What Makes a Person Ineligible to Own a Firearm in Illinois?

 Posted on April 15, 2021 in Criminal Law

Since its inception, the United States has done things a little differently. When it comes to gun laws, the country as a whole is unique. The inherent right to gun ownership is written into the country’s constitution, though each individual state has the right to regulate the possession, use, sale, purchase, and/or transfer of firearms within their boundaries. While some states are laxer with their firearm laws, the state of Illinois tends to have rather strict laws concerning firearms. In particular, not everyone is legally permitted to own a firearm in the state of Illinois. Being caught in possession of a firearm when you are not legally supposed to have one can lead to serious consequences that require representation from a skilled Illinois criminal defense attorney.

FOID Cards and Ineligibility

Though not all states have the same requirements, the state of Illinois requires everyone in possession of a firearm to have a valid firearm owner’s identification (FOID) card to be in legal possession of that firearm. To be eligible to receive a FOID card, you must meet certain requirements, as there are certain things that can make you ineligible for ownership, both on the state and federal level. In general, a person is ineligible for a FOID card if they:

• Are not yet 21 years old, or do not have a parent or legal guardian sponsor who is eligible for a FOID card
• Are not a resident of the state of Illinois
• Have been convicted of a felony
• Are addicted to narcotics
• Have been a patient in a mental health facility in the past five years
• Have been a patient in a mental health facility more than five years ago, but have failed to receive a mental health certification
• Have been involuntarily committed into a mental health facility
• Are intellectually or developmentally disabled
• Have been adjudicated as a mentally disabled person
• Are an illegal alien in the United States
• Are subject to an existing order of protection
• Have been convicted within the past five years of battery, assault, aggravated assault, or violation of an order of protection in which a firearm was used or possessed
• Have been convicted of domestic battery
• Have been dishonorably discharged from the U.S. military

Speak to Our Rolling Meadows, IL Criminal Defense Attorney Today

Though it is written into our constitution that we have the right to bear arms, that right is treated more like a privilege that can be revoked if it is deemed necessary. In some circumstances, you may be found ineligible to own or continue to own firearms in Illinois, in which case, you must surrender them or face consequences for illegal ownership. Gun crimes are taken very seriously in Illinois, which is why having a skilled Arlington Heights, IL criminal defense attorney on your side is a good idea. Scott F. Anderson, Attorney at Law will put his experience to use to get you the best outcome possible. To schedule a free consultation, call our office today at 847-253-3400.

Sources:

https://www.isp.state.il.us/docs/firearms052104.pdf

https://www.ispfsb.com/Public/FAQ.aspx