Crime & Traffic

To own a gun, you must have a Firearm Owners Identification (FOID) card. It’s issued by the Illinois State Police. A FOID card licenses the gun owner, or user. Guns themselves are not licensed or registered at all.

You have to apply with the Illinois State Police to get a FOID card. There are rules about who can get one. A criminal record might disqualify you.

Some convictions lead to automatic denials, but you may be able to file an appeal A request to change a court's decision . You can also be eligible for a FOID if you receive clemency for your conviction When someone is declared guilty of a crime by a court and the Governor restores your right to own or possess a firearm. You must explicitly ask the Governor to restore your firearm privileges and explain the reason you want to be able to possess a firearm in your clemency petition. Learn more about applying for executive clemency.

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Convictions that lead to automatic denial

Your application for a FOID card will automatically be denied if you have on your record:

• Any felony A serious crime that is punishable by more than one year in prison 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 An unlawful attack by one person upon another person, including aggravated assault, simple assault, and intimidation. with a firearm,
• A juvenile For misdemeanor offenses, a defendant is considered a juvenile if the offense occurred when they were 17 or younger.For felony offenses, a defendant is considered a juvenile if the offense occurred when they were 16 or younger. adjudication A formal court decision  that's a forcible felony equivalent, or
• Any misdemeanor A lesser crime punishable by a fine or confinement in county jail for up to one year. (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 The entry or attempted entry of any fixed structure, vehicle, or vessel used for regular residence, industry, or business, with or without force, with intent to commit a felony or larceny and armed robbery To take or attempt to take anything from another person by force or intimidation .

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.

When a FOID application is denied, you can appeal

If your FOID application is denied for any of the many reasons listed in the law, you will receive a letter from the Director of the Illinois State Police that explains what you need to do to appeal the denial When a court rejects or refuses to allow a request; for example, when a judge decides not to grant an attorney's objection. . 

Some denials can be appealed to the Director of the Illinois State Police where the appeal will be reviewed by the Firearm Owner's Identification Card Review Board. For example, denials for convictions for certain Class 3 or Class 4 felony convictions may be reviewed by the FOID Review Board. Denials that were based on more serious felonies can be appealed in the Circuit Court The lowest level of court in Illinois . Neither the FOID Review Board nor a judge can grant a FOID if it is prohibited by federal law.

The right to keep and bear arms in Illinois is a civil right. Your application should 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 Harm by one household or family member against another household or family member. Harm may be an emotional, mental, or physical injury . But once you serve Giving court documents to someone your sentence, your appeal will not automatically be denied. Instead, the following will be considered at appeal:

• You have not committed Includes juveniles in placement in the facility as part of a court order. 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 the public interest.

Executive clemency

A petition for executive clemency could restore your ability to obtain a FOID card. If the Governor grants your petition and restores your firearm privileges, you will receive a "pardon To release someone from punishment for a crime they were convicted of committing letter" that includes a statement that your rights have been restored. You can attach the pardon letter to your FOID application.

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 A protest made by an attorney during a trial. It asks the judge to exclude certain evidence or testimony. If the judge doesn't grant the objection, it's called a denial. 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.

Illinois assault weapons ban

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.