In today’s world, firearms have become a popular topic of conversation in both the legislative arena and in everyday life. Many lawmakers have pushed for increased regulation of the sale, purchase, and use of guns throughout the country, but many Americans still cling to their Second Amendment rights. The state of Illinois has fairly strict laws when it comes to guns. If you wish to possess a firearm in Illinois, you must first apply and receive a firearm owner’s identification (FOID) card. Similar to a driver’s license, the card contains information about you and is proof that you are permitted to own a firearm. In certain situations, your FOID card could be revoked, which would require you to take certain steps to avoid criminal charges.
Illinois has established a set of criteria that each person wishing to own a firearm must meet. A FOID card is valid for 10 years after it is issued, but it can be revoked at any time if your circumstances change and you no longer meet the eligibility requirements. Your FOID card can be revoked if you:
Are convicted of a felony;
Become addicted to narcotics;
Become a patient in a mental health facility;
Had a state of mental health that posed a clear and present danger to yourself or others;
Are diagnosed with an intellectual, mental, or developmental disability;
Are convicted of battery, assault, aggravated assault, during which you used or possessed a firearm; or
Are convicted of domestic battery or aggravated domestic battery.
If your FOID has been revoked, you will receive a notice of the revocation in the mail from the Illinois Department of State Police. Once you have received the notice, you will have 48 hours to comply with the requirements of the revocation. The first step is to surrender your FOID card to your local law enforcement agency, who will send it to the Department of State Police. You will also be required to fill out a Firearm Disposition Record. This record will contain information such as:
The location where your firearms are kept
The make, model and serial number of each firearm that you own
If your firearms will be transferred to another person, that person’s name, address, and FOID card number
Noncompliance with these requirements will result in a warrant being issued to seize your firearms. If you still do not comply, you will be charged with a Class A misdemeanor. In Illinois, Class A misdemeanors carry with them up to one year in prison and up to $2,500 in fines.
Firearms have been a sore subject in recent years in the United States due to mass shootings in many states. Now more than ever, gun laws are under the microscope, potentially leading to stiffer penalties for any weapons violations. This is why you need to understand what can lead to revocation of your FOID card in order to avoid weapons charges of any kind. If you are accused of violating an Illinois gun law, you should immediately contact a diligent Rolling Meadows, IL firearms defense lawyer. Scott F. Anderson, Attorney at Law will do his best to help you avoid a conviction at all costs. Call our office today at 847-253-3400 to schedule a free consultation.
Client accused of burglary was acquitted due to our skillful cross examination of eye witness identification.
Client accused of causing the death of another while driving under the influence - Acquitted.
Client accused of first degree murder - Acquitted.
Client accused of embezzlement - Charges never filed.
Hundreds of Secretary of State hearings for Drivers License Reinstatement - Won.