Can I Get a FOID Card with a Misdemeanor?
As a responsible gun owner, it’s essential to understand the laws and regulations surrounding firearms in your state. In Illinois, the process of obtaining a Firearm Owner’s Identification (FOID) card can be complex, especially if you have a criminal history, including a misdemeanor. In this article, we’ll provide a comprehensive overview of the requirements and restrictions on obtaining a FOID card with a misdemeanor.
Can I Get a FOID Card with a Misdemeanor?
The Short Answer:
Yes, you can get a FOID card with a misdemeanor, but there are specific requirements and restrictions that apply.
What is a Misdemeanor?
Before we dive into the specifics, let’s define what a misdemeanor is. A misdemeanor is a criminal offense punishable by a fine, imprisonment for a term of less than one year, or both. Misdemeanors are typically considered less serious than felonies, but they can still impact your ability to obtain a FOID card.
Illinois FOID Card Requirements
To obtain a FOID card in Illinois, you must:
• Be at least 21 years old
• Be a resident of Illinois
• Not have been convicted of a felony or any misdemeanor involving the use of firearms
• Not be a fugitive from justice
• Not be currently addicted to narcotics
• Not have been adjudicated mentally incompetent
• Not be the subject of a restraining order or injunction related to a domestic violence offense
• Not have been dishonorably discharged from the US military
FOID Card Application Process
The FOID card application process typically involves the following steps:
- Submit a completed application: You can download and complete the application form from the Illinois State Police website or pick one up in person from a local police department or Sheriff’s office.
- Provide required documentation: You’ll need to provide proof of identity, residency, and citizenship, as well as a set of fingerprints.
- Pay the application fee: The current fee for a FOID card is $10.
- Wait for processing: The Illinois State Police will review your application and conduct a background check.
FOID Card with a Misdemeanor
If you have a misdemeanor conviction on your record, you may still be eligible for a FOID card, but you’ll need to meet certain conditions. Specifically:
• The misdemeanor must be a non-violent offense: If you’ve been convicted of a violent misdemeanor, such as domestic battery or aggravated battery, you’ll be denied a FOID card.
• You must have completed any sentence or probation: You’ll need to have fully satisfied any sentence or probation imposed as a result of the misdemeanor conviction.
• You must not have been convicted of a felony or other disqualifying offense: If you’ve been convicted of a felony or other disqualifying offense, you’ll be denied a FOID card, regardless of the circumstances.
Table: Misdemeanor FOID Card Restrictions
| Misdemeanor Conviction | Eligibility for FOID Card |
|---|---|
| Non-violent | Eligible if sentence/probation complete, no felony/disqualifying offense |
| Violent | Denied |
| Disqualifying offense (e.g. domestic violence) | Denied |
Waiting Period
Even if you’re eligible for a FOID card with a misdemeanor, you’ll need to wait a certain period before your application is approved. The waiting period is typically 30 days, but it can be longer depending on the complexity of the background check.
Consequences of False or Incomplete Information
If you provide false or incomplete information on your FOID card application, you could face serious consequences, including:
• Denial of your application: Your application will be denied, and you’ll be required to reapply.
• Criminal charges: You could be charged with making false statements or attempting to obtain a FOID card by fraud.
• Loss of your FOID card: If you’re already a FOID card holder, you could lose your card and face penalties.
Conclusion
Obtaining a FOID card with a misdemeanor requires careful consideration of the application process and requirements. By understanding the laws and regulations surrounding FOID cards, you can ensure that your application is complete and accurate, and that you’re eligible for a card despite your misdemeanor conviction. Remember to always follow the rules and regulations, and don’t hesitate to consult with an attorney if you have any questions or concerns.
Additional Resources
• Illinois State Police: Firearm Owner’s Identification Card Program
• Illinois Revised Statutes: Firearm Owner’s Identification Card Act
• Illinois State Police: FOID Card Application and Instructions
