Owning a Firearm in Illinois
Despite the efforts of some municipalities to ban gun ownership or the sale and transfer of weapons within their city limits, owning a firearm in Illinois is completely legal. However, it is important that law-abiding citizens follow the procedures for the purchase and use of guns to ensure that they do not jeopardize their 2nd Amendment rights.
Before You Purchase a Gun
In Illinois, an individual cannot walk into a gun shop and buy a gun on the spot. The state, with guidance from law enforcement officials, established steps that an individual is required to follow in order to legally own a firearm:
1. Apply for and obtain a Firearm Owner’s Identification Card (FOID) . This card identifies the holder as one who is eligible to purchase and/or own a gun and ammunition. This regulation was enacted in 1968 . The process includes a very thorough background check to determine if the applicant has a criminal record or another violation that makes them ineligible to obtain the card.
2. When purchasing a gun, one must deal with a legally licensed dealer and wait a defined period of time (24 hours for rifles or shotguns, 72 hours for handguns) prior to taking possession. The waiting period begins when an agreement on the purchase is made between the dealer and the buyer.
3. An Illinois resident must present a valid FOID to buy a gun.
4. Illinois requires anyone who sells a gun to conduct a background check on every potential buyer.
Denial of a FOID
Provisions of the Illinois Firearm Owner’s Identification Card Act cover every aspect of the process and lists, in detail, circumstances under which one might be denied their FOID. Among the reasons the state may deny a FOID include:
• Applicant has a prior record of a felony conviction.
• Applicant is found to have an addiction to narcotics.
• Applicant is judged by a mental health care professional to pose a “clear and present danger” to him or herself, another person, or the community at large.
• Applicant was involuntarily committed to a mental health facility.
Besides this list, there are several other disqualifications that would prevent an individual from obtaining a FOID.
Navigate Illinois Gun Laws with an Experienced Will County Criminal Law Attorney
Even an inadvertent violation could result in an expensive legal battle and harsh penalties. Protect your right to own and carry a firearm. Whether you need help in understanding the process or filing an appeal, or you find yourself facing a weapons charge, retain the services of a veteran Will County weapons violation lawyer . The Law Office of Jack L. Zaremba offers extensive experience in these matters and provides thorough counsel regardless of your legal needs.