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Posted: 6/23/2015 1:04:28 PM EDT
A buddy of mine, who I met about 15 years ago, had some trouble with the law about 30 years ago.  He's been on the straight and narrow for a long time now, and is not only an auto body man, but a body shop manager who is making a very good legal living.

He is a convicted felon, of a non-violent felony (auto-theft), who served his time.  He has recently married within the last 5 years, and between him and his wife have 5 kids.  He doesn't own a firearm, because he insists that the state won't allow him to have one.  He's so adamant, he won't even try and apply for a FOID.

I can't find anywhere that states he cannot own a firearm.

Can someone help me help him?
Link Posted: 6/23/2015 2:46:28 PM EDT
[#1]
He should talk to a local attorney experienced with expungement. The rules have changed

recently and I haven't done one in years. Years ago my dad got one for my step-brother that

was not technically able to be done.  If it's a small county and the lawyer knows the judge and

DA he may get it done anyway for someone with no recent record.
Link Posted: 6/23/2015 2:54:54 PM EDT
[#2]
Yep, have him look into expunging the felony.

Sec. 24-1.1. Unlawful Use or Possession of Weapons by Felons or Persons in the Custody of the Department of Corrections Facilities.
   (a) It is unlawful for a person to knowingly possess on or about his person or on his land or in his own abode or fixed place of business any weapon prohibited under Section 24-1 of this Act or any firearm or any firearm ammunition if the person has been convicted of a felony under the laws of this State or any other jurisdiction. This Section shall not apply if the person has been granted relief by the Director of the Department of State Police under Section 10 of the Firearm Owners Identification Card Act.

[SNIP]
View Quote

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K24-1.1

(g) It shall be unlawful for any person—
(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
* * *
to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.
View Quote


18 U.S.C. § 922(g)
Link Posted: 6/23/2015 6:02:23 PM EDT
[#3]
Thanks guys.  I linked him to this thread and he's going to get after it.

Any recommendations on an attorney in Southern IL who might help?  He's specifically in Madison county I believe.
Link Posted: 6/23/2015 6:14:07 PM EDT
[#4]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Thanks guys.  I linked him to this thread and he's going to get after it.

Any recommendations on an attorney in Southern IL who might help?  He's specifically in Madison county I believe.
View Quote


Check the ISRA website or send them an email about pro-gun attorney recommendations.
Link Posted: 6/23/2015 6:20:49 PM EDT
[#5]
Thanks guys.  He's excited.  First thing I'll do when this is over is take him clay shooting.
Link Posted: 6/24/2015 2:36:30 AM EDT
[#6]
Tell him not to apply for an FOID. It could go against him when trying to get it off his record. Technically he would be committing a crime
Link Posted: 6/24/2015 1:59:49 PM EDT
[#7]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Tell him not to apply for an FOID. It could go against him when trying to get it off his record. Technically he would be committing a crime
View Quote



It's not a criminal offense if he does not lie on the FOID application.

Once 20 years has passed since the felony conviction or release from a correctional institution (whichever is later), a person can apply for a FOID and request an administrative hearing with the ISP Firearm Services Bureau to argue their case for issuing a FOID.  An attorney who is familiar with the process and case law pertaining to relief should be hired to represent the person who has been convicted of a felony and attempting to acquire a FOID.

A man who belongs to my gun club was convicted for trafficking marijuana years ago and served a short prison term.  Not only does he have a FOID, he recently acquired a valid FCCL.  It was long uphill fight, but he got it done.
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