Criminal Record Sealed - Can i get a FOID card?

Sealed said:
Law firm wants $7500 to attempt the pardon. At this point it makes more sense to unlawfully carry and use that $7500 to beat the case if im caught.
Click to expand...
If you get busted, it will be for a lot more than unlawful carry for most residents of Illinois.You will also be charged with being a felon in possession of a firearm, and $7500 won't even be enough to get a decent attorney to your bail hearing.
 
Google "Sarcasm" and "tongue in cheek"
Click to expand...
We don't need to. You asked a question. You were given an answer you don't like. Then you voiced an inclination (real or in jest) to break the law and subject yourself to even worse legal trouble. A friendly warning was given.

If you make progress on this issue, we'd like to hear about the process, but discussion of breaking the law will not be tolerated.
 
It never makes more sense to break a carry law than to follow them. They are reasonable laws in every state i know of so far. I do not ever advise any man woman or child to risk further erosion of all of our liberties bc one prohibited person chooses to be judge jury and executioner. Don't do it.

You lost your rights. Now you need to accept that fact. Denial will cost you more than $7500 in money. Unless you know a whole lot of very influential people, a pardon is a pie in the sky. Get real. It is what it is. Accept it and move on. Find another past time or hobby. Guns are not in your future. I'm sorry, really am, but man up.
 
WOW! You seem to be in a mess.

A friend handled his felony conviction by getting letters of charactor from people and organizations in his city. Basically the letters say "Mr. XYZ has been a member of this organization for XX years and during that time has worked with the youth sports organization. He is a morally upright citizen."
(and)
"I have know Mr. XYZ for XX years and have seen him mature in to a fine, upstanding citizen who is now a model for our youth to emulate."

Some things can not be rushed. Get a good lawyer pay your fees and work this case hard. Unfortunatly it will not be a fast process.

Sarcasm or not, saving that $7,500 for a lawyer to get you out of jail after the fact is both a waste of time and money. Why not do it upfront and hire the lawyer before you get caught? (Let us know how that works out.)

If you really want something, you have to earn it and work hard. It is a pain in the patukas sometimes, but well worth it.

I really think you could do it, if it is something you really want to work for. You are going to have to prove to who ever issues the pardon why you deserve it. (In Chicago it used to mean a large donation to the re-election campaign of the mayor ;), I am not sure about the State Govenor :D)

It took my friend about two years to get everything in order and his conviction was more than 20 years old. His case was in Conn. and was definately part of "Youthful Indiscretion".
 
@ Tom. I asked a question and got exactly the answers i was looking for. I specifically posted here looking for information from a variety of people with a variety of information and first hand knowledge. As it turns out... the PRO that i hired isn't much of a pro after all and its a good thing i took steps towards taking matters into my own hands. I guess i could have taken the advice of the first responder and simply relied on my lawyers advice but i am glad i stuck around for more responses.

I voiced a joke (pretty obvious to anyone in my opinion) and later stated that it was in fact a joke. For the record... the part about breaking into Oprahs checking account was a Joke also. If anyone didnt take it as a joke i apoligize. I want to put your fears and concerns to bed. It was a joke.

@ Uncle Buck... the good old days are over i think :). Daley is gone and hopefully the new governor knows better.
 
Welcome to The Firing Line, Sealed!

Baylorattorney said:
It never makes more sense to break a carry law than to follow them. They are reasonable laws in every state i know of so far.
Click to expand...
In every state except Illinois. IL has no concealed carry at all. Granted, the OP is asking about the FOID and not concealed carry. Still, I would not characterize the rest of IL gun laws (what I know about them, anyway) as "reasonable."
 
@ SHNOMIDO Curious about the 10 year number. What would lead to 10 years?

@ Forum Admin... No quote buttons at this forum?
 
OP, I know you mentioned that the charges were from the mid 90's. I do not forsee much of a chance of you getting a FOID card at this time. Stranger things have happened, but the felony conviction is enough to make it illegal for you to own/possess a firearm by federal law, and by many state laws.

As far as getting the conviction removed from your record. I would be careful because if you want to be able to buy a firearm after you get a pardon, etc, whatever is done must also meet the federal requirements.

Sealed said:
Law firm wants $7500 to attempt the pardon. At this point it makes more sense to unlawfully carry and use that $7500 to beat the case if im caught.
Click to expand...

I advise you DO NOT EVEN try to carry unlawfully! If you ever want your rights restored at some point in your life, continuing to break the law is not a smart way to do it.

Sealed said:
@ Forum Admin... No quote buttons at this forum?
Click to expand...

I am not the Forum Admin, but a friendly reminder that this is covered in the FAQs located here: http://thefiringline.com/forums/faq.php

The part about quotes is located here: http://thefiringline.com/forums/misc.php?do=bbcode

Perhaps that helps. I hope that you and all of the others here have a wonderful day!
 
Sealed said:
Curious about the 10 year number. What would lead to 10 years?
Click to expand...

Probably this:
18 USC 924(a)(2)
Whoever knowingly violates subsection (a)(6), (d), (g), (h), (i), (j), or (o) of section 922 shall be fined as provided in this title, imprisoned not more than 10 years, or both.
Click to expand...
 
Spats McGee said:
Welcome to The Firing Line, Sealed!


In every state except Illinois. IL has no concealed carry at all. Granted, the OP is asking about the FOID and not concealed carry. Still, I would not characterize the rest of IL gun laws (what I know about them, anyway) as "reasonable."
Click to expand...

Carry laws are reasonable where they exist, >>>>more so than BREAKING the law anywhere.<<<<<<<

My personal opinion is there is not a single gun control law I deem as reasonable. Not even close to it. Damn shame this OP made a mistake when he was young and nothing short of him being well connected and wealthy (a pardon) can restore his right to own a gun. IMO it appears to be another glaring example of how gun laws ONLY HURT good folks rather than help us.
 
