FOID Card Appeals and Reinstatements
Updated: Jan 3, 2022
If your application for a Firearm Owner's Identification Card (FOID) has been denied, or if your FOID Card has been revoked, you may appeal the denial or revocation and request a reinstatement of your FOID Card.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;
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:
First Degree Murder
Second Degree Murder
Predatory Criminal Sexual Assault of a Child
Aggravated Criminal Sexual Assault
Criminal Sexual Assault
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.