The FOID card, or Firearm Owner’s Identification Card, is mandatory for anyone in Illinois who wishes to possess or purchase firearms or ammunition legally. Introduced as part of the FOID Act in 1968, its primary purpose is to identify that the holder is eligible under state law to own or purchase firearms and ammunition. You can’t even legally have a gun in your home without a FOID card in Illinois.
Requirements for Obtaining a FOID Card:
- Age: Applicants must be at least 21 years old.
- Background Check: The Illinois State Police will check against the National Instant Criminal Background Check System (NICS). Disqualifications include felony convictions, certain misdemeanors, or being subject to an order of protection.
- Application Process: You must submit fingerprints via an online or paper application. A FOID card costs $10 and is valid for ten years.
- Renewal: Since January 1, 2022, a FOID card is typically valid for ten years. If you’ve submitted fingerprints, there’s an automatic renewal process, simplifying the renewal by extending your card’s validity upon a firearm transaction if your background check remains clear. If you don’t buy a firearm, you must renew online. However, the card has no expiration date printed on it, so you’ll need to watch the website to find out when your renewal is due.
- Non-Resident Exemption: An interesting aspect is that non-Illinois residents with a valid firearm permit from their state are exempt from needing a FOID card in Illinois.
Can you carry a gun in Illinois with a FOID card?
You can not carry a gun in Illinois with just a FOID. You must take a 16-hour class and then apply for a concealed carry license (CCL).
“(430 ILCS 65/2) (from Ch. 38, par. 83-2)
(a) (1) No person may acquire or possess any firearm, stun gun, or taser within this State without having in his or her possession a Firearm Owner’s Identification Card previously issued in his or her name by the Illinois State Police under the provisions of this Act.
(2) No person may acquire or possess firearm ammunition within this State without having in his or her possession a Firearm Owner’s Identification Card ……”
FOID Legal Implications and Controversies:
The FOID card requirement has faced legal challenges, with arguments over its infringement on Second Amendment rights. Possessing a firearm or even ammunition without a valid FOID card in Illinois can lead to criminal charges, and most firearm owners argue it’s an unnecessary burden on law-abiding citizens.
The FOID card is unique to Illinois law. An Illinois Circuit Court Judge ruled that the requirement for possessing a Firearm Owner’s Identification Card to possess a gun in the home is unconstitutional, but for now, the state has not changed the law to comply.