Crime & Traffic
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Some jobs require an employee to handle ammunition or carry a gun. To get one of these jobs, you must have a Firearm Owner's Identification (FOID) card. This article explains how to get one, and how to appeal if you are denied.
Note: On January 10, 2023, Governor JB Pritzker signed the Protect Illinois Communities Act (PICA) into law. This law controls the sale of assault-style weapons and bans certain weapons like AK-type and AR-15-type rifles. If you had these weapons before the law took effect, you must submit an endorsement affidavit through your Firearm Owner’s Identification Card account by January 1, 2024. Unless you are exempted from this requirement, failing to submit the affidavit by the deadline while still having the items covered by the Act might lead to a violation of the FOID Act or Criminal Code of 2012. For more details about PICA, what it covers, and how to submit your affidavit, visit the Illinois State Police (ISP) website.
What is a FOID card?
A Firearm Owner's Identification (or "FOID") card is required in Illinois whenever you want to possess a firearm, taser, or ammunition. This includes if you are doing these things for work.
Visit the FOID portal for information regarding exemptions from FOID requirements.
How do I apply for a FOID card?
To apply for a FOID card, go to the Illinois State Police website. You will need:
- A valid Illinois driver's license or identification card number,
- A photograph showing your head and shoulders that was taken in the last 30 days (like a passport photo), and
- A $10.00 fee.
As of January 1, 2023, you can include fingerprints electronically with your application. You will need to pay a fee for the criminal history and fingerprint check.
New FOID applications are processed within 30 calendar days. FOID renewals are processed within 60 business days.
How long is my FOID card valid?
The FOID Card is valid for 10 years. A FOID cardholder may renew their FOID card up to 180 days in advance of the expiration date.
Need in-person help to apply for your FOID card?
If you are having a difficult time applying online or if you don't have access to online tools like a computer, smartphone, or tablet, you can get help in person. The Illinois State Police (ISP) has kiosks where you can get one-on-one help when applying for your Firearm Owners Identification (FOID) and Concealed Carry License (CCL). A publicly accessible computer will be available to complete online applications and make updates to existing accounts.
For additional support, see a list of retailers and instructors who can assist with FOID and CCL applications or renewals. Please note that some may charge a fee for their services, and these fees are subject to change.
Am I eligible for a FOID card?
To be eligible for a FOID card, you must:
- Be 21 years old, or have the consent of a parent or guardian who is eligible for a FOID card,
- Have your civil right to keep and bear arms, and
- Be an Illinois resident.
Your application for a FOID card will automatically be denied if you have on your record:
- Any felony conviction, including any kind of forcible felony conviction within 20 years of the FOID card application and felony drug convictions,
- Any conviction within the last 5 years for battery or assault with a firearm,
- A juvenile adjudication that's a forcible felony equivalent, or
- Any misdemeanor (if you're under 21).
A forcible felony is defined by law and is usually an offense where the person used force or threatened to use force. For example, the Illinois definition of a forcible felony includes burglary and armed robbery.
You can’t get a card if you’re subject to an Order of Protection (OP) that prohibits having guns. This includes if you violate an OP using guns. The police may suspend your FOID card if the order is less than a year.
There are many other reasons you may not be able to get a FOID card. For example, people who have a drug addiction or have recently failed a drug test can't get a card. Neither can people with intellectual or developmental disabilities.
The right to keep and bear arms in Illinois is a civil right. Your application may not be denied once your civil rights have been restored. For example, you might lose your civil rights through a conviction for misdemeanor domestic violence. But if you receive a pardon from the Governor that restores your civil right to own or possess a firearm, your application may not automatically be denied. If it is, the following will be considered during the appeal:
- You have not committed a forcible felony in the past 20 years,
- You are not likely to endanger public safety, and
- Granting your request would not be contrary to public interest.
What if I am denied a FOID card or my FOID card was revoked or suspended?
If your application was denied, or your FOID card was revoked or suspended, you should receive a letter telling you why. The letter should also explain the appeals process.
Normally, the first step is to appeal to the Director of the State Police, where the appeal will be reviewed by the Firearm Owner's Identification Card (“FOID”) Review Board. For example, denials for convictions for certain Class 3 or Class 4 felony convictions may be reviewed by the FOID Review Board. If you are still denied, you can file a petition with the circuit court. For general information, call the Illinois State Police at (217) 782-7980.
In some situations, you cannot appeal to the FOID Review Board. You must instead directly file your petition with the circuit court.
Neither the FOID Review Board nor a judge can grant a FOID if it is prohibited by federal law.
Appealing to the Director of the State Police (FOID Review Board)
You will need to send an email to [email protected] requesting a review. Be sure to include your name and date of birth. You will also have to send in an appeal form. On the form, you will need to provide a personal statement that explains the circumstances of the conviction(s) that made you ineligible to have a FOID card and why you will not pose a threat to public safety if you are allowed to own or possess a firearm. You can also attach letters of support from people who know you and can speak about your character and why you do not pose a threat to public safety.
