Illinois FOID denied -- Wrongly claims that I was a mental patient

E

emjay

Inactive
I received a denial letter dated a few days after my online FOID card submission. In the letter they list four separate instances of "VOLUNTARY MENTAL HEALTH ADMISSION" with dates and locations. However, I have never been a patient at any hospital for any reason.

I have read that the FOID card backlog is 30+ days, so part of it must be automated since I heard back so soon. That leaves open the possibility of a computer glitch, but I've searched Google and this forum and I can't find anyone else talking about it happening to them.

There is the potential identity theft explanation, but I don't think my name and address was given since I never received anything in the mail from any hospital. Perhaps someone gave a bogus social security number matching my own and that is what got reported. I have no idea how that system works though.


The letter came with a contact phone number and an appeal form. I haven't done either yet. I wanted to ask you guys on here first if you recall seeing anything like this before.
 
Happens more than you might think. BUT, no one on here can really help you. Fill out the forms and go through the process. If that fails you'll have to get a lawyer.
 
I would call the number and do the appeal, obviously. Admit nothing over the phone, I would also record the call if local law allows. Mental health can be tons of things, from prescriptions, court cases that involve drugs or violence etc. Hopefully its a quick misunderstanding, keep us posted, interested to know.
 
Congratulations, you are now going to have to engage in a bureaucratic process ! Do begin the appeal process and do consult with an attorney. If you've got a much-desired firearm on hold down at the local shop, forget about it, plan on one year of effort.

Just don't let it drive you insane, OK?
 
Wrongly denied foid that I was mental patient

A friendly vist to your state Represenative's Office, or State Senator, unless they are rabid anti gun should be willing to get things done on your behalf a lot quicker. Just be sure to take "any" information especially any evidence that you have not been committed.
They generall go by Social security numbers and Drivers Licenses now, at least around here on identification matters.
 
It has happened before:

A friend of mine had his Illinois FOID application answered with a state trooper at his door with an arrest warrant. Whomever processed his application just ran the name, not the SSN. The other person with the exact same name was a different race. It was cleared up quickly. Same thing might have happened to you. Before you spend money on a lawyer, go through the appeal process. That might be a cheaper and less painful fix than the courts or a representative. Rest easy; the most likely cause of the denial: a lazy clerk.

Welcome the the Forum.

Good luck with the red tape...
 
Sorry for your misfortune. Illinois can be difficult when it comes to anything firearms related. Start an appeal ASAP. You will probably be asked to provide finger prints to prove who you are, and most importantly who you are not. Get ahold of your district's Illinois State Representative (as long as this person isn't overly anti-gun) and tell him/her what's going on. Tell the truth. Even if it hurts, tell the truth. One little white lie and you'll never get your FOID. Good luck.
 
Consult a lawyer and use them. Preferably in that order.
Click to expand...

Very good advice. Managed job sites all over the US for many years. Dealt with numerous state agencies that made errors in important matters . You would be surprised at how quickly an agency that has made an error in fact responds after receiving a letter from a lawyer: Visions of of defamation lawsuits and all that.
 
emjay sign up to the Illinois Carry board and post your story in the "Illinois Carry Licensing Process" section. There are people there who are knowledgeable in this issue and can help you, you can always consult a lawyer later if need be.

If your story is true they probably have you confused with someone else with the same name, it's happened before even with a SS#.

http://illinoiscarry.com/forum/index.php
 
There's a catch 22 to this.
Anyone who chooses to live in Illinois and wants to buy a gun is bound to be automatically considered a candidate for a mental institution. :)
 
G., it's changing!

http://chicago.suntimes.com/crime/7/71/1061143/shootings-south-west-sides-leave-15-wounded

This weekend a Chicago (Illinois) CHL holder shot a bad guy. From the story:
"Guglielmi said Gildersleeve had an extensive criminal history, including prior arrests for robbery.

The citizen who shot Gildersleeve has a concealed carry permit and a FOID card, Guglielmi said. Area Central detectives are conferring with the Cook County state’s attorney’s office to determine if any charges will be appropriate."

So he isn't off the hook yet, but they didn't immediately throw him in jail or the mental hospital for stopping the robbery.
 
@BobCat45 - he won't be charged. Despite its reputation, Chicago has historically been loathe to charge people who killed someone in what appears to be self defense. Even in the days of the handgun ban, and even if the shooter was a convicted felon and prohibited from possessing firearms per federal law. Even in those days they'd just confiscate the gun and not charge with any crimes.

It's a weird dynamic here.

And btw, Illinois has very strong laws giving immunity to civil liability to those who kill in lawful self defense.
 
A_C I get it. Grew up in the area, miss a lot - the everyday people, the regional food, the Blues music, the Museum of Science and Industry on the South Side...

So I know anecdotally that the cops will give a "good guy" a pass, given the choice.

I'm told that here in Texas, in "the old days", it was common for "good guys" to carry - utterly in contravention of the law - because the laws were so selectively enforced.

I do not miss my Illinois FOID or signing my name to buy a box of ammunition, or waiting three (five?) days to pick up a pistol I'd purchased - not for a "background check" but a "cooling off period" - applicable even if one already owned guns.

Moving here was liberating; I'm just applauding the fact that concealed carry, in Chicago, is paying off in the sense of bad guys meeting effective resistance.

And the OP will get his FOID - they will straighten out the paperwork. Whether he has to pay a lawyer of someone else remains to be seen...
 
This sounds like a simple, and honest, mistake. Unlike some people on this forum I have made mistakes myself so I find that believable. Make the phone call and file the appeal. I don't think you need a lawyer at this point. That is what he would do and you can do it yourself. The state won't be impressed if a lawyer does it for you. They deal with them all the time.
 
This weekend a Chicago (Illinois) CHL holder shot a bad guy. From the story:
"Guglielmi said Gildersleeve had an extensive criminal history, including prior arrests for robbery.
Click to expand...

Gildersleeve??? Not Throckmorton P. Gildersleeve, I hope...:D
 
A_C - I was being unfair I think. It may not have been an Illinois law, or have anything to do with FOID.

There was a law (that may have been part of the 1968 GCA) that mandated that every ammunition purchase be documented, show ID and sign for the ammo in addition to paying for it.

I think that part was repealed; maybe someone whose memory isn't in as bad shape as mine can shed some light on this.

And I still think the OP will get his FOID. He will just have to politely insist they get the records straightened out.
 
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