Let’s suppose you are a hardworking family man. You have committed countless hours and immeasurable blood, sweat, and tears to your family. Despite constantly being busy with work, you have tried your best to also fulfill the obligations of fatherhood and to be a good husband. As part of being a good family man, you make sure to keep your family protected, and that means that you responsibly and legally carry firearms.
Even Good People Get Stuck in Tough Situations
Orders of Protection can interrupt that right to carry, and thus your ability to protect your family. Good people can find themselves in bad situations sometimes. Maybe your impassioned marital dispute got a little too impassioned and your partner got scared. In a fit, the police were called, and in short order, the police became the courts, and with your head reeling, you found yourself under a restraining order and without an FOID or a firearm.
Filing an Appeal With the County Circuit Court
In order to regain your right to carry, you may need to file an appeal with your local county circuit court if the Illinois State Police deny your request for reinstatement. This appeal amounts to a petition for an order compelling the Illinois State Police to reissue your FOID card. In order for this to happen, your order of protection will have to be vacated. A copy of the petition must be provided to the local Illinois Attorney General, giving the State an opportunity to object to the petition. Then, the court will schedule a legal hearing where the applicant will prepare legal arguments in support of the petition.
Legally, What Do I Need to Prove in My Petition?
The legal standards are detailed in the Illinois Compiled Statutes and are as follows:
- 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 FOID Card, or at least 20 years have passed since the end of any period of imprisonment imposed in relation to that conviction
- The circumstances regarding a criminal conviction, where applicable, 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
- Granting relief would not be contrary to the public interest; and
- Granting relief would not be contrary to federal law
Contact an Experienced Lawyer Today
We understand that good people find themselves in bad situations. Whether you made a rare mistake or are the victim of a misunderstanding, we can help you. If you need representation for a criminal charge in Cook County, Glasgow & Olsson is uniquely qualified to help. When you need an attorney, experience matters. Contact us today to learn how our experience can get you the results you deserve.