Overcoming a FOID Card Denial Due to a Felony or Other Disqualifying Offense

Although it’s been four years since I first wrote about obtaining a FOID card as a convicted felon, I still find myself spending a lot of time explaining to Illinois residents that there’s only one way to qualify for a FOID card when you have a disqualifying conviction: seek reinstatement of your gun rights by petitioning for clemency from the governor.

I now realize that the reason why confusion persists is due in large part to the information FOID card applicants receive from the Illinois State Police (ISP) when notified they’ve been denied a FOID card.

In both the letter of denial and its Request for FOID Appeal form, the ISP tells applicants who have been convicted of a felony or certain other crimes (e.g., domestic battery, stalking) that their only form of relief is to file a complaint in state court pursuant to 430 ILCS 65/10. THIS INFORMATION IS INCORRECT.

It is frankly baffling that the ISP continues to provide incorrect information. The law was amended seven years ago, adding the following language:

However, the court shall not issue the order [directing the ISP to issue a FOID card] if the petitioner is otherwise prohibited from obtaining, possessing, or using a firearm under federal law.

430 ILCS 65/10(b) (effective Jan. 1, 2013).

In other words, if you were denied a FOID card for any reason recognized under federal law (e.g., felony conviction), an Illinois judge can’t order you be given a FOID card.

Because nearly all disqualifying crimes under federal law are identical to those cited under Illinois law, the only crime where an appeal under 430 ILCS 65/10 is still possible is for misdemeanor stalking.

If you are unclear as to which criminal offenses disqualify someone from obtaining a FOID card in Illinois, please read my post discussing the eligibility requirements for obtaining a FOID card or a CCL permit.

Given ISP’s erroneous information, I’m not surprised some attorneys continue advising prospective clients -- especially those out-of-state attorneys who advertise their services to Illinois residents (offering fixed, low fees and positive results) – to file an appeal in state court. I guess they haven’t read the law since before 2013.

If you are interested in pursuing clemency, please give me a call. I promise to give you an honest assessment of your chances of obtaining clemency.