Do I need a license to have or own a firearm in Illinois? (Illinois FOID Act)

Yes. The law for possessing a firearm in Illinois is found at 430 ILCS 65/2(a)(1). It states, “No person may acquire or possess any firearm, stun gun, or taser within this State without having in his or her possession a Firearm Owner’s Identification Card previously issued in his or her name by the Illinois State Police.” This law is known as the Illinois FOID Act.

Do I need a license to have ammunition (bullets) in Illinois?

Yes. The law for possessing a firearm ammunition in Illinois is also found at 430 ILCS 65/2(a)(2). It states, “No person may acquire or possess firearm ammunition within this State without having in his or her possession a Firearm Owner’s Identification Card previously issued in his or her name by the Illinois State Police under the provisions of this Act.”

Is it a Misdemeanor or a Felony to possess a gun without a valid license?

Possessing a firearm without a valid license can be a petty offense, a misdemeanor, or a felony. The class of the offense that you are charged with depends on many factors, including whether your gun privileges are expired or revoked, whether you were at home or in public, and whether the firearm was loaded or not. Since Illinois has multiple gun restriction laws, you could be charged with both a misdemeanor and a felony at the same time.

What is the Sentencing Range for FOID Act Violations?

The below charts show the possible sentences given the different circumstances under the Illinois FOID Act:

Have FOID?	Eligible for FOID?	Class of Offense	Sentencing Range	Statute
No	Yes	Class A Misdemeanor	Up to 1 yr. Jail	430 ILCS 65/14(b)
	No	Class 3 Felony	2-5 years IDOC	430 ILCS 65/14(c)
Expired for < 6 months	Yes	Petty Offense	Fine Only	430 ILCS 65/14(a-5)
	No	Class 3 Felony	2-5 years IDOC	430 ILCS 65/14(c)
Expired for > 6 months	Yes	Class A Misdemeanor	Up to 1 yr. Jail	430 ILCS 65/14(a)
	No	Class 3 Felony	2-5 years IDOC	430 ILCS 65/14(c)
Revoked	No	Class 3 Felony	2-5 years IDOC	430 ILCS 65/14(c)
Yes	N/A	See Unlawful Use of a Weapon	See UUW	See UUW

As the last line of the table suggests, you can still be charged with a gun crime even if you have a FOID card. You should visit my other guides regarding Unlawful Use of a Weapon, Aggravated Unlawful Use of a Weapon, Possession of a Weapon by a Felon, Armed Violence and/or Armed Habitual Criminal.

Can I get probation on a FOID Act Violation case?

Yes, you can receive a sentence of probation if you are charged with a Class A Misdemeanor or a petty offense violation of the FOID Act. However, you cannot receive probation as a possible sentence if you are charged with the class 3 felony violation of the Firearm Owners Identification Card Act. 730 ILCS 5/5-5-3(c)(2)(N). Felony violations of the FOID Act are mandatory prison.

Can I Get Court Supervision on a FOID Act Violation case?

Yes, you can receive court supervision if you are charged with a Class A Misdemeanor or a petty offense violation of the FOID Act. If you are charged with a felony, however, court supervision is not a possible outcome in felony cases. 730 ILCS 5/5-6-1(c).

How Much of Your Prison Sentence Do You Serve for FOID Act Violations 730 ILCS 5/3-6-3(a)(2.1)?

Violations of the FOID Act are all 50% sentences. Illinois law states: “the rules and regulations shall provide that a prisoner who is serving a term of imprisonment shall receive one day of sentence credit for each day of his or her sentence of imprisonment.” 730 ILCS 5/3-6-3(a)(2.1). So if you received the imprisonment term of 3 years in the Illinois Department of Corrections, the most you would actually serve is 1.5 years assuming you do not receive any other credits.

How Do I Get a Firearm Owner’s Identification Card (FOID Card)?

The process is pretty simple. You can complete the Illinois State Police’s Online Application and pay the necessary $10 fee.

How Long is a FOID Card Valid For?

The Illinois FOID Card has a 10-year expiration date.

What Would Disqualify Me From Getting a FOID Card?

You will be denied by the Illinois State Police from getting a FOID Card if:

• You have been convicted of any Felony under the laws of this or any other jurisdiction.
• You have been adjudicated as a mental defective.
• You have been a patient in a mental institution or any part of a medical facility for the treatment of mental illness within the past 5 years.
• You are intellectually disabled or developmentally disabled.
• You have within the past year (preceding the date of this application) used or been addicted to any controlled substance or narcotics in violation of state or federal law.
• You are subject of an existing Order of Protection or a No Contact/No Stalking Order.
• You have within the past 5 years been convicted of battery, assault, aggravated assault, violation of an order of protection, or a substantially similar offense in which a firearm was used or possessed.
• You have been convicted of domestic battery (felony or misdemeanor), aggravated domestic battery or a substantially similar offense.
• You have been adjudicated by a court as a mental defective or ordered by a court, board or authorized entity to in-patient or out-patient mental health treatment.
• You are an alien who is unlawfully present in the United States.
• You have within the past year failed a drug test for a drug for which I did not have a prescription.
• You have been admitted to the United States under a non-immigrant visa of the Immigration and Nationality Act.
• You have renounced my citizenship as a citizen of the United States.
• You have been discharged from the Armed Forces under dishonorable conditions.
• You are a fugitive from justice. 430 ILCS 65/4.

