In need of a lawyer in the 708 area code

[Wots]

HI

I'm in need of a good criminal lawyer in the Oak Lawn or the 708 area code area.
Long story short I recently moved down to Texas from chicago. I had my FOID card and a Utah carry permit.
I attempted to purchase a rifle. With the feds insta check I was flagged for a misdemeanor
dating back to '76.

If you know of anyone that you can recommend please send me an IM.

Thanks

Craig

[akajun]

Join, then contact the Texas State Rifle Association, ask them for help. I think they have run into this stuff before.

[HATCH]

Didn't think they could refuse a gun sale on a misdemeanor charge unless it was violent or gun related..

[Petrol & Powder]

Domestic violence convictions can result in a prohibited status under the Lautenberg act. It's under the 922 section of the U.S. code.
Sometimes an old assault conviction will be assumed to be a domestic violence conviction by default if the computerized record is not clear.

[Wots]

Already joined the TSRA and they suggested that I needed a lawyer in illinoid. The only lawyer they had was not in crook county.


No guns, no violence.

[akajun]

No what the Feds are doing is going after people who are unable to get concealed weapons permits due to misdemeanor convictions. They pulled this in LA last year , we, the LSA, were able to get the legislature to change some laws to gut the Feds plans.
Basicslly lsp would not issue a cwp to persons with misdemeanor convictions of violence or dwi in the past 5 years. The Feds tried to say that if the state is denying you a type of weapon , then you can't be approved to purchase any firearm . Basically they were interpreting a permit to carry a weapon as a type of weapon .

[Petrol & Powder]

I don't think we have enough information to say why the OP was denied and I don't think the OP needs to explain further. The OP asked for advice on an attorney and another member questioned how he could be denied for a misdemeanor conviction. I merely addressed that question by HATCH and offered one possible scenario in which an old misdemeanor could result in a denial during a preliminary background check.
I'm not speculating as to why the OP was denied, I simply offered one possible explanation for a denial and there are many other explanations as well.

[runfiverun]

Bad Water Bill might be able to help, he is involved with the gun stuff in Chicago.
and might know of a gun saavy lawer to recommend.

[starmac]

Bad Water Bill might be able to help, he is involved with the gun stuff in Chicago.
and might know of a gun saavy lawer to recommend.

You beat me to it, I would bet a dollar to a busted donut hole that he either knows of one, or knows someone that does. I would also bet he would be glad to help.

[mjwcaster]

Join illinoiscarry.com (http://illinoiscarry.com/forum/) and ask there.
They should be able to point you in the right direction.

[starmac]

With all the fighting over gun rights in Illinois, and you lived there and had your foid card, I assume you were probably a member of some groups that were in the fight, do they not have lawyers, or at least recommendations for them??

Have you checked with the NRA?

[mjwcaster]

Also before going with the lawyer, you can call the county (of the arrest) circuit court and see if they can pull records for you.

I don't know about the Feds, but an issue that people have had with carry permits is that the disposition of their cases are not entered in the computer properly.
Sometimes all that is on record is the arrest, not the disposition of the case, even if it was dismissed.
So the person has to do their own leg work of the background check (that we pay $150 for), by digging up the paperwork.

Not sure if this will fix it for you, but doing all the leg work you can may save you some money even if you have to get a lawyer.

Matt

[DLCTEX]

A friend was charged with possession of marijuana when he was 19. The court offered 3 years of adjudication and said it would be removed from his record. He completed that and has been a model citizen for 41 years and has owned guns and hunted since until Homeland Security came into being and due to his needing their approval in for a CDL for trucking (which was approved) they removed his right to own guns. He spent a lot of money on lawyers, but still can't own a gun at age 60. I am considering asking the governor to pardon him, even though he has had two hours with cancer (one of which was supposed to be terminal) and would be limited in his ability to hunt.

[PatMarlin]

Holy cow. How much marijuana? Felony or misdemeanor? Had to be pretty heavy duty for all that.

[DCP]

I thought Texas was a free state
He can have in GUN in IL but not Texas

This doesn't make a lot of sense to me. Something seems horribly wrong.

Maybe more facts would make it clearer

[starmac]

I thought Texas was a free state
He can have in GUN in IL but not Texas

This doesn't make a lot of sense to me. Something seems horribly wrong.

Maybe more facts would make it clearer

The state has nothing to do with the background check.

[DCP]

The state has nothing to do with the background check.

That was my point.
If it passed in IL why wont it in Texas!

IL is State that if you look cross eyed it wont give you a FOID. So no gun!!!!!!!!
He also passed in Utah.

