What Disqualifies You from Owning a Gun in Illinois?
Illinois has strict laws when it comes to gun ownership and possession. The state not only requires a Firearm Owner’s Identification (FOID) card but also has specific criteria that render an individual ineligible to obtain or possess a firearm.
Federal Disqualifications
Before diving into the state-specific disqualifiers, it’s essential to understand the federal laws governing gun ownership. The Uniform Firearms Act (U.F.A.) and the Robert C. Byrd Matching Fund Program (MARS) Program are federal resources that provide guidance on determining eligibility for gun ownership in Illinois.
Felony Convictions
Individuals with a felony conviction record are automatically disqualified from possessing a firearm in Illinois ([18 U.S.C § 922(g)(1)]). This includes misdemeanor convictions for domestic violence crimes, as well as attempts, conspiracies, and convictions under the federal weapons laws.
Mentally Ill or Chemically Dependent
Individuals who have been adjudged mentally ill or chemically dependent are also disqualified under federal law ([18 U.S.C § 922(d)(4)]).
State Disqualifiers
In addition to the federal disqualifiers, Illinois has its own requirements for gun ownership. While the state does not differentiate between misdemeanors and non-restricted felonies, many other factors can render a person ineligible to own or possess a firearm.
- Felony Conviction in Illinois: Individuals who have been convicted of any felony in Illinois, under the Illinois Criminal Code Article 29, are generally disqualified from owning or possessing a firearm.
- Misdemeanor Child Endangerment: While not a felony, having a misdemeanor conviction for reckless conduct, child endangerment, or other crimes, can disqualify individuals from owning or possessing firearms.
- Domestic Violence: Individuals with more than one domestic violence adjudication or conviction within three years are disqualified from gun ownership.
- Firearm-Related Offenses: Convictions for involuntary manslaughter, reckless discharge, or other firearm-related charges can also disqualify individuals from owning or possessing firearms.
- Indictment or Conviction for a Crime of violence: Individuals who have an indictment or conviction for violent crimes, such as involuntary manslaughter, may be automatically disqualified from owning or possessing firearms.
Other Convictions and Disqualifying Factors
In addition to the above-mentioned violations, other convictions and factor can disqualify individual from owning or possessing weapons in Illinois:
- Drug-Related convictions: Convictions for or adjudications of drug violations other than possession of 3 grams or less of phencyclidine (PCP), 15,300 milligrams or less of cocaine, or 11.5 grams or more of cannabis can disqualify individuals from owning firearms.
- Destructive Devices: Conviction for or adjudication regarding destructive devices, including handheld missiles, can disqualify individuals from owning Firearms.
- Convicted of a Crime Under Articles 11, 7, or 15 C.C.: Individuals having a conviction for or under Articles 11 (obscenity), 7 (gambling), 15 (crimes at common law), or Code of Criminal Procedure Article VIII (contempt) crimes can be disqualified from obtaining or possessing firearms.
FOID Card Revocations
The Illinois State Police (ISP) has discretionary authority to revoke an Illinois FOID card for circumstances such as:
- Having a conviction for a disqualified crime
- Being designated as a sexually violent mentally ill person
Being adjudicated as a domestic batterer
Experiencing a significant injury or impairment that affects public safety
Table
| Disqualifying Events | Description |
|---|---|
| — | — |
| Felony Conviction/Felony Indictment | Automatic disqualifier |
| Multiple Domestic Violence Adjudication/Convictions | Automatic disqualifier, within 3 years or less |
| Charges of Child Endangerment | Misdemeanor conviction, even if not a felony |
| Martial Law | Disgruntled employee or disgrunted former employee |
| – | – |
Remedies and Next Steps
If you have inadvertently obtained a FOID card or are facing a decision regarding your eligibility for weapons ownership, it is necessary to consult with legal resources and authorities. You cannot appeal a FOID application denial, but you are entitled to a hearing should your application be denied initially.
Conclusion
Ultimately, owning a gun in Illinois requires careful consideration not only of federal laws, but also of state-based disqualifiers. Awareness of these disqualifications is crucial to ensuring Public Safety and compliance with pertinent laws.
