To own a gun, you must have a Firearm Owners Identification (FOID) card. It’s issued by the Illinois State Police. A FOID card licenses the gun owner, or user. Guns themselves are not licensed or registered at all.

You have to apply with the Illinois State Police to get a FOID card. There are rules about who can get one. A criminal record might disqualify you.

Some convictions lead to automatic denials with no ability to appeal. For others, you may be able to file an appeal. You can also be eligible for a FOID if you receive clemency for your conviction.

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Convictions that lead to automatic denial

You can't get a FOID card if you have on your record:

• Any kind of forcible felony conviction within 20 years of the FOID card application,
• Certain types of felony drug convictions,
• Any conviction within the last 5 years for battery or assault with a firearm,
• A juvenile adjudication that's a forcible felony equivalent, or
• Any misdemeanor (if you're under 21).

A forcible felony is one where the person used force or threatened to use force. For example, armed robbery.

You can’t get a card if you’re subject to an Order of Protection (OP) that prohibits having guns. This includes if you violate an OP using guns. The police may suspend your FOID card if the order is less than a year.

There are many other reasons you may not be able to get a FOID card. People who have a drug addiction can't get a card. Neither can people with intellectual or developmental disabilities.

When a denial of a FOID application can be appealed

Not all felonies are considered a "forcible" felony. If you have a non-forcible felony, like retail theft, your FOID application may not be denied.

Your application might be denied if you have a low level felony conviction. For example, a felony Class 4 conviction for possession of a controlled substance.

If your application is denied, you will receive a letter from the Director of the Illinois State Police that explains what you need to do to appeal the denial. Some denials can be appealed to the Director of the Illinois State Police. Denials that were based on more serious felonies can be appealed in the Circuit Court. Neither the Director nor a judge can grant a FOID if it is prohibited by federal law.

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.

Executive clemency

A petition for executive clemency could restore your FOID card. If the Governor grants your petition, you will receive a "pardon letter." You can attach this to your FOID application.

Illinois assault weapons ban

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.