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 unlawfully possessing a firearm?

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 be charged with a gun crime even if you have a FOID card. I’ll get into those charges later in this guide.

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.

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.

What is Unlawful Use of a Weapon (UUW)? 720 ILCS 5/24-1

Under 720 ILCS 5/24-1(a)(4), “a person commits the offense of unlawful use of weapons when he knowingly … carries or possesses in any vehicle or concealed on or about his person except when on his land or in his own abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person’s permission, any pistol, revolver, stun gun or taser or other firearm.”

Is Unlawful Use of a Weapon a Misdemeanor or Felony?

Unlawful Use of a Weapon is a Class A misdemeanor. 720 ILCS 5/24-1(b). However, a second or subsequent offense for Unlawful Use of a Weapon is a Class 3 felony.

Are There Exceptions to Unlawful Use of a Weapon?

Yes. Unlawful Use of A Weapon does not apply to you if you are transporting weapons and meet one of the following conditions:

1. The firearm is broken down in a non-functioning state; or
2. The firearm is not immediately accessible; or
3. The firearm is unloaded and enclosed in a case, firearm carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner’s Identification Card; or
4. The firearm is carried or possessed in accordance with the Firearm Concealed Carry Act by a person who has been issued a currently valid license under the Firearm Concealed Carry Act. 720 ILCS 5/24-1(a)(4).

Can you get probation for Unlawful Use of a Weapon?

Yes. Since UUW is a Class A Misdemeanor in Illinois, if you are charged with this offense, you are eligible for a sentence of probation of up to 24 months. 730 ILCS 5/5-4.5-55(d). Not only are you eligible for probation, but Illinois law recommends it: “the court shall impose a sentence of probation or conditional discharge upon an offender unless, having regard to the nature and circumstance of the offense, and to the history, character and condition of the offender, the court is of the opinion that: his imprisonment or periodic imprisonment is necessary for the protection of the public; or probation or conditional discharge would deprecate the seriousness of the offender’s conduct and would be inconsistent with the ends of justice.” 730 ILCS 5/5-6-1(a).

What is the Sentencing Range for Unlawful Use of a Weapon?

A person found guilty of Unlawful Use of a Weapon can be sentenced be sentenced up to 364 days in the county jail.

What is Aggravated Unlawful Use of a Weapon (Agg. UUW)? 720 ILCS 5/24-1.6

Under 720 ILCS 5/24-1.6, “a person commits the offense of aggravated unlawful use of a weapon when he or she knowingly … carries on or about his or her person or in any vehicle or concealed on or about his or her person except when on his or her land or in his or her abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person’s permission, any pistol, revolver, stun gun or taser or other firearm and one of the following factors is present:

• the firearm, other than a pistol, revolver, or handgun, possessed was uncased, loaded, and immediately accessible at the time of the offense; or
• the pistol, revolver, or handgun possessed was uncased, loaded, and immediately accessible at the time of the offense and the person possessing the pistol, revolver, or handgun has not been issued a currently valid license under the Firearm Concealed Carry Act; or
• the firearm, other than a pistol, revolver, or handgun, possessed was uncased, unloaded, and the ammunition for the weapon was immediately accessible at the time of the offense; or
• the pistol, revolver, or handgun possessed was uncased, unloaded, and the ammunition for the weapon was immediately accessible at the time of the offense and the person possessing the pistol, revolver, or handgun has not been issued a currently valid license under the Firearm Concealed Carry Act; or
• the person possessing the firearm has not been issued a currently valid Firearm Owner’s Identification Card; or
• the person possessing the weapon was previously adjudicated a delinquent minor under the Juvenile Court Act of 1987 for an act that if committed by an adult would be a felony; or
• the person possessing the weapon was engaged in a misdemeanor violation of the Cannabis Control Act, in a misdemeanor violation of the Illinois Controlled Substances Act, or in a misdemeanor violation of the Methamphetamine Control and Community Protection Act; or
• the person possessing the weapon had an order of protection issued against him or her within the previous 2 years; or
• the person possessing the weapon was engaged in the commission or attempted commission of a misdemeanor involving the use or threat of violence against the person or property of another; or
• the person was under 21 years of age and in possession of a handgun, and not engaged in lawful activities under the Wildlife Code or in the military, or part of a firearm club or organization

Is Aggravated Unlawful Use of a Weapon a Felony or Misdemeanor?

Aggravated Unlawful Use of a Weapon is a Class 4 felony. 720 ILCS 5/24-1.6(d)(1). If this is your second or subsequent offense, Agg. UUW is a Class 2 felony.

When is Prison Mandatory For Aggravated Unlawful Use of A Weapon (When is Agg. UUW non-probationable)?