[DCP]

https://en.wikipedia.org/wiki/FOID_(firearms)

FOID is an acronym for Firearm Owners Identification. To legally possess or purchase firearms or ammunition, residents of the state of Illinois are required to have a FOID card.[1] (The term is alternatively pronounced "a foid card" or "an F.O.I.D. card".) The law has been in effect since 1968,[2] and has been subject to amendments both increasing and decreasing its scope[citation needed] since its initial adoption in parallel to the federal Gun Control Act of 1968, which itself was seen as a response to several high profile political assassinations in the 1960s.

The FOID card is issued by the Illinois State Police, who first perform a check of the applicant on the National Instant Criminal Background Check System (NICS), an electronic database maintained by the FBI. Grounds for disqualification include a conviction for a felony or for an act of domestic violence, a conviction for assault or battery within the last five years, or being the subject of an order of protection. The police also check an Illinois Department of Human Services database, to disqualify any applicant who has been adjudicated as a mental defective, or who has been a patient of a mental institution within the last five years.[3] Mental health professionals are required to inform state authorities about patients who display violent, suicidal or threatening behavior, for inclusion in the Human Services database.[4] The police may also check other sources of information. There are additional requirements for applicants under the age of 21.[5]

An application for a FOID card can be submitted online. A paper application process is also available.[6]

A FOID card legally must be granted within 30 days from the date the application is received, unless the applicant does not qualify. However, by January 2006, the backlog had increased and the State Police were taking as long as 50 days, in violation of the law, to issue or deny the FOID.[2] By March 2013 the delay was often at least 60 days.[7] Cards issued on or after June 1, 2008 are valid for ten years; cards issued prior to June 1, 2008 are valid for five years.[3] The application fee for the card is ten dollars. The FOID card will be revoked before its expiration if the individual becomes disqualified as described above.

Illinois law requires that, when a firearm is sold by a Federal Firearms License (FFL) holder, or at a gun show, the seller perform a dial-up inquiry to the State Police to verify that the buyer's FOID card is valid. This additional check is known as the Firearm Transfer Inquiry Program (FTIP).[8][9] At the time of the inquiry, the police perform an automated search of several criminal and mental health databases, including the federal NICS database.[1] (Generally, FFLs in all states must request a background check through the NICS before selling a firearm; however in some states non-FFL purchasers who possess certain state-issued firearms permits, e.g., a permit to carry a concealed handgun, may purchase firearms from FFLs without undergoing a point-of-sale NICS check.)[10][11] For private sales not at a gun show, the seller must also verify the buyer's FOID card with the state police, and receive a transfer approval number, either via a web site or with a phone call.[12][13]

In 2011, in the case of People v. Holmes, the Illinois Supreme Court ruled that non-Illinois residents who are permitted to possess a firearm in their home state are not required to have an Illinois FOID card when in possession of firearms or ammunition in Illinois.[

[starmac]

Things have likely tightened up since he got his foid card.

Iirc a couple of years a guy in the southeast (maybe Georgia) went to RENEW his cc permit and they not only denied it, but consfiscated the firearms he owned because he had gotten in a fight in 1968 while on leave from Vietnam.
I have heard numerous accounts of old charges from the past showing up on peoples records since 911, that never did before.
And it could possibly just be a mistake, it does happen.

[Thumbcocker]

Find out what the offense was. Was it a conviction or court supervision disposition? Go to the state appellate defender's Web site for a list of offenses that are subject to being expunged and instructions on how to seek expungement. I regularly see people appearing on expungement petitions on their own.

[Petrol & Powder]

A friend was charged with possession of marijuana when he was 19. The court offered 3 years of adjudication and said it would be removed from his record. He completed that and has been a model citizen for 41 years and has owned guns and hunted since until Homeland Security came into being and due to his needing their approval in for a CDL for trucking (which was approved) they removed his right to own guns. He spent a lot of money on lawyers, but still can't own a gun at age 60. I am considering asking the governor to pardon him, even though he has had two hours with cancer (one of which was supposed to be terminal) and would be limited in his ability to hunt.

I'm not questioning you but your friend's story has a lot of holes in it.
That was not a misdemeanor possession of marijuana if there was a potential 3 year sentence. That was a felony charge.
Criminal records do not "go away" unless they are expunged and you can't get guilty verdicts "expunged", only arrests that don't result in convictions can be expunged.
And "adjudication" means a hearing or a trial. They didn't offer him a 3 year long trial; they probably offered him 3 years of probation.


So, more than likely your friend is minimizing his prior legal problems, which doesn't make him a bad guy. It's just not an entirely accurate story.

[DLCTEX]

The holes in the story are mine, not his. I do know that he did the probation and was told it would be removed from his record. He lived a flawless life since and with no problems from law enforcement, many of whom were friends and knew his history. I feel that if the state tells you it will be removed from your record it should be gone. Period.

