FOID Card Appeals and Reinstatements

If your application for a Firearm Owner's Identification Card (FOID) has been denied, or if your FOID Card has been revoked, you may appeal the denial or revocation and request a reinstatement of your FOID Card. Under 430 ILCS 65/10, a person may appeal, or petition, to the Director of the Department of State Police, unless the denial revocation, or seizure was based upon:

• A forcible felony;

• *Stalking;Aggravated stalking;

• *Domestic battery;

• Any violation of the Illinois Controlled Substances Act;

• Any violation of the Methamphetamine Control and Community Protection Act;

• Any violation of the Illinois Cannabis Control Act that is classified as a Class 2 Felony or greater felony;

• Any felony violation of Article 24 of the Criminal Code of 1961;

• Or any adjudiciation as a delinquent minor for the commission of an offense that if committed by an adult would be a felony.

Illinois Law, 720 ILCS 5/2-8, has defined a Forcible Felony as:

• Treason

• First Degree Murder

• Second Degree Murder

• Predatory Criminal Sexual Assault of a Child

• Aggravated Criminal Sexual Assault

• Criminal Sexual Assault

• Robbery

• Burglary

• Residential Burglary

• Arson

• Aggravated Arson

• Kidnapping

• Aggravated Kidnapping

• Aggravated Battery resulting in Great Bodily Harm or Permanent Disability or Disfigurement

• Any other felony which involves the use or threat of physical force or violence against any individual.

If you have been convicted of a forcible felony or one of the other disqualifying conditions listed above, you must initiate your legal action within your local Circuit Court (in your county of residence). You must file a petition with the Circuit Court in your county of residence, and must prove that:

• The local State's Attorney has been provided notice of your petition and been given an opportunity to object or be heard on the matter;

• The individual has not been conceited of a forcible felony (or applicable disqualifying condition) within 20 years of the petition, or at least 20 years have passed since the completion of any sentence associated with the disqualifying condition/charge/conviction;

• The individual's reputation is such that they are not likely to act in a manner dangerous to the public safety;

• Granting the individual's request for a Firearm Owner's Identification (FOID) Card would not be contrary to the public interest; and

• Granting the individual's request for a FOID Card would not be contrary to federal law.

* This information does not address the full process required for Domestic related issues. Information regarding the Governor's Clemency process will be included in a later post.

* This information addresses the issue of Illinois FOID rights. It does does not address the possible Federal issues that may impact the ability to obtain a FOID card.