Ok here is the story I have had two felony arrests. Both for drug related charges. The first one I got four drugs schools for 4 hours each and the case was ruled noelle prosequi, which means it was dismissed. The second one I was found not guilty due to no probable cause so it was also dismissed. So I am NOT a felon. Will I be able to get my foid card and get a handgun. I am 25 years old. Thanks to any responses
Am i eligible for il foid card. Please help
- Thread starter tzak14
- Start date
- Status
thanks
It was a long time ago five years or so. It was a stupid thing I did rite out of high school. I'm still asking if I cqan legally get the foid card and a handgun. Does anyone know? At least it wasn't a domestic or something violent those are the people you need to worry about getting a gun. I have never hurt anyone and I'm just trying to get an answer to a somewhat simple question
It was a long time ago five years or so. It was a stupid thing I did rite out of high school. I'm still asking if I cqan legally get the foid card and a handgun. Does anyone know? At least it wasn't a domestic or something violent those are the people you need to worry about getting a gun. I have never hurt anyone and I'm just trying to get an answer to a somewhat simple question
I think noelle prosequi is less then a dismissal. Its just a decision by the prosecution not to proceed with the case.
Dismissal due to lack of probable cause is not really the same thing as being found not guilty either.
I agree you really need to stay away from drugs for a while before you consider getting a firearm. You don't get felony drug charges over tiny amounts of drugs. Usually it means the guy being charged was dealing.
If you are accurately reflecting what happened, you probably can get a FOID card. The easiest way to find out is to just pay the ten dollars and send in the form.
Incidentally, it is best for you if you do not give details of your case in a public forum like this. Its entirely possible they could come back and re-indict you if the statue of limitations has not expired, and the details are not actually important to answering the question. No reason to take chances.
Last edited:
Ohio Gun Guy
Member
Just know that the penalties for crimes committed with a gun and drugs, are a MAJOR problem (Typically have Firearms multipliers to sentencing!).
Please make sure you are no longer involved with the same people or drugs!
Please make sure you are no longer involved with the same people or drugs!
thank you
Ok thanks for the answers. And after my drug cases I did attend na and have been sober off any mind altering substance for four years. I'm just wondering if the arrests by themselves are enough for the state police or whoever to deny me even though I am not a felon. Does that make sense?
Ok thanks for the answers. And after my drug cases I did attend na and have been sober off any mind altering substance for four years. I'm just wondering if the arrests by themselves are enough for the state police or whoever to deny me even though I am not a felon. Does that make sense?
shotgunjoel
Member
Agreed.
You should be fine in getting a FOID and a handgun. Just being arrested means nothing. And if your FOID application doesn't go through, they aren't going to fine you or arrest you.
I know we are dealing with a more "mature" conservative crowd on this board, so I am not surprised at the responses. Would you guys say the same thing if he had a DUI or Public Intoxication? I know guns and drugs don't mix (neither do alcohol and guns). But I have a hard time lecturing someone who probably got caught with some weed, or maybe some mushrooms or ecstacy. All of which I admit to have taken in my youth (hey I went to UC Berkeley 
).
OP- I'm not from IL, I think you should be good tho. IMO the issue is not the drugs but why were you CAUGHT twice? Implies more than occasional use or worse than normal judgement. On the other hand, congrats on the sobriety! If you did/do have a substance abuse problem, your acceptance of it and success in overcoming it is commmendable.
).OP- I'm not from IL, I think you should be good tho. IMO the issue is not the drugs but why were you CAUGHT twice? Implies more than occasional use or worse than normal judgement. On the other hand, congrats on the sobriety! If you did/do have a substance abuse problem, your acceptance of it and success in overcoming it is commmendable.
Completely incorrect.
Most illegal drugs other than marijuana are a felony just to possess in any amount whatsoever. Steroids used to be minor but as of 2006 after the big baseball thing they became a felony too from legislation passed by Congress earlier. Most of the big body builders and pro wrestlers are now committing felonies on a regular basis.
Even just small amounts of marijuana was a felony in several states until recent years.
Possession of drug paraphernalia is often a felony itself even when the drug is marijuana and less than a felony. So the pipe to smoke the drug can be a felony even if the drug is not.
Even possession of prescription drugs you do not have a prescription for is a felony, as is simply giving one pill of something you do have a prescription for to a friend. Friend has some serious pain and you give them 1 pill of a prescription you have stored away from some injury or surgery years ago? Felony committed by both of you.
So pretty much anything except marijuana is a felony even in just tiny amounts for personal use. Even some forms of marijuana are a felony, like hash for example in any amount.
Possession of anything with intent to sell, even small amounts of marijuana is a felony, and cops will often charge people with that even for pot just for personal use.
Knowing some potheads over the years out in California who would buy several small bags of it at a time, if they were caught with those drugs they would be charged with a felony with intent to sell just because they are in multiple bags. Since many dealers have pre packaged certain amounts, anyone buying more than that amount at low level retail is going to have multiple bags of it even when for personal use. As a result they will be charged with possession for sales, a felony, even for small amounts that would otherwise be a misdemeanor or less if they are discovered by LEO.
So no, all illegal drugs can be a felony just to possess, and most except marijuana always are whether someone is dealing or not.
