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Illinois FOID Card Appeal Lawyer

If you are a resident of Illinois and you want to own or possess a firearm, stun gun, or taser, you need to apply for and receive a Firearm Owner’s Identification card (FOID card). This also applies to the acquisition and possession of ammunition. However, not everyone who applies for a FOID card gets approved, and some people who already have a FOID card may lose it due to various reasons. If you find yourself in this situation, please don’t hesitate to contact a seasoned Illinois FOID card appeal lawyer from Giraudo Law, Inc. to explore the prospect of restoring your gun ownership privileges.

What is a FOID Card?

A FOID card is a document issued by the Illinois State Police (ISP) that allows you to legally own or possess firearms, stun guns, tasers, and ammunition in Illinois. You need to have a valid FOID card whenever you have a firearm or ammunition in your possession or under your control. You also need to present your FOID card when you purchase or transfer firearms or ammunition from a licensed dealer or a private seller. To apply for a FOID card, you must:

  • Be at least 21 years old, or have the written consent of your parent or legal guardian who is eligible for a FOID card.
  • Be a resident of Illinois and have a valid driver’s license or state identification card.
  • Not be prohibited from possessing firearms by federal or state law.
  • Not have been convicted of a felony or a domestic violence misdemeanor.
  • Not have been a patient in a mental health facility within the past five years, or have been adjudicated as mentally disabled or defective.
  • Not be addicted to narcotics or controlled substances.
  • Not be subject to an order of protection that prohibits you from possessing firearms.
  • Not have been dishonorably discharged from the armed forces.
  • Not be an alien who is unlawfully present in the United States or who has been admitted under a non-immigrant visa.

The application fee for a FOID card is $10, and the card is valid for 10 years. You need to renew your FOID card before it expires, otherwise, it will become invalid and you will lose your right to possess firearms and ammunition.

Common Reasons Why FOID Cards Are Revoked or Denied

The ISP has the authority to deny your application for a FOID card, or revoke your existing FOID card, if you do not meet the eligibility requirements or if you violate any of the conditions of the Firearm Owners Identification Act. Some of the common reasons for FOID card revocation or denial are as follows:

  • You have been convicted of a felony or a domestic violence misdemeanor.
  • You have been admitted to a mental health facility within the past five years, or have been adjudicated as mentally disabled or defective.
  • You have been subject to an order of protection that prohibits you from possessing firearms.
  • You have been found to pose a clear and present danger to yourself, another person, or the public by threatening violence, attempting suicide, abusing drugs or alcohol, or displaying erratic behavior.
  • You have made a false statement on your FOID card application or renewal form.
  • You have failed to report the loss, theft, or destruction of your FOID card within 10 days.
  • You have transferred your FOID card to another person, or allowed another person to use your FOID card.

If your FOID card is revoked or denied, you will receive a notice from the ISP explaining the reason and informing you of your right to appeal. You will also be required to surrender your FOID card and any firearms and ammunition in your possession within 48 hours.

Getting Your FOID Card Restored

If you disagree with the ISP’s decision to revoke or deny your FOID card, you have the right to appeal within 60 days of receiving the notice. Depending on the reason for the revocation or denial, you may need to file your appeal with the ISP, the Firearm Owners Identification Card Review Board (FCRB), or the circuit court. The appeal process can be complex and confusing, and you may need to provide evidence and testimony to support your case.

An Illinois FOID card appeal lawyer can help you navigate the appeal process and represent your interests effectively. We can review your case, gather and organize all relevant documentation, prepare and file necessary forms, communicate with the ISP, FCRB, or court on your behalf, and negotiate for a potential settlement or reinstatement.

Giraudo Law, Inc. can also advise you on other options that may be available to you, such as applying for a relief from disability, expunging or sealing your criminal record, or obtaining a pardon or clemency.

Contact a FOID Card Appeal Lawyer Today

If you have lost your FOID card or have been denied a FOID card, our firm is here to help. You do not have to give up your right to own or possess firearms without a fight. Contact FOID card appeal lawyer Jon Giraudo for guidance today.

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