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Who Can Legally Possess a Firearm in Illinois?

DuPage County criminal defense attorney firearms violation

One of the most well-known aspects of the United States’ culture is how much emphasis is put on personal freedoms, especially when it comes to firearms. To the Founding Fathers, access to firearms was so important that they even included a provision for them in the Constitution. However, with the changes that have taken place in the world since the 1700s and now, gun ownership is not an absolute right in the United States and is actually left up to individual states to set rules and regulations. In Illinois, residents must qualify for, apply, and receive a firearm owner identification (FOID) card before they are legally permitted to purchase or possess firearms or ammunition. Possessing either without a FOID card could result in serious weapons charges that could elevate to felony charges. A skilled criminal defense attorney can help you avoid a conviction if you are facing any type of firearms violation.

FOID Card Requirements

Before you can receive a FOID card, you must meet all of the eligibility requirements that have been set forth by the Illinois State Police. These requirements are very similar to federal firearm ownership requirements and are designed to prevent those who may be a threat to public safety from legally purchasing or possessing a firearm. Illinois FOID card requirements state that a person is eligible to receive a FOID card when he or she:

  • Is at least 21 years old

  • Is a resident of the state of Illinois

  • Has not renounced his or her citizenship

  • Has not been convicted of a felony

  • Is not addicted to narcotics

  • Has not been a patient at a mental health facility in the past five years, or if more than five years, has a certification from a physician that he or she is not a danger to himself or herself, or others

  • Has not been involuntarily admitted into a mental health facility

  • Is not mentally disabled

  • Is not developmentally disabled

  • Is not an alien immigrant who is illegally present in the country

  • Is not subject to an existing order of protection

  • Has never been convicted of a misdemeanor crime of domestic violence

  • Has never been convicted of a violent crime, such as battery, assault, aggravated assault, or another similar offense with a firearm in the past five years

  • Has never been an adjudicated delinquent as a minor for committing an offense that would have been considered a felony had he or she committed it as an adult

  • Has never been dishonorably discharged from the U.S. Armed Forces

Contact a DuPage County Criminal Defense Attorney 

In Illinois, if you do not have a valid FOID card issued in your name and you have a firearm in your possession, you could be charged with various gun crimes, resulting in serious penalties. At the Davi Law Group, LLC, we have experience handling all types of weapons cases, from unlawful use of weapons (UUW) charges to FOID card violations. If you are facing any type of weapons charge, call our knowledgeable Wheaton, IL weapons charges lawyer. To schedule a free consultation, call us today at 630-580-6373.

 

Sources:

https://www.ispfsb.com/Public/FAQ.aspx
https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1657&ChapAct=430%A0ILCS%A065/&ChapterID=39&ChapterName=PUBLIC+SAFETY&ActName=Firearm+Owners+Identification+Card+Act.

 

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Davi Law Group, LLC handles criminal law matters for clients in Chicago and throughout the western suburbs including DuPage County, Will County, Kane County, Kendall County and Cook County and the cities of Aurora, Bloomingdale, Bolingbrook, Carol Stream, Darien, Downers Grove, Elmhurst, Geneva, Glen Ellyn, Hinsdale, Joliet, Kendall County, Lisle, Lombard, Naperville, Oak Park, Oak Brook, Oswego, Park Ridge, Roselle, St. Charles, Villa Park, Warrenville, Wheaton, Winfield, Woodridge and Yorkville.

 

 

 

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