As for the OP. You have never been convicted of a crime according to you, so no you are not prohibited. If you do have a drug problem it would be wise to leave guns alone. Drugs and especially drug problems tend to lead to instability and often financial desperation. Which can be a bad combination with a firearm.
Even if you have cleaned up but have friends that use drugs, a gun is a valuable object, and many drug users eventually become thieves.
Last edited:
ShootinDave
Member
Just fill out the app and turn it in.
You arent going to get a very possitive response on a gun advocacy website with your life story.
Its dope heads and dope dealers that have caused many of the dumb laws we ALL have to live under now.
You arent going to get a very possitive response on a gun advocacy website with your life story.
Its dope heads and dope dealers that have caused many of the dumb laws we ALL have to live under now.
shotgunjoel
Member
Yes.
jfh
Member.
"Would you guys say the same thing if he had a DUI or Public Intoxication? "
Yes!
Jim H.
Supertac45
Member
Just answer all the questions honestly on the application.
sonick808
Member
you've never been prosecuted, you should be OK. You don't have to answer yes to any questions about being prosecuted either. You have no convictions, proceed as normal.
BTW, stay AWAY from the drugs unless you LIKE jail or death.
BTW, stay AWAY from the drugs unless you LIKE jail or death.
Congrats on being clean for 4 years, and for being brave enough to post that on a public forum.
That being said, good luck. The (stupid) FOID process in our state is tricky. I was denied on false grounds my first application, sorted out, but it took another few months and a lot of leg work on my part. Long story. Anyway, sometimes it seems like they look for any reason to deny those things. My card expires next year, so here we go again..*sigh*. Hoped to have moved before it expired, but not gonna happen for a couple more years.
You should know you can always repeal a denial.
Sobriety is awesome and congrats again. But don't even buy a SLIGHTSHOT if you even keep a dimebag of weed around...it isn't worth it. We can't carry in this state, so Im assuming you want a hand gun for home protection. Something I didn't much think of was have a good safe to lock it up while you're gone, and make sure you hang around a good crowd these days. Guns are a great responsibility. Good luck with the FOID process and be safe sir. Keep us updated. If your record is clean (arrests, not convictions), you will probably be okay.
That being said, good luck. The (stupid) FOID process in our state is tricky. I was denied on false grounds my first application, sorted out, but it took another few months and a lot of leg work on my part. Long story. Anyway, sometimes it seems like they look for any reason to deny those things. My card expires next year, so here we go again..*sigh*. Hoped to have moved before it expired, but not gonna happen for a couple more years.
You should know you can always repeal a denial.
Sobriety is awesome and congrats again. But don't even buy a SLIGHTSHOT if you even keep a dimebag of weed around...it isn't worth it. We can't carry in this state, so Im assuming you want a hand gun for home protection. Something I didn't much think of was have a good safe to lock it up while you're gone, and make sure you hang around a good crowd these days. Guns are a great responsibility.
Good luck with the FOID process and be safe sir. Keep us updated. If your record is clean (arrests, not convictions), you will probably be okay.The key word is "convicted". In America you can be arrested and charged with anything 101 times, but it don't mean a thing if you were never convicted. If a jury has never convicted you, and you have never entered a guilty plea, then you should be fine.
On a side note, for the record... Marijuana is not illegal. It is however, illegal to possess it with out a tax stamp... Sounds kind of like SBR's, Sound suppressors, etc... Huh?
On a side note, for the record... Marijuana is not illegal. It is however, illegal to possess it with out a tax stamp... Sounds kind of like SBR's, Sound suppressors, etc... Huh?
The first question asked on the FOID application is:
"Have you ever been convicted of a felony?"
From what you're saying, you've only ever been charged, and never convicted. You should be good to go. Everyone makes mistakes when they're kids, it's part of growing up. The worst that can happen is you'll send in your application with a $10 check, and you'll get denied and be out the $10. It's not like a SWAT team is going drop down through your ceiling or anything. Go for it, and let us know how it works out.
"Have you ever been convicted of a felony?"
From what you're saying, you've only ever been charged, and never convicted. You should be good to go. Everyone makes mistakes when they're kids, it's part of growing up. The worst that can happen is you'll send in your application with a $10 check, and you'll get denied and be out the $10. It's not like a SWAT team is going drop down through your ceiling or anything. Go for it, and let us know how it works out.
Not to thread-jack but marijuana not illegal. That is a very common misconception. The possession of marijuana in and of its self is not illegal. Possessing it without a tax stamp is. The same thing goes for short barreled rifles, sound suppressors, etc. If you have marijuana or a 14" bbl rifle, with out paying the tax, you are breaking the law. If you possess either with the appropriate tax stamp, you are not breaking the law. This is the trick that the gov't resorts to in order to defacto ban something that it does not have the Constitutional authority to ban. So, if they can't ban something outright they use the Constitutional power to tax to do it. Just think. If you couldn't get a tax stamp (or what ever) for a silencer, and the Gov't refused to issue them, then no one could own one, but they would not technically be banned or illegal.
mljdeckard
Member
The very question makes my skin crawl.
Phatty
Member
It is in Illinois.
"It is unlawful for any person knowingly to possess cannabis." 720 ILCS 550/4.
creepiE
Member
If you were not convicted, then this is a non issue. The questions on the FOID are "yes" or "no"...not "well, here is what happened..."
- Status
