When Can an Illinois Firearm Owner Identification Card Be Revoked?

St. Charles weapons charges defense attorney

Gun violence is a major concern for Illinois residents, especially those living in or around Chicago. In order to help prevent needless injuries and deaths from gun violence, Illinois has enacted several strict gun ownership policies. In order to legally own a firearm in Illinois, you must obtain a Firearm Ownership Identification (FOID) card. The Illinois State Police has the right to revoke your FOID card and therefore withdraw your legal authorization to possess a firearm for a number of reasons. If you are a gun owner, it is critical that you understand the laws pertaining to firearm possession to avoid criminal charges.    

FOID Eligibility

In order to receive a FOID card, gun owners must meet several criteria. Illinois residents are not eligible for a FOID card if they:

  • Have been convicted of a felony criminal offense

  • Suffer from certain cognitive or intellectual problems

  • Have been addicted to illicit drugs within the past year

  • Are the subject of an order of protection

  • Have been convicted of violating of an order of protection, assault, aggravated assault, battery, or a similar criminal offense in which a firearm was possessed or used 

  • Have been convicted of domestic battery, aggravated domestic battery, or a similar offense

These are only some of the eligibility requirements Illinois residents must meet if they wish to legally possess a firearm. If you have been granted a FOID card, and any of these stipulations have been violated, your legal right to own a firearm may be suspended or revoked. For example, if you obtained a FOID card, but were then convicted of aggravated assault involving a firearm, you no longer meet the FOID eligibility requirements, so your FOID card may be revoked or suspended.

Consequences of Possessing a Firearm Without a Valid FOID Card

When a person’s FOID card is revoked or suspended, he or she no longer has the ability to legally own a firearm or ammunition in Illinois. The potential criminal consequences of possessing a firearm without a valid FOID card vary significantly depending on the circumstances of the alleged offense. Possession of a firearm without a FOID card may be considered a Class A misdemeanor, Class 4 Felony, Class 2 Felony, or Class 1 Felony.

Contact an Illinois Weapons Violations Defense Attorney

Illinois residents must meet a long list of strict criteria in order to legally possess a firearm and ammunition in Illinois. If you have questions about your right to own a firearm, if your FOID card has been revoked or suspended, or if you are facing criminal charges, contact the Law Office of Glenn M. Sowa, LLC for help. Schedule a free consultation with our experienced St. Charles criminal defense lawyers by calling our office today at 630-232-1780.

 

Sources:
https://www.ispfsb.com/Public/FOID.aspx
http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1657

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