FOID (firearms)

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In the state of Illinois, a FOID card[1] (pronounced "a foid card" or "an F.O.I.D. card"), is a Firearm Owners Identification card – and residents need one to legally possess or purchase firearms or ammunition in the state. The applicable law has been in effect since 1968,[2] but has been subject to several subsequent amendments.

The FOID card is issued by the Illinois State Police, with the application being submitted either online or via a paper application process.[3] Police first perform a check of the applicant on the National Instant Criminal Background Check System (NICS), an electronic database maintained by the FBI. Grounds for disqualification include a conviction for a felony or for an act of domestic violence, a conviction for assault or battery within the last five years, or being the subject of an order of protection. The police also check an Illinois Department of Human Services database, to disqualify any applicant who has been adjudicated as a mental defective, or who has been a patient of a mental institution within the last five years.[4] Mental health professionals are required to inform state authorities about patients who display violent, suicidal or threatening behavior, for inclusion in the Human Services database.[5] The police may also check other sources of information. There are additional requirements for applicants under the age of 21.[6]

A FOID card legally must be granted within 30 days from the date the application is received, unless the applicant does not qualify. However, by January 2006, the backlog had increased and the State Police were taking as long as 50 days, in violation of the law, to issue or deny the FOID.[2] By March 2013 the delay was often at least 60 days.[7] Cards issued on or after June 1, 2008 are valid for ten years; cards issued prior to June 1, 2008 were valid for five years.[4] The application fee for the card is ten dollars.[7] The FOID card will be revoked before its expiration if the individual becomes disqualified as described above.[8]

Illinois law requires that, when a firearm is sold by a Federal Firearms License (FFL) holder, or at a gun show, the seller perform a dial-up inquiry to the State Police to verify that the buyer's FOID card is valid. This additional check is known as the Firearm Transfer Inquiry Program (FTIP).[9][10] At the time of the inquiry, the police perform an automated search of several criminal and mental health databases, including the federal NICS database.[1] (Generally, FFLs in all states must request a background check through the NICS before selling a firearm; however in some states non-FFL purchasers who possess certain state-issued firearms permits, e.g., a permit to carry a concealed handgun, may purchase firearms from FFLs without undergoing a point-of-sale NICS check.)[11][12] For private sales not at a gun show, the seller must also verify the buyer's FOID card with the state police, and receive a transfer approval number, either via a web site or with a phone call.[13][14]

In 2011, in the case of People v. Holmes, the Illinois Supreme Court ruled that non-Illinois residents who are permitted to possess a firearm in their home state are not required to have an Illinois FOID card when in possession of firearms or ammunition in Illinois.[15][16]

See also[edit]

Notes[edit]

  1. ^ a b Illinois General Assembly — 430 ILCS 65 — Firearm Owners Identification Card Act
  2. ^ a b Adrian, Matt (February 23, 2006). "Lawmakers Send Message on FOID Backlog". The Southern. Lee Enterprises. Retrieved December 18, 2012.
  3. ^ "Officials Aim to Modernize and Expedite Licensing Process for Efficiency", March 6, 2015, Illinois State Police. Retrieved May 28, 2015.
  4. ^ a b Illinois General Assembly — Public Act 095-0581
  5. ^ Tarm, Michael. "Illinois' New Gun Law Under Scrutiny", ABC News, February 19, 2008
  6. ^ Illinois State Police — Firearm Owner's Identification Information Archived 2011-11-16 at the Wayback Machine
  7. ^ a b Associated Press (March 27, 2013). "Illinois Gun Buyers Now Waiting More than 60 Days for FOID Card", CBS Chicago. Retrieved January 23, 2014.
  8. ^ Crepeau, Megan (February 16, 2019). "Aurora Shooter Should Not Have Had a Gun Due to Felony Conviction, but State Law Failed to Stop Him". The Beacon-News. Aurora. Retrieved February 17, 2019. State police regularly check the FOID database to ensure people with cards remain eligible to own a gun, Jones said. When they find that someone’s FOID should be revoked, they send a notice instructing that person to give the card back to local police and turn over their weapons to a law enforcement agency or to someone outside their household who can legally own a weapon.
  9. ^ Illinois Administrative Code Part 1235 — Firearm Transfer Inquiry Program
  10. ^ Illinois General Assembly — Public Act 094-0353, amending the Firearm Owners Identification Card Act to require FTIP checks at gun shows, effective July 29, 2005
  11. ^ "Guide to the National Instant Check System", National Rifle Association, July 16, 1999. Retrieved December 18, 2012.
  12. ^ "Permanent Brady Permit Chart", Bureau of Alcohol, Tobacco, Firearms and Explosives, August 26, 2011. Retrieved December 18, 2012.
  13. ^ Brueggemann, Brian (December 31, 2013). "New Illinois Gun Laws: FOID Checks for Private Sales, Mandatory Reporting of Lost Guns", Belleville News Democrat. Retrieved January 1, 2014.
  14. ^ "Public Act 098-0508, the Gun Safety and Responsibility Act", Illinois General Assembly. Retrieved January 1, 2014.
  15. ^ Thomason, Andrew (April 7, 2011). "Supreme Court Says Only Residents Need FOID Gun Card", Illinois Statehouse News. Retrieved December 18, 2012.
  16. ^ Associated Press (April 7, 2011). "Ill. Court Allows Nonresidents to Transport Guns", Peoria Journal Star. Retrieved June 18, 2012.