If your application for a Firearm Owner’s Identification Card (FOID) has been denied, or if your FOID Card has been revoked, you may appeal the denial or revocation and request a reinstatement of your FOID Card.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:
- First Degree Murder
- Second Degree Murder
- Predatory Criminal Sexual Assault of a Child
- Aggravated Criminal Sexual Assault
- Criminal Sexual Assault
- Residential Burglary
- Aggravated Arson
- 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.