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How Do I Appeal a FOID Revocation in Illinois?

Posted on behalf of Donahue & Walsh, P.C. | April 22, 2024

Anyone wishing to carry firearms or ammunition in Illinois must apply for and receive a Firearm Owner’s Identification (FOID) card. The Illinois State Police (ISP) issues these documents, and they usually last for 10 years. However, the ISP can also revoke your FOID card for various reasons, such as upon conviction for certain crimes.

If the ISP has revoked your Illinois FOID card, the first thing to know is that you have the right to appeal the revocation. The team at Donahue & Walsh routinely handles FOID appeals and reinstatements, and we’re ready to help you with your case, too.

Common Reasons for FOID Appeals

The ISP may revoke a person’s FOID cards for many reasons, including the following:

  • Conviction of a felony
  • Conviction for assault or battery in the past five years that involved a firearm
  • Conviction for a misdemeanor crime of domestic violence
  • Record of domestic violence or being respondent to a restraining order
  • Conviction for violating an order of protection
  • Conviction for stalking
  • Conviction for a controlled substance in the past year
  • History of substance abuse
  • Adjudication as a mental health patient or developmentally disabled
  • Involuntary commitment to a mental health facility
  • Judgment as mentally defective or commitment to a mental institution
  • Dishonorable discharge from the military
  • Renunciation of U.S. citizenship
  • Illegal immigration status
  • Status as a fugitive from justice

How to Appeal a FOID Revocation

The type of appeal you need to file after having your FOID card revoked depends on the nature of your appeal. According to the ISP, appeals related to the following revocations go to the FOID Card Review Board:

  • Intellectual or developmental disabilities
  • Mental health admission from fewer than five years ago
  • “Clear and present danger” incidents from fewer than five years ago
  • Law enforcement requests for Expedited Relief from a Mental Health Admission
  • Felonies other than those that specifically require an appeal to the local Circuit Court

For FOID revocations related to other felonies, you must file an appeal with the local Circuit Court in the county where you live. These other felonies include:

  • Stalking or aggravated stalking
  • Domestic battery
  • Forcible felonies
  • Any violations of Illinois drug laws that are Class 2 felonies or above
  • Certain felonies involving deadly weapons
  • Any offense as a delinquent minor that would be a felony if an adult committed it

The ISP gives you 60 days from the date of your revocation notice. If you miss this deadline, the state will automatically close your case.

Filing an appeal with the FOID Card Review Board or your local Circuit Court requires you to submit the appropriate forms and explain why the revocation was made in error or unwarranted. Appeals to the FOID Card Review Board are handled electronically, while Circuit Court Appeals require you to attend a court hearing. FOID revocation appeals are difficult to win, so you will likely need strong legal support and could benefit from the help of a Second Amendment lawyer.

Donahue & Walsh Protects Your Second Amendment Rights

Donahue & Walsh forcefully defend the Second Amendment rights of Illinois residents. If state authorities have revoked your FOID card, we can file an appeal on your behalf and help you gather evidence to support your case. Contact us today for a free consultation, and let’s stand up for your Constitutional rights together.

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