Can a convicted felon own a gun after 10 years in Illinois?

Asked by: Natalia Vandervort  |  Last update: August 29, 2022
Score: 4.8/5 (5 votes)

In Illinois, one of the rights a person stands to lose upon conviction of felony charges is the right to firearms ownership . While the loss of this right is not technically permanent, the law makes it difficult for a convicted felon to regain the ability to legally own a firearm.

Can a felon own a gun after 10 years in Illinois?

any firearm or any firearm ammunition if the person has been convicted of a felony under the laws of this State or any other jurisdiction.” Depending on the circumstances and the number of past convictions, the sentence can range from two to 50 years.

How does a convicted felon restore their gun rights in Illinois?

The Illinois Supreme Court ruled that if a convicted felon can establish the requirements of Section 10(c)(1)-(3), they have their civil rights restored and may be granted a FOID.

Can a felon possess a firearm in Illinois?

Can a Felon Own a Gun in Illinois? Anyone who wants to possess and carry a firearm of any sort in Illinois must first obtain a Firearm Owners Identification (FOID). A person convicted of a felony crime is not able to obtain a FOID and cannot buy or own a gun.

When can a felon be around a gun?

Generally speaking, felons are still allowed to associate with or be around someone who owns a gun. However, things can get tricky if the gun is around or if the person lives with them. There are some instances where a convicted felon may be found guilty of “constructive possession” of a firearm.

THE GUN LAWYER: How Felons Get their Gun Rights Back

32 related questions found

Can a felon get a passport?

Most convicted felons and ex-felons can get a passport. However, even if you are issued a passport, it does not mean that you will be able to travel anywhere you wish. Many countries refuse to let convicted felons enter their borders, both for public safety and for political reasons.

What is the sentence for possession of a firearm by a convicted felon?

What Are The Penalties For Federal Possession of a Firearm by a Convicted Felon? The sentencing guidelines for possession of a firearm by a convicted felon indicates a maximum penalty is 10 years imprisonment and a $250,000 fine.

How long does a felony stay on your record in Illinois?

If you were convicted of a misdemeanor or felony , you can seal 3 years after the end of your last sentence. This also applies if you successfully completed special, qualified probation (like 710-1410 or TASC). Certain convictions may not be sealed until you are no longer required to register.

Can felons get a FOID card in Illinois?

If you have a non-forcible felony, like retail theft, your FOID application may not be denied. Your application might be denied if you have a low level felony conviction. For example, a felony Class 4 conviction for possession of a controlled substance.

What felonies Cannot be expunged in Illinois?

WHICH CASES CANNOT BE EXPUNGED IN ILLINOIS?
  • DUI.
  • Reckless Driving if you were over 25.
  • Domestic Battery.
  • Most sexual cases.
  • Animal Cruelty cases.
  • Battery to an unborn child.
  • Violation of Order of Protection.
  • Violation of no Stalking Contact Order.

Can I restore my gun rights in Illinois?

Unfortunately, you cannot currently restore your firearm rights in Illinois. In order to petition to restore your rights, you must first be denied an Illinois Firearm Owner Identification Card (FOID Card). You must be a resident of Illinois to apply for a FOID Card.

How do you get a felony pardon in Illinois?

The process is started by submitting a Petition for Clemency with the Illinois Prisoner Review Board. This petition must include all of the information about your case and provide the reasons why you should be granted a pardon by the Governor.

Does expungement restore gun rights in Illinois?

Expungement, record sealing, and juvenile expungement do not restore firearm rights, but successfully petitioning for relief to obtain a FOID (firearm owner's identification card) does restore these rights.

What disqualifies you from getting a concealed carry permit in Illinois?

Misdemeanor convictions within the past five years for assault, aggravated assault, violating an order of protection. A person under 21 who has been convicted of a misdemeanor or adjudicated delinquent. Addicted to narcotics. Adjudicated mentally defective or is mentally retarded.

Is a Class 3 felony Probationable in Illinois?

A Class 3 Felony is punishable with a minimum term of imprisonment of 2 years up to a maximum of 5 years. See 730 ILCS 5/5-4.5-40. These offenses are generally probationable.

Can a Class 3 felony be expunged in Illinois?

The Certificate of Sealing can only be used with a one-time conviction of a Class 3 or 4 Felony. You must wait 5 years from the end of the sentence or 5 years from the last arrest before being eligible to file a petition.

Can a felon own a black powder gun in Illinois?

The short answer is no, felons cannot possess or hunt with black powder or muzzle loading firearms.

What is a Class 4 felony in Illinois?

Some common Class 4 felonies include aggravated assault, stalking, drug possession of a controlled substance, aggravated DUI, driving on a revoked driver's license, and theft, depending on the amount that was stolen and the circumstances involved.

Can a felon be a lawyer in Illinois?

A convicted felon can become licensed to practice law, though not in all states. As of 2015, only three states and one territory outright ban convicted felons from ever becoming lawyers: Kansas, Mississippi, Texas, and the Northern Mariana Islands.

How far back does a background check go in Illinois?

How Far Back Does a Background Check Go in Illinois? The FCRA limits reporting on any criminal arrests that failed to result in a conviction that occurred more than seven years ago. If the candidate is being considered for a position that pays a salary of at least $75,000 this time restriction does not apply.

How long does it take to Expunge a felony in Illinois?

The state of Illinois has up to 60 days to object to your Petition to Expunge or Petition to Seal. The speed of processing within your jurisdiction can also be a factor. Provided there are no objections and the petition is processed within a reasonable amount of time, three to four months is a solid estimate.

How long does it take to seal criminal record in Illinois?

After the petition is filed, the state's attorney, the state police, and all other notified parties have 60 days to object. If the judge grants the petition, an order is entered, and all state agencies are given 60 days to expunge or seal the record. The total process typically takes about six months.

What is the sentence for possession of a firearm by a convicted felon in Illinois?

The basic sentence for unlawful possession of a weapon by a felon in Illinois is a Class 3 felony, which can include between 2 and 10 years in prison. For repeat offenses, the sentence increases to a Class 2 felony, and the length of imprisonment increases to between 3 and 14 years.

Can a convicted felon own a gun in Wisconsin?

Wisconsin Laws on Felon In Possession Of Firearm

Under Wisconsin law, it is unlawful for a felon to possess a firearm or for another person to provide a firearm to a felon.

Can a felon own an air rifle in Louisiana?

Both Louisiana and federal law prohibits convicted felons from possessing firearms or ammunition. An ex-felon in possession of a firearm in Louisiana can face severe penalties unless that individual can get his or her rights to own those firearms restored by the state.