Some jobs require an employee to handle ammunition or carry a gun. To get one of these jobs, you must have a Firearm Owner's Identification ("FOID") card. This article explains how to get one, and how to appeal if you are denied.

Note: On January 10, 2023, Governor JB Pritzker signed the Protect Illinois Communities Act (PICA) into law. This law controls the sale of assault-style weapons and bans certain weapons like AK-type and AR-15-type rifles. If you had these weapons before the law took effect, you must submit an endorsement affidavit through your Firearm Owner’s Identification Card account by January 1, 2024. Unless you are exempted from this requirement, failing to submit the affidavit by the deadline while still having the items covered by the Act might lead to a violation of the FOID Act or Criminal Code of 2012. For more details about PICA, what it covers, and how to submit your affidavit, visit the Illinois State Police (ISP) website.

What is a FOID card?

A Firearm Owner's Identification (or "FOID") card is required in Illinois whenever you want to possess a firearm or ammunition. This includes if you are doing these things for work.

How do I apply for a FOID card?

To apply for a FOID card, go to the Illinois State Police website.  You will need:

• A valid Illinois driver's license or identification card number,
• A photograph showing your head and shoulders that was taken in the last 30 days (like a passport photo), and
• A $10.00 fee.

Beginning in January 1, 2023, you can include fingerprints electronically with your application. You will need to pay a fee for the criminal history and fingerprint check.

Need in-person help to apply for your FOID card?

If you are having a difficult time applying online or if you don't have access to online tools like a computer, smart phone, or tablet, you can get help in-person. The Illinois State Police (ISP) has kiosks where you can get one-on-one help when applying for your Firearm Owners Identification (FOID) and Concealed Carry License (CCL). A publicly accessible computer will be available to complete online applications and make updates to existing accounts. 

Current locations and hours of service are below. This information is subject to change. Please contact the police department directly to confirm the hours of operation of the kiosk. 

Metro East Illinois

• Illinois State Police District 11, 1100 Eastport Plaza, Collinsville, IL 62234
• Regular Hours: Monday-Friday, 8:30 a.m. – 12 p.m. & 1:00 p.m. – 4:30 p.m.

Northern Illinois

• Illinois State Police District 5, 16648 Broadway St., Lockport, IL 60441
• Regular Hours: Monday-Friday, 8 a.m. –11:30 a.m. & 12:30 p.m.–4:00 p.m.

Central Illinois

• Illinois State Police Central Headquarters, 801 S 7th St, Springfield, IL 62703
• Regular Hours: Monday-Friday, 8:30 a.m. – 12 p.m. & 1:00 p.m. – 4:30 p.m.

Southern Illinois

• Illinois State Police District 13, 1391 S Washington St, Du Quoin, IL 62832
• Regular Hours: Monday-Friday 8:30 a.m. – 12 p.m. & 1:00 p.m. – 4:30 p.m.

Am I eligible for a FOID card?

To be eligible for a FOID card, you must:

• Be 21 years old, or have the consent of a parent or guardian,
• Have your civil right to keep and bear arms, and
• Be an Illinois resident.

You are ineligible for a FOID card if you:

• Have a forcible felony on your record within 20 years of your FOID application,
• Have a domestic violence felony or misdemeanor on your record with your civil rights not restored,
• Are or have been addicted to narcotics (including cannabis),
• Have been a patient in a mental health facility within the past 5 years,
• Pose a clear and present danger to yourself or others in the community,
• Are undocumented or have a non-immigrant visa,
• Are a fugitive,
• Have been dishonorably discharged from the armed services,
• Have renounced your citizenship, or
• Have an existing Order of Protection, a Civil No Contact Order, or Firearms Restraining Order against you.

The right to keep and bear arms in Illinois is a civil right. Your application should not be denied once your civil rights have been restored. For example, you might lose your civil rights through a conviction for misdemeanor domestic violence. But once you serve your sentence, your appeal will not automatically be denied. Instead, the following will be considered at appeal:

• You have not committed a forcible felony in the past 20 years,
• You are not likely to endanger public safety, and
• Granting your request would not be contrary to public interest.

What if I am denied a FOID card or my FOID card was revoked or suspended?

If your application was denied, or your FOID card was revoked or suspended, you should receive a letter telling you why. The letter should also explain the appeals process.

Normally the first step is to appeal to the Director of the State Police. If you are still denied, you can file a petition with the circuit court. For general information, you can call the Illinois State Police at (217) 782-7980.

For some situations, you cannot appeal to the Director. You must go directly to filing your petition with the circuit court.

