Can Felons Get a FOID Card?

Under the Gun Control Act of 1968, a felony conviction creates a “legal disability” preventing one from legally obtaining or possessing a firearm. This is a federal law that applies to all Americans. Based on this, Illinois law can prohibit you from obtaining a Firearm Owner’s Identification (FOID) card. According to the Illinois Firearm Owners Identification Card Act, an individual whose FOID card application is denied due to a felony conviction can petition for relief through the circuit court in the county where you reside. But this only applies to certain offenses.

For other offenses, you would have to petition for relief before the FOID Card Review Board (FCRB). The Illinois State Police are responsible for denying, suspending, and revoking FOID cards. To be eligible for relief, the petitioner must meet several criteria:

• You may have no forcible felony convictions in the 20 years prior to application. This counts from the date of your conviction or the end of your sentence (when you were released from probation or parole, if applicable), whichever is longer.
• You must demonstrate that your criminal history and reputation indicate you are not likely to act in a manner dangerous to public safety
• Granting relief must not be contrary to the public interest
• Granting relief must not be contrary to federal law

The Illinois Supreme Court held in Evans v. Cook County States Atty, 2012 IL 125513 that if you can meet the first three (3) factors above, then granting you relief is not contrary to federal law.

At Crossroad Legal, we have helped hundreds of law-abiding gun owners restore their fundamental right to bear arms – even many people who have old criminal convictions. We are dedicated to helping gun owners protect their constitutional rights, including appealing FOID card denials and revocations linked to felony convictions.

If you or someone you know believes their Second Amendment rights have been unlawfully violated due to cannabis use, contact us today or simply book a completely free and no-obligation consultation with an experienced gun rights attorney today!