At Williams & Nickl, we understand that owning a firearm may be vital to you. For you to legally own a gun or ammunition in Illinois, the state requires that you obtain a Firearm Owner’s Identification (FOID) card.
The actual FOID card application process is simple.
However, if you have a criminal record including a felony conviction, you face additional challenges. We can help you understand the FOID card qualification requirements when you have a felony conviction.
Together, we’ll work to restore your gun ownership rights.
[Related: Qualifying for a FOID Card in Illinois]
What Are Illinois FOID Card Requirements?
Most Illinois residents over the age of 21 can receive a FOID card with these four items:
- A complete application
- A copy of your driver’s license
- A recent picture
- A $10 fee
Meeting these basic requirements is straightforward for most applicants. But a criminal record, mental health history or substance abuse concern can complicate or bar your eligibility entirely.
How a Felony Conviction Affects Your FOID Eligibility
A felony conviction doesn’t just complicate your FOID application; it ends your eligibility to own or obtain a FOID card.
Courts and the ISP evaluate mental health and substance abuse concerns on a case-by-case basis. A felony conviction is not: It triggers automatic disqualification under both Illinois and federal law.
There is no discretionary review at the point of conviction; the loss of eligibility is immediate.
[Related: Supreme Court of Illinois Rules Felons May Apply for Firearms Restoration]
Can a Felon Get a FOID Card?
To restore your eligibility, you must demonstrate to the state police director or a county court judge that you meet the following criteria:
- You haven’t been convicted of any violent or forcible felony charges in the past 20 years.
- It’s been more than 20 years since your incarceration for a violent or forcible felony conviction.
- The restoration of your gun rights isn’t contradictory to public interests.
- It’s unlikely that you’ll present a danger to the general public.
- Restoring your gun rights won’t violate any federal firearms laws.
The last item — not violating any federal firearms laws — can be the most difficult to prove. Some federal laws prohibit gun ownership for anyone convicted of domestic violence or crimes punishable by at least 1 year in jail.
So, can felons own guns in Illinois? Yes, but you have to conclusively prove multiple criteria. That can be a real struggle without a knowledgeable attorney’s assistance.
Learn more at the FOID Card Review Board.
[Related: Illinois State Police Moving Into the Digital Age]
Work With an Illinois FOID Card Attorney at Williams & Nickl
Given the potential difficulties in obtaining or reobtaining your FOID card after a felony conviction, you must work with a law firm with the experience to handle your case and understand the application process.
At Williams & Nickl, we deeply understand Illinois FOID card legislation. We’ll explore all your options and appeal the decision if we feel you can still qualify. Our FOID card appeal attorneys are ready to help you every step of the way.
Call us at 312-335-9470 or contact us online to schedule your free, confidential consultation.
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