[Thumbcocker]

Some states have forms of "probation" that does not result in a conviction. Once the offender has paid and complied the case can be dismissed. Sometimes this is automatic and sometimes it takes action by the offender. In Illinois 720 ILCS 550/10 is an example. There is also the option of executive clemency.

[Petrol & Powder]

I think the state told him his probation would end after a specific period of time if he didn't incur additional problems and that would be the end of that heightened scrutiny.
I don't think the state told him the event would be removed from his record but I have no doubt that is what he heard.
Criminal records get old but they don't get stale, expire, evaporate or "go away".

Now, it is very possible that he was arrested for a felony but only convicted of a misdemeanor, which would explain how he has been able to purchase and openly possess firearms for many years, even with the knowledge of law enforcement officers.
His recent denial may be the result of someone conducting the background check and mistaking the felony arrest as a felony conviction. Or there could be information that your friend is not telling you.

[gtgeorge]

I can say first hand that any improperly closed case can cause grief now. I went to renew end of last year and was denied for a misdemeanor from 1976 that was supposed to be expunged. I had to go to the city it occurred in to pull records and have it finished since clerks don't do their job.

[GabbyM]

Don't know how common it is. However an Illinois County Clerks office transcribed my old records from the 1970's micro fish(?) files. Entering them into the state computer database. Which Illinois shares with the FBI. Thus long forgotten files were made accessible at the click of a mouse. This happened when I got divorced and the ex made trouble causing my files to be pulled out of the vault. After pulling them up they enter them into the computer since you now have an active case. In the end it all got worked out and I retained my FOID in spite of the ex claiming domestic violence which never happened. A wise judge and a decent divorce lawyer were the keys in that. State of Illinois however did revoke the Ex wife's FOID card. For issues mostly unrelated to our divorce. Sometime our political life gets complicated. I can't blame the state for my ex wife's mental issues. Actually they have dealt with the situation as well as one could hope for from a government. Of course this is East Central Illinois not Chicago.

[Char-Gar]

I'm not questioning you but your friend's story has a lot of holes in it.
That was not a misdemeanor possession of marijuana if there was a potential 3 year sentence. That was a felony charge.
Criminal records do not "go away" unless they are expunged and you can't get guilty verdicts "expunged", only arrests that don't result in convictions can be expunged.
And "adjudication" means a hearing or a trial. They didn't offer him a 3 year long trial; they probably offered him 3 years of probation.


So, more than likely your friend is minimizing his prior legal problems, which doesn't make him a bad guy. It's just not an entirely accurate story.

I was a kid lawyer in Texas 41 years ago, and there was no misdemeanor marijuana charges at that time. Possession of even one seed capable of germination was a felony. I knew a guy who did two years of hard time for just one butt of a pot cigarette. Of course the guy had been out of prison less than a month on other charges. Texas was a tough place on dope of any kind back in that time. Then society decided that it was to harsh to punish mere marijuana that hard and fast forward to today to see where they got us.

That said, first time marijuana charges got probation, if the culprit took a plea. Ask for a trial, and the prosecutor was not so generous.

There was no "Deferred Adjudication" in Texas at that time. There was probation, but at the end of probation, the record was not expunged UNLESS the defendants took affirmative action, by filling a motion to reopen the case. The judge would then do that and the case would be dismissed. The State would not automatically do that, as years later, they had their focus elsewhere. After the plea, the file was closed unless the defendant did something to cause it to be reopened. The Adult Probation people had the standing to do it, but I never knew that to happen, they had moved on by that time.

I should think a Motion to Expunge today would meet very little resistance and be successful. Should be easier and consume less time than asking the Gov. for a pardon. You can expunge a final conviction in Texas, but you had better have a good reason to ask.

I dealt with lots of "dope" cases, Texas State and Federal at that time. It was our law firms bread and butter. The lesson in this is to never assume anything, if it is your blue chips on the table. Never assume that what you are told by some public functionary is correct, or that they will do what they said they will do. If it is your "stuff", you take care of the follow through as nobody will take care of you but you.

[Thumbcocker]

In Illinois not every offense may be expunged. The website I mentioned in my first post has a list of what can be expunged and how to proceed. Passage of time will not vacate a conviction not on the list of what may be expunged. In that case executive clemency may be the only option. I believe the appellate defender's sire may have information on that as well.

[Char-Gar]

In Illinois not every offense may be expunged. The website I mentioned in my first post has a list of what can be expunged and how to proceed. Passage of time will not vacate a conviction not on the list of what may be expunged. In that case executive clemency may be the only option. I believe the appellate defender's sire may have information on that as well.

Do we know exactly which state the "offense" took place and the resulting conviction?

[DCP]

Do we know exactly which state the "offense" took place and the resulting conviction?

Its IL

Please read the very 1st post