I was first contacted by Jay (not his real name) in late 2018. He was interested in petitioning for clemency to get his gun rights reinstated.

Gun Rights Lost Following Felony Conviction

In 2012, Jay applied for a FOID card but his application was denied because of a 1992 non-violent felony conviction. He filed an appeal but never received a response from the Illinois State Police (“ISP”). 

In 2019, I filed Jay’s clemency petition. This was early in Gov. J.B. Pritzker’s first year in office -- too early to tell how he was going to exercise his clemency authority.

Jay’s hearing before the Prisoner Review Board went well. I remained confident that Jay would receive a pardon and get his gun rights reinstated. It turned out I was only half right.

Pardon Granted Without Gun Rights Reinstated

At the end of 2020, I reviewed Gov. Pritzker’s clemency grants and noticed that he rarely reinstated gun rights. I notified Jay of my findings. I told him it was unlikely he’d receive his gun rights back.

In March 2021, Jay received a pardon but was not granted reinstatement of his gun rights. Even though I’d warned Jay of this very outcome, he was still deeply disappointed.

2012 FOID Card Denial Overturned Following ISP Review 

Recently, much to my surprise, Jay informed me that the ISP issued him a FOID card. What? I peppered Jay with questions. Jay sent me the letter he received from the ISP several months earlier.

Remember that appeal Jay filed? Seemingly out of the blue, the ISP informed Jay that it had reviewed his file and decided to grant him “relief” for his felony conviction, pursuant to 430 ILCS 65/10.

The letter further stated that since Jay’s FOID card application expired several months earlier (10 years later), he would need to reapply. I have yet to determine if Jay’s experience is unique.

FOID Card Appeal Process Recently Revised

However, what I did learn is that recent changes have been made to the FOID card appeal process. Is it possible Jay benefited from these changes? I have not given up on finding out why the ISP granted Jay a FOID card 10 years later.

In a separate article, I outline the current FOID card appeal remedies. (Add a link to the other blog posting here.)

In any case, I’m thrilled that Jay can finally take his kids out hunting -- just as his father did with him as a child.