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Michael J, Esq.
Michael J, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 3471
Experience:  Licensed attorney experienced in criminal matters, having represented hundreds of clients with every misdemeanor and felony imaginable.
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I reside in chicago, Illinois, County of. I currently have

Customer Question

Hello, I reside in chicago, Illinois, County of Cook. I currently have my FOID card issued by the Illinois state police, have had it since 1996. I've never been charged with or convicted of any felonies, a few minor misdemeanor charges that was later dropped dating back to 2000. No arrest in 10 years, only DUI conviction (misdemeanor) 1st offense in 2006. I applied for my Concealed carry license back in March of 2015, submitted my fingerprints. Every month I receive a letter from the Illinois State Police stating the Review Board needs an additional 30 days to review an objection made by a law enforcement agency. I was wondering given it's been a year, I qualify for the license, am I valid in saying my right to Due Process of the Law have been violated? I've worked for many years in Illinois as a Licensed Armed Security officer. I find it strange they would authorize me to carry a firearm to protect a work place but not to protect myself and other family members within this chaotic City of Chicago. Just wonder at what point can I do something to get a decision out of the Board of Review. I do know if they decide to deny my application I can first ask for reconsideration, then I can go before the District Court under an appeal. I'm wondering under what circumstances can they legally continue to deny me an answer. Thanks
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Michael J, Esq. replied 1 year ago.

Hello and thank you for contacting JustAnswer. My name is Michael; I look forward to assisting you today.

As you probably know, Illinois is a "shall issue" state and should issue the permit within 90 days if you qualify under the law. When there is an objection, the State has longer to decide, but a year is pushing it. You're correct that when you're issued a denial, you can then appeal, but you're sort of in limbo right now. I agree with you that you should have a denial/approval by now and that it would be worth speaking to a local attorney about. The solution may be to go ahead and treat this as a denial and ask to go ahead and appeal it. The only other option would be to sue the state, which gets very tricky and costs a lot of time and money (I don't suggest this route). A lawyer also may be able to send a letter to the board in order to find out the status and/or push things along .

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DISCLAIMER: This is not legal advice and I am not your lawyer. My questions are based on my knowledge of the jurisdiction where I am admitted to practice, my experience on this site over several years, and research on the relevant laws and statutes for your jurisdiction, if any. My information is not advice and you should always speak to local counsel before you act.