The Illinois State Police are essentially the gatekeepers and watchdogs of the Illinois FOID Card process. Under the Firearm Owners Identification Act, 430 ILCS 65/8, the Department of State Police has the authority to deny an application for a Firearm Owner’s Identification Card, or revoke a previously issued FOID Card. The Illinois State Police may deny an application for, or revoke a previously issued FOID Card, if:
- A person under 21 years of age who has been convicted of a misdemeanor other than a traffic offense or adjudged delinquent;
- A person under 21 years of age who does not have the written consent of his parent or guardian to acquire and possess firearms and firearm ammunition, or whose parent or guardian has revoked such written consent, or where such parent or guardian does not qualify to have a FOID card;
- A person convicted of a felony under the laws of this or any other jurisdiction;
- A person addicted to narcotics;
- A person who has been convicted within the past 5 years of battery, assault, aggravated assault, violation of an order of protection, or a substantially similar offense in another jurisdiction, in which a firearm was used or possessed;
- A person who has been convicted of domestic battery or a substantially similar offense in another jurisdiction committed on or after January 1, 1998;
- A person who has been convicted within the past 5 years of domestic battery or a substantially similar offense in another jurisdiction committed before January 1, 1998;
- An adult who had been adjudicated a delinquent minor under the Juvenile Court Act of 1987 for the commission of an offense that if committed by an adult would be a felony;
- A person who is prohibited from acquiring or possessing firearms or firearm ammunition by any Illinois State statute or by federal law;
- A person who has been a patient of a mental institution within the past 5 years or has been adjudicated as a mental defective;
- A person whose mental condition is of such a nature that it poses a clear and present danger to the applicant, any other person or persons or the community (“mental condition” means a state of mind manifested by violent, suicidal, threatening or assaultive behavior);
- A person who is mentally retarded;
- A person who intentionally makes a false statement in the Firearm Owner’s Identification Card application;
- A person who is prohibited from acquiring or possessing firearms or firearm ammunition by any Illinois State statute or by federal law;
- A minor subject to a petition filed under Section 5-520 of the Juvenile Court Act of 1987 alleging that the minor is a delinquent minor for the commission of an offense that if committed by an adult would be a felony;
- An alien who is unlawfully present in the United States under the laws of the United States;
- An alien who has been admitted to the United States under a non-immigrant visa (as that term is defined in Section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26))), except that this subsection (i-5) does not apply to any alien who has been lawfully admitted to the United States under a non-immigrant visa if that alien is: 1. Admitted to the United States for lawful hunting or sporting purposes, or, 2. An official representative of a foreign government who is Accredited to the United States Government or Government’s mission to a international organization having its headquarters in the United States; En route to or from another country to which that alien is accredited; An official of a foreign government or distinguished foreign visitor who has been so designated by the Department of State; A foreign law enforcement officer of a friendly foreign government entering the United States on official business; or, One who has received a waiver from the Attorney General of the United States pursuant to 18 U.S.C. 922(y)(3).
*This information addresses the issue of Illinois FOID rights. It does does not address all possible Federal issues that may impact the ability to obtain a FOID card.
