In Illinois, if you want to legally own and possess a firearm, you have to obtain a Firearm Owner’s Identification Card (FOID Card). A valid and not expired FOID card permits an Illinois resident to own a pistol, shotgun or any other permitted by law firearm. You need to file an application and meet certain criteria to get a FOID Card. The Illinois legislature enacted this law to prohibit certain categories of people to own firearms. It is relatively simple to obtain a FOID Card. You can do it online by applying via an online portal on the Illinois State Police website.
When Police Can Deny or Revoke Your FOID Card
The Illinois State Police has the authority to deny an application for or to revoke and seize a Firearm Owner’s Identification Card if a FOID card owner was convicted of a felony or has a drug conviction. If the police deny the application, the Concealed Carry Licensing Review Board will review the police’s decision. If the Board decides not to issue you a license, the PGO Law Firm can help you appeal this decision.
FOID Card Appeals
Illinois residents who want to acquire or possess a gun must typically obtain a FOID Card. This law was designed by the Illinois legislature to identify persons who are eligible to purchase & own firearms. Any resident over the age of 21 with a clean criminal record and valid driver’s license may apply. It is important to note that a FOID Card is not the same as a concealed carry license, but rather a threshold requirement applicable to all non-exempt gun owners & purchasers.
The Illinois State Police may refuse to issue a FOID Card or seize a previously issued FOID Card when the applicant or holder fails to meet the statute’s eligibility requirements. The law grants authority to the Illinois State Police to deny a FOID Card on the basis of several “red flags” outlined under the law. The grounds for denial focus on the following key areas:
- Mental illness – Such as receiving institutional treatment for mental illness within the past 5 years, those determined to be mentally retarded or whose mental condition poses a “clear and present danger” to the applicant
- Criminal Activity – Such as felony convictions in Illinois or elsewhere, persons prohibited by state or federal law from possessing a firearm, convictions for domestic battery or similar offenses in other jurisdictions or convictions for certain violent offenses involving a firearm
- Addiction to or use of certain specified drugs
An unfair restriction of your firearm rights due to an unjustified FOID Card denial or suspension can be frustrating. It can prevent your employment in certain industries and could unnecessarily restrict your right to bear arms. The PGO Law Firm has the experience to help you keep your FOID card and protect your legal rights.