Don't self-righteously spout Constitution or what you call legal facts. Just get
a lawyer and go prove your case in court or settle for a rubber gun.