When your right to legally own or possess a firearm is denied, it can feel frustrating and unfair. We understand how important it is to protect your rights under Illinois law, especially when your application for a Firearm Owner’s Identification (FOID) card is denied or revoked. Many of our clients come to us confused about why their FOID application was rejected or why the Illinois State Police took away their card. These issues often involve complex background checks, old criminal records, mental health history, or even simple errors. No matter the reason, we help clients throughout Chicago and the surrounding areas appeal FOID card denials and fight to restore their firearm rights.
The FOID card is required in Illinois for anyone who wants to legally own or possess a firearm or ammunition. The Illinois Firearm Owners Identification Card Act, 430 ILCS 65, gives the Illinois State Police the power to issue or deny these cards. A denial or revocation can happen for many reasons, including past felony convictions, certain domestic violence charges, drug offenses, or even protective orders. In some cases, a person may be denied for something as minor as a non-violent arrest from years ago. Under the law, you have the right to appeal, and that appeal can be submitted to the Illinois State Police or to the circuit court, depending on the reason for the denial.
How We Help With FOID Card Appeals
When we review FOID denials, we often find that the problem is related to outdated or inaccurate information in a background check. We also see situations where the law allows a person to apply for relief, especially after time has passed or if the criminal offense was non-violent. For example, Section 10 of the FOID Act (430 ILCS 65/10) allows individuals to petition for relief when they believe their rights have been wrongfully denied. The law also allows a court to grant relief if it finds that the applicant is not a danger to public safety, and granting the card would not be against the public interest.
We work with clients to review their backgrounds, gather the right documents, and prepare a strong case. Whether your denial came from a criminal record, a mental health issue, or a false report, we can help you submit an appeal that addresses each issue. We have also helped clients challenge wrongful denials in court when an administrative appeal wasn’t enough.
If your FOID card has been denied or revoked, don’t wait to take action. Every situation is different, and the appeals process can be time-sensitive. With our legal team on your side, you’ll have the guidance and support you need to take the right next step.
Illinois FOID Card Frequently Asked Questions
Why Was My FOID Card Application Denied?
A FOID card may be denied for reasons such as a felony conviction, a domestic battery charge, an active order of protection, certain drug offenses, or a prior mental health admission. Sometimes, it’s due to incorrect or outdated records.
Can I Appeal A FOID Card Denial In Illinois?
Yes. Under 430 ILCS 65/10, you can appeal a denial either to the Illinois State Police or to the circuit court, depending on the reason for the denial. The appeal must show that you are not a danger to public safety and that issuing the card would not be against the public interest.
How Long Do I Have To Appeal A FOID Card Denial?
There is no strict deadline set in all cases, but acting quickly is important. Waiting too long can make it harder to collect documents or prove that circumstances have changed.
What Is The Difference Between A FOID Card Denial And Revocation?
A denial happens when your application is rejected before a card is issued. A revocation means the card was issued but later taken away. Both can be appealed, but the process may differ slightly depending on the reason.
Can I Own A Gun In Illinois Without A FOID Card?
No. In Illinois, you must have a valid FOID card to legally possess or purchase firearms or ammunition. Without one, you could be charged with unlawful possession.
Can Mental Health History Cause A FOID Denial?
Yes. If you were admitted to a mental health facility or found mentally disabled, your FOID card may be denied or revoked. However, you may still be eligible for relief through the appeals process if certain conditions are met.
What Happens During A FOID Appeal Hearing?
You may need to present evidence such as court documents, psychological evaluations, or letters of recommendation. The goal is to show that you are not a risk and that your firearm rights should be restored under the law.
Can A Lawyer Help With The FOID Appeal Process?
Yes. A lawyer can review your case, help you collect documents, draft the appeal, and represent you in court or before the Illinois State Police. Having legal support can make a big difference in the outcome.
Is A Criminal Conviction The End Of My FOID Rights?
Not always. Some convictions may allow for relief after a waiting period or based on the type of offense. Each case needs to be reviewed individually to determine your legal options.
Will An Old Arrest Show Up And Affect My FOID Card?
Yes. Even arrests without a conviction can appear on your record and trigger a denial. If that happens, we may be able to help correct the record or explain the circumstances in your appeal.
Talk To A FOID Card Appeals Lawyer Today
If your FOID card was denied or revoked, don’t wait to get help. At Edward Johnson & Associates, we help people across Chicago and the entire Chicagoland area fight for their firearm rights under Illinois law. Contact our Chicago FOID card appeals lawyer at Edward Johnson & Associates P.C. to receive a free consultation by calling 708-762-8666. Our office is located in Chicago, Illinois, and we represent clients throughout the entire Chicagoland metro area.