1. Applicant must be 21 years of age (exceptions for applicants younger than 21 subject to conditions).
2. Applicant must not have a felony conviction under any state or federal law
3. Applicant must not be addicted to narcotics.
4. Applicant must not have been a patient in a mental health facility in last 5 years, (may qualify if applicant was patient more than 5 years ago subject to exceptions)
5. Applicant must not be intellectually disabled.
6. Applicant must not be an alien unlawfully present in the United States. (may qualify subject to exceptions)
7. Applicant must not be subject to an existing order of protection prohibiting possession of firearms.
8. Within the past 5 (Five) years, applicant must not have been convicted under state or
federal law of an offense involving violence or the threat of physical force where a firearm was used or possessed.
9. Applicant has not been convicted of domestic battery or aggravated domestic battery under Illinois law, or under any state’s law where the offense was committed before on or after January 1, 2012.
10. Applicant is not an adult who has been adjudicated as a delinquent minor for the commission of an offense that if committed by an adult would be a felony.
11. Applicant is not prohibited by state or federal law from acquiring or possessing firearms or ammunition.
B. OTHER IMPORTANT CONSIDERATIONS
1. Law Enforcement may raise objections to any application based upon background, arrest history etc.
2. Any credible evidence that the applicant is a person whose mental condition poses a CLEAR AND PRESENT DANGER to the applicant or the community can serve as be a basis for denial.
3. Present FOID cardholders may have their FOID cards suspended or revoked in the event it is determined the present cardholder would not qualify under the newly enacted requirements.
4. Although certain applicants may believe they may be initially disqualified based upon a criminal record, affected applicants are greatly encouraged to inquire whether grounds for in eligibility may be negated by the court order granting a petition to expunging or sealing criminal records.
C. APPEAL RIGHTS
1. If an application is denied, the Illinois State Police fail to act on an application within 30 days or if an FOID card is revoked or seized, the aggrieved applicant or cardholder is entitled to a hearing before the DIRECTOR OF THE STATE POLICE unless the application is denied based upon a report of a conviction for specified offenses i.e., forcible felonies, domestic battery, stalking drug offenses.
2. In such event as aforementioned, the aggrieved applicant or cardholder may petition the circuit court in his or her county of residence for a hearing addressing the reasons for the delay, revocation or seizure.
NOTE TO READERS:
The information on this website provides brief highlights of the text of HB183 which is 186 pages long. You are encouraged to submit your questions and comments to which you will receive a timely response. In addition, you are invited to review the credentials of our staff which are highly qualified to answer any questions, address any concerns and provide legal representation should you deem it necessary.