Can You Get a FOID Card with a Misdemeanor Battery?
Introduction
In the state of Illinois, obtaining a Firearm Owner’s Identification (FOID) card is required for anyone who wishes to purchase or possess a firearm. However, the issuance of a FOID card is not guaranteed for anyone who has a criminal conviction, including misdemeanor battery charges. In this article, we will explore the possible outcomes for individuals who want to obtain a FOID card with a misdemeanor battery conviction.
**What is Misdemeanor Battery?
Misdemeanor battery is a less severe form of battery crime, which is defined under Illinois law as "purposely or knowingly mak[ing] physical contact of an insulting or provocative nature with another." Illinois Compiled Statutes (330 ILCS 5/) defines misdemeanor battery as:
- A person commits misdemeanor battery if he or she intentionally or knowingly causes a physical contact with another who is not his or her spouse, and the contact is of an insulting or provoking nature.
**Penalties for Misdemeanor Battery
- Misdemeanor battery is punishable by:
| Penalty Range | Maximum Sentence |
|---|---|
| Class A Misdemeanor | Up to 1 year in Jail and/or a fine |
| Class B Misdemeanor | Up to 6 months in Jail and/or a fine |
**Can You Get a FOID Card with a Misdemeanor Battery?
The issue of whether an individual with a misdemeanor battery conviction is eligible for a FOID card is a complex and fact-specific one. There are several factors that influence the decision, including the severity of the offense, the length of time elapsed since the conviction, and the individual’s overall eligibility.
**FOID Requirements
To qualify for a FOID card, an individual must submit an application and meet several requirements, including:
- Age: Applicants must be at least 21 years old or 18 years old if serving in the military, or 17 years old if applying for a Firearms Education and Training Program.
- Lawful Presence: Applicants must be lawfully present in the United States.
- Residency: Applicants must be a legal resident of Illinois.
- Background Check: Applicants must undergo a FBI background check.
Potential Outcomes for Misdemeanor Battery Convicts
The Secretary of State’s Office and the Illinois State Police (ISP**) review each applicant’s criminal history to ensure compliance with FOID law. If an applicant has a misdemeanor battery conviction:
- ISP may automatically deny the application: If the misdemeanor battery is a Class A Misdemeanor, the applicant may be automatically denied, as this type of charge is considered a "public safety concern."
- ISP may require additional documents or information: For Class B Misdemeanor convictions, the applicant may be required to submit additional documents or information before the application is approved, such as a letter or testimony from the court administrator or a character witness.
