Can a felon own a gun in Illinois?

Can a Felon Own a Gun in Illinois?

Illinois has strict laws regarding firearm ownership, and felons are no exception. Unfortunately, the answer to whether a felon can own a gun in Illinois is largely NO. Federal and state laws prohibit certain individuals, including felons, from possessing or obtaining firearms.

Federal Prohibitions

The Firearm Owners Protection Act of 1986 (18 U.S.C. § 922(g)) federal law prohibits individuals who have been convicted of a crime punishable by imprisonment for more than one year from purchasing or owning a firearm. This includes felons. Additionally, the Gun Control Act of 1968 (18 U.S.C. § 922) prohibits the transfer or sale of firearms to individuals who are not legally allowed to possess them.

State Prohibitions

The Illinois Firearm Owners Identification (FOID) card is required to purchase and own a firearm in Illinois. According to the Illinois State Police, a conviction for a felony or attempt to commit a felony would disqualify an individual from obtaining a FOID card. Illinois law also prohibits individuals from possessing or controlling a firearm if they have been previously convicted of a felony, including violent crimes such as murder, aggravated battery, and robbery (720 ILCS 5/33-3).

Classes of Felonies Affecting Gun Ownership

In Illinois, there are several classes of felonies that can impact an individual’s ability to own or possess a firearm. The following are some examples of felonies that can prevent an individual from owning or possessing a firearm:

• Class 1 and Class X Felonies: These are the most serious types of felonies, including murder, burglary, and armed robbery (720 ILCS 5/33-1 through 33-3).

• Class 1 and Class X Felonies: These are significant crimes that can result in a sentence of 1-20 years or 20-60 years or life imprisonment.

• Class 2 and 3 Felonies: These are less serious but still serious crimes, such as aggravated battery, vehicular hijacking, and possession of a stolen motor vehicle (720 ILCS 5/33-4 through 33-6).

• Class 4 and 5 Felonies: These are less serious crimes, including forgery, theft, and possession of a switchblade knife (720 ILCS 5/34-1 through 34-3).

Background Checks and FOID Card Reviews

When an individual attempts to purchase a firearm, the seller is required by law to conduct a background check through the Illinois State Police. As part of this process, the individual’s criminal history and FOID card status will be reviewed. If it is discovered that the individual has a felony conviction or is otherwise prohibited from possessing a firearm, the FOID card will be denied or revoked.

Consequences for Violating Gun Laws as a Felon

Failure to comply with Illinois laws regarding firearm ownership can have serious consequences for felons. Possession or control of a firearm without a FOID card, or possession of a firearm while under investigation for a felony, are both considered Class 1 felonies, punishable by 4-15 years in prison.

Resources for Felons Seeking Firearms Relief

For individuals seeking to have their firearm ownership rights restored, there are several resources available:

• Illinois State Police: The ISP provides a FOID card suspension or revocation appeal form for individuals who want to challenge a denial or revocation of their FOID card.

• Illinois Department of Law Enforcement: The IDLE provides information on restoring firearm rights for felons who have completed their sentence and are seeking to have their rights restored.

• Legal Aid Centers: Many legal aid organizations, such as the Cook County Legal Aid Society and the Illinois Legal Aid Foundation, offer free or reduced-cost legal services to eligible individuals, including those with felony convictions.

In Conclusion

In summary, the answer to whether a felon can own a gun in Illinois is largely no. Federal and state laws prohibit certain individuals, including felons, from possessing or obtaining firearms. To own or possess a firearm in Illinois, an individual must be eligible for a FOID card and subject to a background check. For felons seeking relief, there are resources available to help them navigate the process of restoring their firearm ownership rights.

Frequently Asked Questions

Can a felon own a handgun in Illinois?

• Generally, no. Felons are prohibited from possessing or owning a firearm, including handguns.

Can a felony conviction be expunged in Illinois?

• Maybe. Certain felony convictions, such as those related to drug possession or theft, may be eligible for expungement. However, this is a complex and fact-specific process that typically requires legal assistance.

Does a felony conviction automatically preclude an individual from possessing a firearm?

• Mostly. While a felony conviction will likely disqualify an individual from possessing or owning a firearm, some individuals may be eligible to have their rights restored.

Table: Illinois Classifications of Felonies

I hope this article helps understand the laws and regulations around gun ownership for felons in Illinois.