How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Samuel II Your Own Question
Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27009
Experience:  Handle criminal matters in both state and federal courts.
10707909
Type Your Criminal Law Question Here...
Samuel II is online now
A new question is answered every 9 seconds

My foid card was revoked due to a domestic dispute in which

Customer Question

My foid card was revoked due to a domestic dispute in which I was handed down a misdeamor charge. I completed a 24 m0nth probation sentence.How do I appealand get a foid card
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Samuel II replied 1 year ago.

This is Samuel and I will discuss this and provide you information in this regard.

Per the Illinois Firearm Owners Identification Card Act.

The Director of the Illinois State Police or a local court shall restore a felon’s firearm civil rights in Illinois, under the Firearms Owner’s Identification Act under the following conditions, per the FOID Act:

  1. the applicant has not been convicted of a forcible felony under the laws of this State or any other jurisdiction within 20 years of the applicant’s application for a Firearm Owner’s Identification Card, or at least 20 years have passed since the end of any period of imprisonment imposed in relation to that conviction;
  2. the applicant’s criminal history and his reputation are such that the applicant will not be likely to act in a manner dangerous to public safety;
  3. granting relief would not be contrary to the public interest; and
  4. granting relief would not be contrary to federal law.
Expert:  Samuel II replied 1 year ago.

Therefore, I suggest, you can contact the Illinois State Police and get the application - I know you do not have a felony. But the process is the same for misdemeanors.

Expert:  Samuel II replied 1 year ago.

And file the application for Restoration of Firearm Rights with the Director of the State Police. Your other recourse is to Petition the Circuit Court and request relief.

Expert:  Samuel II replied 1 year ago.

This is the process because your misdemeanor was of a "domestic abuse" nature.

Expert:  Samuel II replied 1 year ago.

Keep in mind, that under Federal law, you still would not be able to pass a background check. And so you would need to apply for and be granted a pardon to purchase a firearm.

Please see this LINK for more information on the Pardon process.

Expert:  Samuel II replied 1 year ago.

A pardon will forgive the crime. But then you will still need to have the matter expunged. The Pardon will make you eligible to Petition for Expungment. They just don't make it easy. But in the end, the time and effort will be worth it to have the rights restored.

Expert:  Samuel II replied 1 year ago.

Please let me know if you have other questions in this regard. Keep in mind, I can only answer and provide information for what you ask. I do not know what you need to know, unless you tell me. Please rate positive as this is how I get credit for my time and information.

Thank you

Related Criminal Law Questions