If you 1) are out in public, 2) possess a firearm that is uncased, loaded, and immediately accessible to you, 3) have no FOID, and 4) have no Conceal Carry License, then you are looking at a mandatory prison sentence of 1 to 3 years on the Class 4 felony – Agg. UUW. 720 ILCS 5/24-1.6(d)(2).

When is Aggravated Unlawful Use of a Weapon a Class X Felony?

If you were found guilty of Aggravated Unlawful Use of a Weapon, and 1) you do not have a FOID; and 2) you were actively wearing or in possession of body armor, then the Aggravated Unlawful Use of a Weapon would be a Class X felony. 720 ILCS 5/24-1.6(d)(4).

Can Felons Possess Firearms or Ammunition in Illinois?

Generally No. Illinois law states that “it is unlawful for a person to knowingly possess on or about his person or on his land or in his own abode or fixed place of business any weapon prohibited under Section 24-1 of this Act or any firearm or any firearm ammunition if the person has been convicted of a felony under the laws of this State or any other jurisdiction.” 720 ILCS 5/24-1.1.

When Can Felons Legally Possess Firearms in Illinois?

If you submitted an application for a FOID and were denied, then you can appeal that denial. Sometimes your appeal will be to the Firearm Owner’s Identification Card Review Board, and other times the appeal will be to the circuit court. If you win the appeal and are issued a FOID card under 430 ILCS 65/10, then the prohibition on felons possessing firearms does not apply to you.

Is Unlawful Use or Possession of a Weapon by a Felon (UUW-Felon or UPW-Felon) a misdemeanor or a felony?

Generally, Unlawful Possession of a Weapon by a Felon is a class 3 felony. 720 ILCS 5/24-1.1(e). However, if you were actively on Mandatory Supervised Release (parole) when you picked up this charge, then this charge would be a class 2 felony. Unlawful Possession of a Weapon by a felon can also be a class 2 felony if you have a prior conviction for any of these offenses in your criminal background:

• Any Forcible Felony;
• Any Felony Gun Crime;
• Stalking or Aggravated Stalking; or
• Any Class 2 or Greater Drug Crime.

Can I get Probation for Unlawful Use or Possession of a Weapon by a Felon?

No. Unlawful Possession of a Weapon by a Felon is a mandatory prison case. 720 ILCS 5/24-1.1(e).

What is the Sentencing Range for Unlawful Use or Possession of a Weapon by a Felon?

Besides being a mandatory prison sentence, every Unlawful Use or Possession of a Weapon by a Felon conviction is subjected to the extended sentencing range. That means mean if you are charged with the Class 3 Felony of UUW-Felon, then your sentencing range is 2 to 10 years in the Illinois Department of Corrections. If you are charged with the Class 2 Felony of UUW-Felon, then your sentencing range is 3 to 14 years in the Illinois Department of Corrections. 720 ILCS 5/24-1.1(e).

When does Unlawful Use or Possession of a Weapon by a Felon have a Mandatory Sentence of 7 to 14 years in prison?

If you have a prior felony gun conviction, in most cases your sentencing range for Unlawful Use or Possession of a Weapon by a Felon is 7 to 14 years in the Illinois Department of Corrections. 730 ILCS 5/5-4.5-110. Prior “felony gun conviction” means any of the offenses on the following list:

• Aggravated unlawful use of a weapon;
• Unlawful use or possession of a weapon by a felon;
• First degree murder;
• Attempted first degree murder with a firearm;
• Aggravated kidnapping with a firearm;
• Aggravated battery with a firearm;
• Aggravated criminal sexual assault;
• Predatory criminal sexual assault of a child;
• Armed robbery;
• Vehicular hijacking;
• Aggravated vehicular hijacking;
• Home invasion with a firearm;
• Aggravated discharge of a firearm;
• Aggravated discharge of a machine gun or a firearm equipped with a device designed or used for silencing the report of a firearm;
• Unlawful use of firearm projectiles;
• Manufacture, sale, or transfer of bullets or shells represented to be armor piercing bullets, dragon’s breath shotgun shells, bolo shells, or flechette shells;
• Unlawful sale or delivery of firearms;
• Unlawful discharge of firearm projectiles;
• Unlawful sale or delivery of firearms on school premises of any school;
• Unlawful purchase of a firearm;
• Use of a stolen firearm in the commission of an offense;
• Possession of a stolen firearm;
• Aggravated possession of a stolen firearm;
• Gunrunning;
• Defacing identification marks of firearms; or
• Armed violence

Of note, the gun crimes that are not on this list are Class 3 felony violations of the FOID Act. 430 ILCS 65/2. WARNING: This sentencing law is scheduled to end on January 1, 2023. 730 ILCS 5/5-4.5-110. As of January 1, 2023, the mandatory 7 to 14 IDOC will expire and the mandatory 3 to 14 IDOC would apply.

