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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 113477
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I am from IL my Foid card was revoke because of mental

Customer Question

I am from IL my Foid card was revoke because of mental health stay which was voluntary, I was total cleared by all doctors. I submitted a request to have it reinstated that was denied what are chances of getting it back on second appeal or admin hearing. I currently have a tentative offer from a police agency Thanks
JA: Since laws vary from place to place, what state is this in? And when did this happen?
Customer: IL
JA: Has anything been filed or reported?
Customer: The only that was file was my appeal and the mental stay records
JA: Anything else you want the lawyer to know before I connect you?
Customer: no, only that I have been see a theropist for a year and he has given me a clean bill of health
Submitted: 5 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
What is your question for us regarding this matter?
Customer: replied 5 months ago.
What are the chances of getting my card back from a second appeal or administration hearing
Customer: replied 5 months ago.
Can I call instead
Customer: replied 5 months ago.
Let type
Customer: replied 5 months ago.
I sorry I did not see a responce
Customer: replied 5 months ago.
are you there
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your reply. I am sorry for the delay, we are working with multiple customers at one time and they all deserve the same time you deserve. Thank you for your patience and understanding while I type your answer.
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your reply.
Your problem here is that under 18 U.S.C. § 922(d), it is unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person “has been adjudicated as a mental defective or has been committed to any mental institution.”
So if you were voluntarily committed to a mental health facility, in order to get your firearm back you would have to present your proof in form of medical testimony that you have no mental health issues. If denied by the appeal hearing, you have to file a petition in the court and get a court in your jurisdiction to find you clear of mental health problems in order to get your FOID back.
Customer: replied 5 months ago.
Ok thanks in your experience what are the chances
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your reply.
It depends on the strength of your doctor's testimony and the reason for the mental health commitment, we cannot tell you more than that because we cannot review your records. If your doctors testify there are no mental health issues, then your chances are very good.