Can I Get an FOID Card With a Criminal Record?

With gun violence a presence in headlines today, many are calling for stricter gun laws in Illinois. So, how difficult is it to get a FOID card in the state? Illinois has several restrictive laws, making it more difficult to acquire a gun here than in other states. Red flag laws are in place here to ensure that those with violence or mental health concerns on their records are not able to purchase firearms. It is still possible for law-abiding citizens to obtain a lawful permit to carry weapons in Illinois.

My FOID Application Was Denied: What Now?

A criminal record may be enough to prevent your FOID application from being accepted. FOID denials fall into two categories. The first category is appealable denials, meaning you can request an additional hearing and argue that your FOID application was unjustly denied. The other category is non-appealable denials. In these cases, you cannot even appeal the denial. Non-appealable denials mostly arise when the applicant has a felony on record.

Under state law, those who have a felony conviction on their record are prevented from getting a FOID card for the next 20 years. However, the federal Gun Control Act of 1968 prevents anyone convicted of a felony from owning or possessing a gun for the rest of their life, without exception. For help with your FOID application or your appeal, reach out to an experienced attorney.

New Firearm Restrictions in the Works

A bipartisan effort in the wake of the Uvalde shooting placed more restrictions on gun ownership. The new legislation explicitly states it will expand the background check system for individuals under the age of 21. Authorities will now have 10 business days to examine the criminal and mental health records of juveniles requesting gun permits. The penalties for weapons trafficking and straw purchasing will be much tougher now. The so-called “boyfriend loophole” has been eliminated, as well. The loophole in the old law made it easy for judges to confiscate weapons from an abusive spouse, but prevented that same action if the couple was not married. Lastly, the legislation will pour more money into drug courts, mental health courts, and increase funding for mental health programs.

While having a criminal record does not automatically prevent you from legally owning a firearm in the state of Illinois, it can put up some roadblocks in your way. If you have questions about your unique path toward legal gun ownership, a knowledgeable and experienced Illinois gun law attorney can be an invaluable resource.

Talk to a Chicago Weapons Charges Attorney Today

If you need representation for a criminal charge in Cook County, Glasgow & Olsson is uniquely qualified to help. When you need an attorney, experience matters. Contact us today to learn how our experience can get you the results you deserve.

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