Illinois law requires anyone who wants to own a firearm to first obtain a Firearm Owners Identification (FOID) card, but not everyone who applies will receive one.
The Second Amendment of the United States Constitution gives people the right to bear arms. However, both federal and Illinois state law impose specific limits on who may legally 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 serious mental health adjudications.
Illinois law goes further and requires an additional step that most other states do not.
What Is an Illinois FOID Card, and Who Issues It?
Illinois requires every resident who wants to purchase, possess or use a firearm or ammunition to hold a valid FOID card. The Illinois State Police (ISP) issues the card, which serves as the state’s primary mechanism for verifying that a person is legally eligible to own a firearm before they acquire one.
These are key facts about FOID cards:
- A FOID card costs $10.
- It is valid for 10 years.
- It must be in your possession whenever you purchase firearms or ammunition in Illinois.
There is no exception for inheriting a firearm, keeping one at home or buying ammunition for a weapon you already own. Without a valid FOID card, any of these activities violates state law.
[Related: Illinois State Police Moving Into the Digital Age]
Basic Eligibility Requirements for an Illinois FOID Card
To qualify for a FOID card, an applicant must be an Illinois resident and at least 21 years of age. Applicants under 21 may still qualify with written consent from a parent or legal guardian who is themselves eligible to hold a FOID card.
The following circumstances can disqualify a FOID card applicant:
- A domestic violence misdemeanor or felony conviction, unless civil rights have been restored
- An active civil no-contact order, order of protection or firearms restraining order
- A forcible felony conviction within the past 20 years
- A current addiction to narcotics
- Residence in a mental health facility within the prior 5 years
- A determination that the applicant poses a “clear and present danger” to themselves or the community
- A dishonorable discharge from the military
- Active fugitive status
- Renunciation of U.S. citizenship
- Undocumented status or entry on a non-immigrant visa
This list reflects the most common disqualifying factors under Illinois law. It is not exhaustive, and individual circumstances can affect eligibility in ways that aren’t always straightforward.
If you’re unsure whether something in your history disqualifies you, speak with a FOID attorney before applying. That consultation can save you significant time and frustration.
[Related: Illinois Supreme Court Rules Felons May Apply for FOID Card Restoration]
What Happens If Your FOID Card Is Denied?
A denial is not necessarily the end of the road. Illinois law provides a formal appeal process, and you can successfully challenge many denials. This particularly applies when the underlying disqualifying event is old, was resolved or is being misapplied.
The appeal process changed significantly on January 1, 2023. Under Public Act 102-237, certain appeals that previously went to the Director of the State Police must now be filed with the FOID Card Review Board.
If the Review Board upholds the denial, the next step is filing a petition with the circuit court in the county where you reside.
The process has layers, timelines and procedural requirements that are easy to get wrong without legal guidance. A misstep early in the appeal can compromise your position at the next stage, such as a missed deadline, an incomplete filing or an unaddressed disqualifying factor.
[Related: Can a Felon Own a Gun in Illinois? What You Need To Know]
Contact Williams & Nickl for Illinois FOID Card Appeals
Our experienced attorneys have represented thousands of Illinois residents in FOID card denials and appeals. If you’ve been denied or if you’re concerned about your eligibility, don’t navigate the process alone. We’re headquartered near Chicago in Arlington Heights, and we’re ready to fight for your rights.
Call Williams & Nickl at 312-335-9470 or contact us online to schedule a free, confidential 1-hour consultation.
Browse our testimonials and case results to see how we’ve helped Illinois residents like you appeal FOID card denials.