Voluntarily admitted... IL FOID
My husband previously had an IL FOID card in 1998, but when his ex-wife filed an EOP (unprovoked, unsubstantiated tactic to keep the house), and dropped, but lost his FOID card in the process. He never got another.
About 3 years ago, he had an accidental overdose of xanax and ended up in the ER. He was asked to "voluntarily admit" himself to a psych ward, which he did (as it was better than the involuntary option).
We were under the impression that he could not even apply for a FOID card because of this. But recently we understand that perhaps it would be OK -he is not on any meds and this was a voluntary, not ordered, hospital stay (for just the minimum 3 days).
Anyone know the law here? We sure don't want to apply, then get denied and on some list for years, possibly triggering a future denial even after the 5 year mental-institution waiting period.
About 3 years ago, he had an accidental overdose of xanax and ended up in the ER. He was asked to "voluntarily admit" himself to a psych ward, which he did (as it was better than the involuntary option).
We were under the impression that he could not even apply for a FOID card because of this. But recently we understand that perhaps it would be OK -he is not on any meds and this was a voluntary, not ordered, hospital stay (for just the minimum 3 days).
Anyone know the law here? We sure don't want to apply, then get denied and on some list for years, possibly triggering a future denial even after the 5 year mental-institution waiting period.
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The cut-off for admissions to a mental institution is five years from the date of release for an IL FOID and I didn't find any mention of a specific length of stay in such a facility as a qualifier. If he was released three years ago he has two more years to go before any application would be considered. Chapter 440, Act 65/4(a)(iv) spells is all out. Like everything else in the legal system there tend to be exceptions, especially if your so called "psych ward" (which I highly doubt is a legal term of any substance) does not actually qualify as a mental institution under IL State law.
Situations like this are complex issues and only an attorney who specializes in firearms law will be familiar with the exact legal requirements.0 -
There is a appeals process, its a matter of calling and having a phone interview with the director of the Foid division.
I have spoken with people who have had positive results and card
reinstated.
After looking deeper, he will need to wait another 2 yrs, the part in the last 5 yrs, have you been a patient in a mental institution or medical facility used primarily for the care or treatment of persons with mental illness will be the sticking point.
i believe that under current situations and political climate where mental illness is one of the issues used in the gun debate the state will hold firm on the 5 yrs stance. I am from illinois.0 -
quote:Originally posted by mark christian
The cut-off for admissions to a mental institution is five years from the date of release for an IL FOID and I didn't find any mention of a specific length of stay in such a facility as a qualifier. If he was released three years ago he has two more years to go before any application would be considered. Chapter 440, Act 65/4(a)(iv) spells is all out. Like everything else in the legal system there tend to be exceptions, especially if your so called "psych ward" (which I highly doubt is a legal term of any substance) does not actually qualify as a mental institution under IL State law.
Situations like this are complex issues and only an attorney who specializes in firearms law will be familiar with the exact legal requirements.
Thanks, but we're done with lawyers. I'm sure the length of stay is irrelevant, but the important designation seems to be "voluntary". I've read about other state's laws, perhaps PA, that this is a huge difference.0 -
Can you just apply and see what they say? Or will that get you in trouble.
Here in Oklahoma when getting a concealed carry permit you would just list it, here volintary does not stop you.0 -
Illinois will either accept or decline, as i said above there is a appeals process, with the political climate i would bet they will want to see the full 5 yrs wait to show as a indicator that it was a one time/mistake issue. 0
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