Last edited:
Don V.
I'm putting this up because I recently was given some guns because my father passed away and I'm currently going through the permit process. This is information I came across.

I almost "potentially" screwed up bad and have since learned that nobody is very forgiving when violating any of these rules\laws\statutes--I'm not sure what the differences are--. My potential mistake was getting ahead of myself and not knowing or taking the time to learn the rules. I wanted to get to the local range to shoot before transferring the permits into my name. Chances are nothing would have happened, but if something had, I probably never would have been allowed to own the guns. The officer told me that even though I would have had no malicious intent, it didn't mattter, no violation of gun laws is viewed as harmless or victimless. The officer was not at all friendly about any of this and it seemed harsh, but it is the way it is.
Click to expand...

??? Paperwork? You have to register guns that you inherit??? What State are you in?
 
Baylorattorney said:
It never makes more sense to break a carry law than to follow them. They are reasonable laws in every state i know of so far.
Click to expand...
Your homework assignment, then, is to research the firearms ownership and carry laws in:

  • Illinois
  • California
  • New York
  • New Jersey
  • Massachusetts
  • Connecticut
  • Rhode Island
I'm sure there are a few more with arcane and unreasonable gun laws, but those are the ones that come immediately to mind.

Actually, even Texas isn't all that reasonable. Their required course of fire to get a carry permit is more stringent than that of many police departments, AND you have to shoot it again every time you renew. Some people might call that reasonable, but I don't.
 
Fishing Cabin said:
As far as getting the conviction removed from your record. I would be careful because if you want to be able to buy a firearm after you get a pardon, etc, whatever is done must also meet the federal requirements.
Click to expand...
The only Federal requirement is that the conviction gets expunged. If the conviction was under Federal law, there is no way to obtain an expungement because that function of the DOJ has been intentionally unfunded for many years. The process still exists in the laws, but it can't be done. So for a Federal conviction the only option is a presidential pardon.

For convictions under state law, Federal law requires only that the conviction be expunged (or pardoned) in accordance with the laws of that state.
 
Onward, these are Michigan laws:

The License to Purchase a Pistol form must be completed even though the applicant may already have possession of a pistol, such as through an inheritance. Federal firearms licensed dealers are not exempt from this section of the law and must also get a license any time they purchase/acquire a pistol from an individual or another gun dealer. There is an exemption only for dealers purchasing pistols directly from the manufacturer or wholesaler.

I have to treat an inheritence the same as if I were buying a gun from a local dealer. First you have to get a license to purchase a handgun which is good for 10 days. Once you have the permit, you can buy the gun, or in this case, I already have the guns. Once I have the permit and the gun(s), I have to go back to the local police with the paperwork and the guns. They inspect the guns. Then usually the next day you go back and pick up the gun, after inspection, and the Safety Inspection Certificate which is also you license or permit to own the handgun.

It says right on the back of the Inspection Certificate:

State law prohibits the furnishing, loaning, giving or selling of this pistol to another unless that person (including gun dealers) first obtains a license to purchase a pistol. Violation of this law is a criminal offense.
 
Thanks for the information about quotes. I know forum tags and the blockquote icon... i was wondering where the "quote someones post" button was. I use this feature frequently to respond directly to people so the thread doesn't get confusing.

Right now it appears (from what i have read) that if i get the conviction pardoned it will be gone from my record. Everything i have read says that a pardon means the record is destroyed and gone.

Expungement doesn't look like an option at all and sealing does nothing so a pardon is my only option. If Blago was still in office i could have gotten this taken care of for a couple of dinner vouchers and a pair of theater tickets.

If i am able to get a pardon... Does anyone see any potential issues with me getting a FOID card?

Thanks.
 
Sealed said:
If i am able to get a pardon... Does anyone see any potential issues with me getting a FOID card?
Click to expand...
Nope.

However, I don't think you are correct that all records of the arrest and conviction will disappear. I think they remain on the record, but they can no longer be used against you as disqualifying factors. Where the 4473 asks if you have ever been convicted of a felony, I think you still have to answer "yes," but perhaps one of the members here who is an FFL can read the instructions for that question and verify that.
 
Where the 4473 asks if you have ever been convicted of a felony, I think you still have to answer "yes," but perhaps one of the members here who is an FFL can read the instructions for that question and verify that.
Click to expand...

Nope. If you answer yes to that question, you will not be sold a firearm, period. From the rules for 4473:

EXCEPTION to 11.c, and 11.i.: A person who has been convicted of a
felony, or any other crime, for which the judge could have imprisoned the
person for more than one year, or who has been convicted of a misdemeanor
crime of domestic violence, not prohibited from purchasing, receiving, or
possessing a firearm if: (1) under the law of the jurisdiction where the
conviction occurred, the person has been pardoned, the conviction has been
expunged or aside, or the person has had their civil rights (the right to vote,
sit on a jury, and hold public office) taken away and later restored AND (2)
the person is not prohibited by the law of the jurisdiction where the conviction
occurred from receiving or possessing firearms. Persons subject to this
exception should answer "no" to 11.c. or 11.i., as applicable.
 
If you spend this much time on this it will get very expensive and all for nought. Same result each time. Issue is narrowed to this: Prohibited person pardonable? Probability >>> unrealistic.
 
Record is never destroyed or gone. Its a record. Pardon means your rights are restored, but anybody can find your record as if you had never been pardoned.
 
Well I hereby formally tender my withdrawal as counsel here. Let me know how it goes. I always enjoy hearing how the impossible is accomplished, especially in courts of law.
 
You must log in or register to reply here.
Back
Top