Can you get your gun rights back in Illinois?

Asked by: Carlee Adams  |  Last update: February 19, 2022
Score: 4.1/5 (35 votes)

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

From Wikipedia, the free encyclopedia. In the U.S. state of Illinois, residents must possess a FOID card, or Firearm Owners Identification card, in order to legally possess or purchase firearms or ammunition in the state. › wiki › FOID_(firearms)
). You must be a resident of Illinois to apply for a FOID Card.

How can a felon get gun rights back 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. ... If you lose your FOID or are denied a FOID, Williams & Nickl has successfully obtained licenses for hundreds of firearm clients.

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.

Can you own a gun as a felon in Illinois?

Can a Felon Own a Gun in Illinois? ... A person convicted of a felony crime is not able to obtain a FOID and cannot buy or own a gun. Without a FOID, it is a criminal offense to possess a gun, even in your own home. Handgun licenses from other states are not recognized by Illinois law, either.

Can a felon apply for a FOID card?

You can't get a FOID card if you have on your record: Any kind of forcible felony conviction within 20 years of the FOID card application, ... A juvenile adjudication that's a forcible felony equivalent, or. Any misdemeanor (if you're under 21).

How To Get Your Gun Rights Back!

21 related questions found

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

In Illinois, criminal convictions will stay on your record forever. Some convictions and arrests that did not lead to conviction are eligible to be sealed or expunged, which will remove the conviction from a person's public criminal history.

Can a felon own a black powder gun in Illinois?

In Illinois, if a felon wants to buy or own a black powder gun, he must obtain Firearm Owners Identification or FOID. A felon cannot purchase any firearm without this FOID.

What felonies Cannot be expunged in Illinois?

It doesn't matter who you are or whether your crime was a misdemeanor or felony, but you can never seal: Sex offenses. Violent crimes. Domestic violence crimes (including assault, violation of an order of protection, domestic battery, aggravated battery, aggravated assault and aggravated domestic battery)

What states can a felon own a gun 2021?

- Colorado, Kansas, Louisiana, Minnesota, North Carolina, North Dakota, Oregon and South Dakota automatically restore firearms rights to convicted felons - including those who committed violent crimes - but make them wait five to 15 years after they complete state supervision, the center and ATF found.

What crimes Cannot be expunged in Illinois?

What Crimes Cannot Be Expunged in Illinois?
  • Animal care crimes.
  • Crimes that require you to register as a sex offender.
  • Crimes that require you to register as an arsonist.
  • Domestic battery.
  • Driving under the influence.
  • Many violent crimes and murder.

Can you seal a Class 1 felony in Illinois?

Illinois Expands List of Sealable Felony and Misdemeanor Convictions. On August 24, 2017, Governor Rauner signed House Bill 2373 into law -- effective immediately -- the largest expansion of sealable convictions. ... Now, drug offenses, regardless of the felony class (X, 1, 2, 3, 4) are eligible for sealing.

Can I get a FOID card with an expunged record?

Criminal record expungement essentially erases your record. ... With a clear criminal record, you're eligible to apply for an Illinois Firearm Owner's Identification card, or FOID card. With a valid FOID card, you are legally allowed to purchase a firearm in the state of Illinois.

What can be expunged in Illinois?

The following types of arrests, charges, or sentences on your criminal record can be expunged: o Arrests for misdemeanors and felonies that did not result in a conviction. An eligible misdemeanor or class 4 cannabis conviction under the Illinois Cannabis Regulation and Tax Act, 410 ILCS 705.

What rights do felons lose in Illinois?

Collateral Consequences of a Felony Conviction
  • Loss of gun ownership rights;
  • Inability to participate in state and federal welfare programs;
  • Inability to work in certain job fields, such as education, healthcare, and the government;
  • Difficulty finding gainful employment;
  • Difficulty securing an apartment or home;

Can the spouse of a felon own a gun in Illinois?

You are permitted to own a firearm, as long as you have a valid FOID card. If he is still on probation, your husband must comply with all terms of his probation and even if he is no longer on probation, he is not permitted to own or possess a firearm...

How do you get felonies expunged?

How to Request a Felony Expungement. The process for expunging a felony charge and/or conviction also varies state to state but will typically require filing a petition with the court that originally heard your case. The district attorney or prosecutor's office must also be notified of your request.

Can a non violent felon own a firearm?

Under federal law, a convicted felon is permitted to possess a firearm when: The conviction has been expunged. The conviction has been set aside. ... The felon's civil rights were restored by the state where the felony occurred.

What disqualifies you from owning a gun?

Under federal law, a person is generally prohibited from acquiring or possessing firearms if, among other things, they have been convicted of certain crimes or become subject to certain court orders related to domestic violence or a serious mental condition.

Can a felon be around a person with a gun?

Generally speaking, felons are still allowed to associate with or be around someone who owns a gun. ... There are some instances where a convicted felon may be found guilty of “constructive possession” of a firearm. This can happen if: The convicted felon knew that the firearm was in the home or residence, and.

How much does it cost to get a felony expunged in Illinois?

Getting your record expunged or sealed will cost you a filing fee at the courthouse plus $60 for the Illinois State Police. Some local law enforcement agencies may also charge a processing fee.

Do I qualify for expungement in Illinois?

You may be immediately statutorily eligible for an expungement if the final disposition of your case was that charges were: dropped, dismissed, acquitted (not guilty) or arrested without charging. ... These dispositions are immediately eligible for expunging irrespective of whether you have any criminal cases pending.

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.

Can felons hunt in Illinois?

In Illinois you can own a bow/arrow and you can get a hunting license as a convicted felon.

Are muzzleloaders considered firearms?

In fact, the Gun Control Act of 1968 defines an antique firearm in Section 921(16) as any firearm manufactured before 1898, including those with a matchlock, flintlock, percussion cap, or similar ignition system. ...

Do you need a FOID card to buy a muzzleloader in Illinois?

Do I need a valid FOID card for a muzzleloader or blackpowder gun? Yes. In Illinois, muzzleloaders and blackpowder guns are considered firearms.