Not too long ago, an Illinois man was charged with first-degree attempted murder, aggravated battery, and aggravated discharge of a firearm after allegedly shooting two sheriff’s deputies outside his home using a semi-automatic assault rifle. The man’s aunt has since been charged with unlawfully supplying that weapon to her nephew, whose firearm owner’s identification card was revoked almost 15 years ago. Police reports indicate that she admitted to giving her nephew the assault rifle – as well as two other firearms – a couple of months before the October shooting.
Illinois law generally does not permit anyone without a FOID card – which must be issued by the Department of State Police – to acquire or possess firearms or ammunition. Accordingly, if you are aware that someone does not have a FOID card, it is illegal to supply him with a weapon. The unlawful sale or delivery of firearms is a felony offense. Punishment depends on the category of person you unlawfully supplied with a firearm as well as the number of offenses you have committed.
You may also be charged with unlawful sale or delivery if you knowingly:
- Sell or give a concealable firearm to a person under the age of 18;
- Sell or give a firearm to a person under the age of 21 who has been convicted of a misdemeanor (other than a traffic offense) or adjudged delinquent;
- Sell or give a firearm to a narcotic addict;
- Sell or give a firearm to anyone who has been convicted of a felony;
- Sell or give a firearm to anyone who has been a mental institution patient within the past five years;
- Sell or give a firearm to an intellectually disabled person;
- Sell a concealable firearm without withholding delivery for at least 72 hours after someone has applied to purchase it; or
- Sell a rifle, shotgun or other long fun without withholding delivery for at least 24 hours after someone has applied to purchase it.
State law imposes additional requirements on dealers, importers, manufacturers and pawnbrokers who hold licenses under the federal Gun Control Act.
Revocation of a FOID Card
There are numerous grounds for revoking a previously issued FOID card. For example, the police may revoke a FOID card if the holder is, or was at the time of issuance:
- Under 21 years old and has been convicted of a misdemeanor (other than a traffic offense) or adjudged delinquent;
- Under 21 years old and does not have written consent from a parent or guardian to acquire and possess firearms and ammunition;
- A convicted felon;
- A drug addict;
- A mental institution patient within the past five years;
- Someone whose mental condition poses a clear and present danger to himself or another person;
- Intellectually disabled; or
- Someone who intentionally made a false statement on his FOID card application.
If you have been charged with the unlawful sale or delivery of a firearm, or if your FOID card has been revoked, our Will County criminal defense attorneys can help. Contact us today for a consultation. We can assist those in Frankfort, Joliet or the surrounding area.