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Who Can Legally Purchase and Own a Firearm in Illinois?

Posted on in Criminal Law

crystal lake criminal defense lawyerLike many other areas, gun laws differ from state to state. Each state is responsible for creating and implementing its own laws pertaining to the purchase, sale, possession, and use of firearms. Naturally, some states have laws that are more strict than others. In Illinois, any person who wishes to own and possess a firearm legally must have a valid firearm owner identification (FOID) card. Obtaining a FOID card is not difficult, but there are specific requirements that you must meet before the state will issue you a permit. Possessing a firearm without a valid FOID card can result in penalties that have the potential to become severe.

FOID Card Requirements

Even though the right to “bear arms” is written into the country’s Constitution, gun ownership is treated more like a privilege than a right. When you submit an application for a FOID card, there are specific requirements that you must meet before you can receive a card. To be eligible for a FOID card, you must not:

  • Have been convicted of a felony

  • Be addicted to narcotics

  • Have been a patient in a mental health institution in the past five years

  • Be intellectually disabled

  • Be an unlawful alien present in the U.S.

  • Be subject to an order of protection

  • Have been convicted of assault, aggravated assault, battery, or a similar offense with a firearm in the past five years

  • Be an alien in the country on a non-immigrant visa

  • Have been adjudicated a delinquent minor for a crime that would have been considered a felony if committed by an adult

  • Have been adjudicated as mentally disabled

  • Have been involuntarily committed into a mental health facility

  • Have a mental condition that poses a threat to anyone

  • Be developmentally disabled

  • Have been dishonorably discharged from the military

  • Have been convicted of a misdemeanor for domestic violence

Our McHenry County Weapons Charges Defense Attorney is Here to Help

That are numerous weapons-related charges that a person could face. In some cases, those charges could be related to using or possessing a firearm without a valid FOID card. If you have been charged with unlawful possession of a firearm, you should speak with a skilled Crystal Lake, IL weapons charges defense lawyer. At Botto Gilbert Lancaster, PC, we can help you maintain your right to own a firearm. To schedule a free consultation with our team of lawyers, call our office today at 815-338-3838.

 

Sources:

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

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1657&ChapterID=39

 

Illinois State Bar Association State Bar of Wisconsin Crystal Lake Chamber of Commerce Illinois Trial Lawyers Association McHenry County Bar Association
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