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What Can Cause Removal of a FOID Card?

Posted on behalf of Donahue & Kililis, PC | February 26, 2024

Anyone in Illinois who wants to legally carry a gun or ammunition must have a valid Firearm Owner’s Identification (FOID) card from the Illinois State Police (ISP). Applying for an FOID card is pretty simple, and they last for 10 years, as long as you don’t have any legal trouble. However, the authorities can revoke your card in certain circumstances, leaving you without the right to carry a firearm without legal consequences.

The Illinois gun rights lawyers at Donahue & Kililis, PC Trial Attorneys of Northern Illinois proudly defend the Second Amendment rights of anyone living in The Prairie State. If the police have revoked your FOID card or denied your application, we can help you appeal the decision to the authorities. Below, you’ll find more information on why the police may revoke or deny an FOID card and what you can do in these situations.

Requirements for an Illinois FOID Card

To apply for an FOID card in Illinois, you must meet the following basic requirements (among others):

  • You must be at least 21 years old or have written consent from a parent or legal guardian who qualifies for an FOID card.
  • You must be an Illinois resident.
  • You must have a valid Illinois driver’s license or other state ID
  • You must pay a $10 application fee.

Assuming you meet these requirements, the ISP will review your application and determine whether you qualify for an FOID. If the ISP approves your application, your card is valid for 10 years. You need to present your FOID card whenever you buy a gun or ammunition from a licensed dealer or private individual. You must also have your FOID card with you whenever you have a gun or ammunition on your person.

Common Reasons for FOID Revocations or Denials

While the basic requirements for a FOID card are pretty simple, there are many reasons why the authorities can deny your application or revoke your card. The ISP keeps a list of some common reasons for FOID application denials or revocations, but some common reasons include:

  • Conviction of a felony
  • A record of domestic violence or a restraining order
  • A conviction for assault or battery involving a firearm within the last five years
  • Being a fugitive from justice
  • A history of substance abuse or a conviction for a controlled substance within the past year
  • Dishonorable discharge from the military
  • Adjudication as a mental health patient or developmentally disabled
  • Being under 21 and not having the consent of a parent or guardian with no disqualifying conditions
  • A conviction for stalking
  • An involuntary commitment to a mental health facility
  • Being judged as mentally defective or being committed to a mental institution
  • A conviction for a misdemeanor crime of domestic violence
  • A conviction for violating an order of protection
  • Renunciation of U.S. citizenship
  • Illegal immigration status

Did the ISP Deny Your FOID Application or Revoke Your Card? We Can Help

If your FOID card application was denied or the police have revoked your existing FOID card, we at Donahue & Kililis, PC Trial Attorneys of Northern Illinois are ready to help. We are well-versed in the intricacies of Illinois gun laws and will vigorously protect your Second Amendment rights. We can assist you in gathering the necessary evidence, such as character references or medical documentation, to address the concerns raised in your denial or revocation. We can also guide you through complex legal paperwork and represent you in any required hearings before the ISP or in circuit court.

With Donahue & Kililis, PC Trial Attorneys of Northern Illinois, you get a partner committed to fighting for your rights and achieving a positive outcome for your case. Call us today at (815) 344-8860 or complete our contact form for a free consultation.

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