What is Armed Violence? 720 ILCS 5/33A-2

If you possess a weapon during the commission of a felony, the State could charge you with armed violence. “A person commits armed violence when, while armed with a dangerous weapon, he commits any felony defined by Illinois Law, except first degree murder, attempted first degree murder, intentional homicide of an unborn child, second degree murder, involuntary manslaughter, reckless homicide, predatory criminal sexual assault of a child, aggravated battery of a child as described in Section 12-4.3 or subdivision (b)(1) of Section 12-3.05, home invasion, or any offense that makes the possession or use of a dangerous weapon either an element of the base offense, an aggravated or enhanced version of the offense, or a mandatory sentencing factor that increases the sentencing range. 720 ILCS 5/33A-2(a).

Is Armed Violence a Misdemeanor or a Felony?

Armed Violence is a Class X felony with a special sentencing range. 720 ILCS 5/33A-3.

What is the Sentencing Range for Armed Violence?

Generally, Armed Violence has a sentencing range of 15 to 30 years in the Illinois Department of Corrections. 720 ILCS 5/33A-3. However, if you were armed with a gun while delivering drugs or possessing with intent to deliver drugs, then the sentence for the Armed Violence would mandatorily run consecutive to the drug delivery charge. That means if you got 5 years on the drug delivery charge alone, and 15 years on the Armed Violence, then you would be looking at a total of 20 years in the Illinois Department of corrections. 720 ILCS 5/33A-3(d).

What is Armed Habitual Criminal? 720 ILCS 5/24-1.7

Armed Habitual Criminal is a special gun possession charge that has a tougher sentence for people with bad criminal histories. The law is found at 720 ILCS 5/24-1.7 and states:

A person commits the offense of being an armed habitual criminal if he or she receives, sells, possesses, or transfers any firearm after having been convicted a total of 2 or more times of any combination of the following offenses:
(1) a Forcible Felony;
(2) unlawful use of a weapon by a felon; aggravated unlawful use of a weapon; aggravated discharge of a firearm; vehicular hijacking; aggravated vehicular hijacking; aggravated battery of a child as described in Section 12-4.3 or subdivision (b)(1) of Section 12-3.05; intimidation; aggravated intimidation; gunrunning; home invasion; or aggravated battery with a firearm as described in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section 12-3.05; or
(3) any violation of the Illinois Controlled Substances Act or the Cannabis Control Act that is punishable as a Class 3 felony or higher.

Is Armed Habitual Criminal a Misdemeanor or Felony?

Armed Habitual Criminal is a class X felony. 720 ILCS 5/24-1.7(b).

What is the Sentencing Range for Armed Habitual Criminal?

Since Armed Habitual Criminal is a Class X felony, its sentencing range is 6 to 30 years in the Illinois Department of Corrections. 730 ILCS 5/5-4.5-25(a).

Can I get Probation on an Armed Habitual Criminal Charge?

No. Armed Habitual Criminal is a Class X Felony with a mandatory prison sentence.

How is Armed Habitual Criminal Different from Armed Violence?

With Armed Habitual Criminal, a person possesses a gun after having previously committed certain crimes. With Armed Violence, a person possesses a gun while currently committing certain crimes. A person can be charged with both Armed Habitual Criminal and Armed Violence at the same time if he or she has a gun, has a bad criminal history, and is currently engaged in certain felonies. For example, if you have a prior robbery and residential burglary conviction, and then you are charged for possessing cocaine while armed with a handgun, then you can be charged with both Armed Violence and Armed Habitual Criminal.

How Much of Your Prison Sentence Do You Serve for Gun Charges? – 730 ILCS 5/3-6-3(a)(2.1)

Generally, violations of the FOID Act, Unlawful Use of a Weapon, Aggravated Unlawful Use of a Weapon, Unlawful Use of a Weapon by a Felon and Armed Violence 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.

However, Armed Habitual Criminal is an 85% sentence. 730 ILCS 5/3-6-3(a)(2)(ii). So if you receive a sentence of 10 years in the Illinois Department of corrections for Armed Habitual Criminal, the most you would actually serve is 8.5 years assuming you do not receive any other credits.

How to Keep a Gun Conviction off Your Record

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

Win the Gun Possession Case at Trial

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.

Win the Gun Possession 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.

First Time Weapon Offender Probation- 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.

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).

Diversion Programs

Many counties have diversion 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.

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.

Hire Illinois Gun Possession Lawyer Clyde Guilamo

I offer this Illinois firearm guide as free legal education. #notlegaladvice. If you have specific questions about your case, call me today for a free consultation at 708-966-9829.