Appealing a denial, revocation, or suspension based on mental health or intellectual disability
You can appeal to the FOID Review Board if you were denied because of a mental illness or intellectual disability, or if you met the definition of “clear and present danger” as defined the FOID Act (430 ILCS 65/1.1). The steps you will need to take will depend on whether you were a patient of a mental health facility or met the definition of clear and present danger less than five years ago or more than five years ago.
Be prepared to submit an affidavit discussing the circumstances of the event that led to your denial. You should also submit affidavits from other people that explain how they know you and why you should have a FOID card.
You may also be required to get a forensic mental health evaluation, which can sometimes take hours to complete and be very costly. After the evaluation, the mental health professional will need to complete and submit a Mental Health Certification form directly to the Illinois State Police.
Appealing a denial, revocation, or suspension based on something other than mental health or intellectual disability
If your denial, revocation, or suspension was due to something other than mental health or intellectual disability, the letter from the Illinois State Police will tell you whether you need to appeal directly to the FOID Review Board or the circuit court.
You should include in your appeal to the FOID Review Board an affidavit discussing the circumstances of the event that led to your denial. You should also submit affidavits from other people that describe your character and explain why they believe you should have a FOID card.
Filing a petition in the circuit court
If your appeal to the FOID Review Board is denied, or if you are required to appeal directly to the circuit court, you can file your petition in the circuit court in the county where you live or, if the conviction occurred in another state, a court in the state of conviction. In Illinois, you must send a copy to the State's Attorney for that county at least thirty days before the hearing on the petition.
The process for an appeal in circuit court is similar to the process of appealing to the FOID Review Board above. The difference is that you will attend a hearing instead of submitting your materials to the Illinois State Police by mail or email.
If you are successful, the judge will order the Director of the Illinois State Police to issue a FOID card to you. If the trial court denies the petition, you can then appeal to the Illinois Court of Appeals or to the appeals court in the state of conviction if the conviction occurred outside Illinois.
Federal law
You cannot get a FOID card if it is against federal law. If you have a felony or domestic violence charge on your record, federal law says you cannot have a FOID card until your civil rights have been restored.
Felonies
Your application for a FOID card will be denied, and you will have to appeal the denial, if you have a felony conviction on your record and your civil rights have not been restored. Felony convictions that make you ineligible for a FOID include:
- A forcible felony,
- Stalking,
- Aggravated stalking,
- Domestic battery,
- Any violation of the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, or the Cannabis Control Act that is classified as a Class 2 or greater felony,
- Any felony violation of Article 24 of the Criminal Code of 1961 or the Criminal Code of 2012, or
- Any adjudication as a delinquent minor for the commission of an offense that, if committed by an adult, would be a felony.
However, if you received a special probation sentence for a felony offense, such as First Time Offender Probation or Second Chance Probation, and satisfactorily completed the probation, your case is not a conviction in Illinois. For TASC Probation, you must request that the court vacate the conviction after you satisfactorily complete your sentence. Because these types of special probations are not convictions, they can be expunged, and they do not affect your eligibility for a FOID card.
You also may be able to qualify for a FOID card if you obtain a pardon from the Governor ("executive clemency") that restores your civil right to own or possess a firearm. You can also request to expunge a case that has been authorized for expungement by the Governor after receiving a pardon.
What if my FOID card expired during the Covid-19 pandemic?
The Illinois State Police extended a grace period for FOID card holders as a result of the Covid-19 pandemic. As long as your renewal application was submitted by November 11, 2024, your FOID card remained valid, even if your renewal application was submitted late.
That grace period is officially over. Normal renewal rules apply, so renew your card up to 180 days in advance of its expiration date.
How does my FOID card interact with a concealed carry license?
If you want to carry a firearm on your person or in your car, you will also need to obtain a Concealed Carry License (CCL) after you obtain your FOID.
To qualify for a CCL, you must meet the following requirements:
- Be at least 21 years old,
- Have a valid FOID card,
- Not have been convicted or found guilty of a misdemeanor involving threats of physical force or violence within the past 5 years,
- Not have 2 or more violations related to driving while under the influence of alcohol, other drugs, intoxicating compounds within the past 5 years,
- Not have any current arrest warrant, prosecution, or proceeding for an offense or action that could disqualify you from owning or carrying a firearm, and
- Not been in a residential or court-ordered program for alcohol or drug treatment in the past 5 years.
All state and local law enforcement agencies will be able to review your CCL application, and they may file an objection to it if the law enforcement agency reasonably suspects “that the applicant is a danger to himself or herself or others, or a threat to public safety.” If your CCL is denied, the Illinois State Police will provide information on how you can appeal to the Concealed Carry Licensing Review Board.