Illinois State Police can deny Firearm Owner’s Identification Card to persons convicted of domestic offenses

by Lewis Gainor on March 6, 2010

Denial/Revocation of FOID

Illinois requires all persons who own or purchase firearms to register for a Firearm Owner’s Identification Card (FOID card). It is a criminal offense to possess a weapon without a FOID card.

The firearms owner must submit the application to the Illinois State Police, who will conduct a thorough background check to see if the applicant qualifies.

While there are a number of reasons that can disqualify a person from obtaining a FOID card (e.g., mental health), there are two domestic offenses that cause automatic denial:

  1. A conviction for the Class A misdemeanor offense of domestic battery.
  2. A conviction within the last 5 years for the Class A misdemeanor offense of violation of an order of protection, if a firearm was used in the commission of the offense.

(See 430 ILCS 65/8.)

Either of the above will result in a denial for a gun permit in Illinois (and a license to carry). The State Police may also revoke a person’s FOID card for the above reasons.

Take note that the above are Class A misdemeanor offenses resulting in the denial of FOID card. A conviction for ANY felony results in a revoked FOID card, but these two misdemeanor offenses, domestic battery, and violation of an order of protection involving a firearm, also result in a revocation/denial.

Therefore, these two offenses are very important for any person in the military, law enforcement such as police officers, and security guards who must carry firearms in the scope of their employment.

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