Can I Get A FOID Card As An Adult If I Had a Juvenile Case?

Not until your 21 years old. In Illinois, an adjudication of delinquency will prevent you from possessing a firearm until your 21st birthday. 720 ILCS 5/24-3.1(a)(2).

Can I Get A FOID Card After A Psychiatric Hospitalization?

Yes, but you will have to wait 5 years. In Illinois, it does not matter if the psychiatric hospitalization was voluntary, or involuntary. If you are hospitalized for mental health treatment, then the law does not allow you to possess a firearm within 5 years of the hospitalization. 720 ILCS 5/24-3.1(a)(4).

I have a Valid FOID Card, Can I Legally Possess Weapons Now?

Yes and No. Let me explain. Now that you have a FOID card, you can legally purchase a gun and ammunition, and you can legally keep those items in your home. But your FOID card is not the same as a Concealed Carry License. If you try to leave your home with a loaded firearm, you could be looking at violating one of the many other gun restrictions in Illinois, like Unlawful Use of a Weapon or Aggravated Unlawful Use of a Weapon.

How to Keep a FOID Act Violation Conviction off Your Record?

There are several ways to keep a felony gun conviction off your criminal record. Here are some of those ways:

How to Win a FOID Act Violation Case at Trial?

Challenge that you “possessed” the firearm. At trial, the State must show that you knowingly possessed the gun. It is not enough that you were near the location where the gun was found. The State must present evidence that you knew the gun was there. Challenging whether the State can prove that you possessed the gun that they recovered is one way to beat a gun possession charge.

Self-Defense and/or Necessity. If you do not have a FOID or Conceal Carry license, and you momentarily grabbed a gun for the purposes of self-defense, then you should take a look at a recent court case captioned People v. Crowder, 2018 IL App (1st) 161226. In that case, 3 individuals attacked the defendant and the defendant’s father. The defendant grabbed his father’s gun and shot up in the air to scare the 3 assailants and to buy time and get away. The police ended up charging the defendant with Agg. UUW. The Appellate Court overturned the conviction, holding that both self-defense and necessity are valid defenses to unlawful possession of gun cases. Another good case on this issue is People v. Gullens, 2017 IL App (3d) 160668.

How to Win a FOID Act Violation Case at Motion?

If there was some issue with the recovery of evidence in your case, a motion to suppress might be the solution. A criminal defense attorney can challenge the lawfulness of police conduct. If the Court finds that police failed to follow proper procedure, the Court can prevent the State from using what was recovered from the improper search. This could result in a dismissal of your case.

How to Avoid a FOID Act Violation Conviction with Probation under the First Time Weapon Offender Program 730 ILCS 5/5-6-3.6?

First Time Weapon Offender Program is one of the best resolutions for someone who cannot beat the case at trial or motion. The program is 18 to 24 months long, and participants are required to stay clean from drugs, obtain a GED or fulltime employment, and a minimum of 50 hours of community service. The amazing part about the program is that if you successfully complete it, then your case is dismissed. That’s right: no felony conviction enters against you. For you to be eligible, the prosecutor must be in agreement with this resolution. So don’t upset them. #notlegaladvice. WARNING: This law is scheduled to end on January 1, 2023. By the time you read this, the program may no longer be available.

How to Avoid a FOID Violation Conviction with Probation under the Substance Use Disorder Act (Previously TASC Probation – 20 ILCS 301/40-10)?

Under the Substance Use Disorder Act, a person can be sentenced to treatment as a condition of probation. Unlike First Time Weapon Offender Program, a felony conviction does enter against people who receive this resolution. The good news, however, is that “upon successful fulfillment of the terms and conditions of probation the court shall discharge the person from probation. If the person has not previously been convicted of any felony offense and has not previously been granted a vacation of judgment under this Section, upon motion, the court shall vacate the judgment of conviction and dismiss the criminal proceedings against him or her.” 20 ILCS 301/40-10(e).

How to Avoid a FOID Violation Conviction by enrolling in a Diversion or Deferred Prosecution Program?

Many counties have diversion or deferred prosecution programs which are alternatives to the criminal justice system. Essentially, you and the prosecutor enter into an agreement that if you comply with the terms of the program (which usually include treatment, classes, and/or community service) the case that brought you to court would be dismissed. If the prosecutor is offering a diversion program, accepting and complying with the program is almost always the best possible result.

How to Avoid a FOID Violation Conviction through a Plea Agreement (Reduction on the Charge)?

Although rare, prosecutors sometimes clear backlogs and move cases by giving defendants “a bargain.” A reduction from a felony gun charge to a misdemeanor violation of the FOID Act is a very good disposition.

Other Firearm Guides

If you are looking for information about:

• Unlawful Use of a Weapon or Aggravated Unlawful Use of a Weapon cases, then check out our guide to UUW cases in Illinois.
• Unlawful Possession of a Weapon by a Felon, then check out our guide to Unlawful Possession of a Weapon by a Felon cases in Illinois.
• Armed Habitual Criminal, then check out our guide to Armed Habitual Criminal cases in Illinois.
• Armed Violence, then check out our guide to Armed Violence cases in Illinois.

Hire Illinois Gun Possession Lawyer Clyde Guilamo

I offer this Illinois firearm guide as free legal education. #notlegaladvice. If you found this article helpful, then leave us a review on Google! And if you have specific questions about your case, give me a call.