Appealing to the Director of the State Police

You will have to send in an appeal form. You will also have to include evidence as to why the reason you were denied is not right. To do this, you must meet your "burden of proof."  A burden of proof is how much evidence will be enough to win your case. You must appeal to the circuit court in your county of residence, not to the Illinois State Police. For example, in a criminal case, the government must prove their case beyond a reasonable doubt. This is a very high burden of proof. When it comes to appeals to the Director, there are different burdens of proof depending on the basis for denial or revocation.

Appealing a denial, revocation, or suspension based on mental health or intellectual disability

You can appeal to the Director if you were denied because of a mental illness or intellectual disability. You must show that:

• You are unlikely to endanger public safety,
• You having a FOID card is not bad for the public in general, and
• You having a FOID card is not against the federal law (see below).

You will need to show that things have changed since the event that led to your denial. 

Your burden of proof is called "by a preponderance of the evidence."  This is a relatively low burden of proof. You have to show that the two statements above are 51% likely to be true.

To meet your burden of proof, you should submit an affidavit discussing the circumstances of the event that led to your denial. You should also submit 2 affidavits from other people that explain why you should have a FOID card. 

You should also submit all records concerning mental health treatment or counseling, as well as criminal history records.

Finally, you should get a forensic mental health evaluation. Talk to a mental health facility about this. This can sometimes take hours to complete, and be very costly.

Appealing a denial, revocation, or suspension based on something other than mental health or intellectual disability

If your denial, revocation, or suspension was due to something other than mental health or intellectual disability, you will have to show the same three statements above are true. The difference is the burden of proof.

The burden of proof for this type of appeal is called "clear and convincing evidence." This is higher than “preponderance of evidence.” You must show that the statements above are substantially more true than not. In other words, there is a high probability that the statements are true.

To meet your burden, you will have to submit substantial evidence. You should submit an affidavit discussing the circumstances of the event that led to your denial. You should also submit 3 affidavits from other people that explain why you should have a FOID card.  For example, how you are safe when handling firearms, have never used a firearm in a threatening manner, and so on. 

Filing a petition in the circuit court

If your appeal to the Director of the State Police is denied, you can file a petition in circuit court.

In some situations, you cannot appeal to the Director. You must go directly to filing your petition in circuit court. This includes people with felonies and crimes involving stalking, domestic battery, drug offenses, and the use of a weapon.  This includes juvenile offenses.

You can file your petition in the circuit court in the county where you live. You must send a copy to the State's Attorney for that county at least thirty days before the hearing on the petition. 

The process is similar to the process of appealing to the Director of the State Police above. The difference is that you will go to a hearing instead of sending all of your materials in by mail.

If you are successful, the judge will order the Director of State Police to issue the person a FOID card.  If unsuccessful, the trial court will deny the petition. You can then appeal to the Illinois Court of Appeals. 

Federal law

You cannot get a FOID card if it is against federal law. If you have a felony or domestic violence charge on your record, federal law says you cannot have a FOID card until your civil rights have been restored.

Felonies

You cannot get a FOID card if you have a felony conviction on your record and your civil rights are not restored. Felonies might include:

• Forcible felony,
• Stalking,
• Aggravated stalking,
• Domestic battery,
• Any violation of the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, or the Cannabis Control Act that is classified as a Class 2 or greater felony,
• Any felony violation of Article 24 of the Criminal Code of 1961 or the Criminal Code of 2012, or
• Any adjudication as a delinquent minor for the commission of an offense that, if committed by an adult, would be a felony.

You may also be able to expunge the conviction if the sentence was First Offender Probation, TASC Probation, or Second Chance Probation. These types of convictions can be expunged, unlike most other convictions. You also may be able to expunge it if this has been authorized by the Governor after a pardon ("executive clemency"). Learn about expungement.

What if my FOID card expired during covid?

The Illinois State Police are currently experiencing a delay for FOID card renewal applications. They have issued a 150-day extension to anyone whose license has expired since the start of Covid. Your FOID card is still valid if:

• You have applied for renewal,
• You paid the required fees, and
• The card is not subject to revocation.

How does my FOID card interact with a concealed carry license?

The concealed carry license is closely tied to your FOID card. You may even receive your FOID and concealed carry cards as one card if you are eligible for both. Beginning on January 1, 2022, this system may become electronic.

If your FOID card is expired or suspended, your concealed carry license may be suspended for up to a year. This suspension will allow the licensee to reinstate their card.

If you currently have a FOID card and you apply for a concealed carry license, your FOID card is renewed for 10 years from the approval of your concealed carry license.

If your FOID card expires while you have a concealed carry license, the FOID card and license will remain valid. You will not need to renew your FOID card during the duration of the license.

Beginning in January 1, 2023, the state police shall provide a process for the auto renewal of your FOID card. The police will also notify each person who holds a concealed carry license of the expiration. You will receive this notification 180 days before it expires.