The Second Amendment of the United States Constitution gives people the right to bear arms, however, there are federal and state laws that place specific limits on who actually qualifies to own firearms.
Under federal law, the general rule is that a person who has been convicted of a felony cannot own a firearm. This also applies to crimes involving domestic violence or having a serious mental condition. Illinois law goes even further. The following is a brief overview of Illinois gun permit laws. If you have been denied ownership, an Illinois FOID card attorney may be able to help.
Criteria on Gun Ownership in Illinois
Under Illinois law, in order to be eligible to purchase a gun, you must obtain a Firearm Owners Identification (FOID) card. This card is issued by the Illinois State Police. In order to be eligible for a FOID card, you must be a legal resident of the state. You must also be 21 years of age or older. If younger, then a parent or guardian must consent.
The following factors could make a person ineligible for a FOID card:
-
The applicant must not have a domestic violence misdemeanor or felony on their record unless their civil rights have been restored.
-
The applicant must not have a civil no-contact order, an order of protection, or firearms restraining order against them.
-
The applicant must not have a forcible felony conviction within the last 20 years.
-
The applicant must not have an addiction to narcotics.
-
The applicant must not have been a resident in a mental health facility within the prior five years.
-
The applicant must not “pose a clear and present danger” to either themselves or to the community.
-
The applicant must not have received a dishonorable discharge from the military.
-
The applicant must not be a fugitive.
-
The applicant must not have renounced their United States citizenship.
The applicant must not be undocumented or have a non-immigrant visa.
Denied a FOID card in Illinois? Contact a Chicago FOID Appeals Lawyer
If you are denied a FOID card, that does not mean you have no other legal recourse. There is a process in place where you can appeal the state’s denial. The first step in fighting the denial is filing an appeal with the Director of the State Police. If your appeal is denied, the next step is filing a petition with the circuit court in the county where you reside.
It is recommended, however, that you do not attempt to appeal the denial on your own. You will have a better chance of success if you have an experienced Chicago FOID denials and appeal attorney fighting for you. Call Williams & Nickl, LLC at 312-335-9470 to schedule a free and confidential
