In the U.S. state of Illinois, residents must possess a FOID card,[1] or Firearm Owners Identification card, in order to legally possess or purchase firearms or ammunition. The applicable law has been in effect since 1968,[2] but has been subject to several subsequent amendments.

Background

The FOID card is issued by the Illinois State Police, with the application being submitted either online or via a paper application process.[3] Police first perform a check of the applicant on the National Instant Criminal Background Check System (NICS), an electronic database maintained by the FBI. Grounds for disqualification include a conviction for a felony or for an act of domestic violence, a conviction for assault or battery within the last five years, or being the subject of an order of protection. The police also check an Illinois Department of Human Services database, to disqualify any applicant who has been adjudicated as a mental defective, or who has been a patient of a mental institution within the last five years.[4] Mental health professionals are required to inform state authorities about patients who display violent, suicidal or threatening behavior, for inclusion in the Human Services database.[5] The police may also check other sources of information. There are additional requirements for applicants under the age of 21.[6]

A FOID card legally must be granted within 30 days from the date the application is received, unless the applicant does not qualify. However, by January 2006, the backlog had increased and the State Police were taking as long as 50 days, in violation of the law, to issue or deny the FOID.[2] By March 2013 the delay was often at least 60 days.[7] By March 2020 this had increased to more than 90 days. Cards issued on or after June 1, 2008 are valid for ten years; cards issued prior to June 1, 2008 were valid for five years.[4] The FOID card will be revoked before its expiration if the individual becomes disqualified as described above.[8] State statute allows for a $10 application fee; however, the total amount charged is $11 when a $1 service fee, which cannot be waived, is included.[9]

Illinois law requires that, when a firearm is sold by a Federal Firearms License (FFL) holder, or at a gun show, the seller perform a dial-up inquiry to the State Police to verify that the buyer's FOID card is valid. This additional check is known as the Firearm Transfer Inquiry Program (FTIP).[10][11] At the time of the inquiry, the police perform an automated search of several criminal and mental health databases, including the federal NICS database.[1] (Generally, FFLs in all states must request a background check through the NICS before selling a firearm; however in some states non-FFL purchasers who possess certain state-issued firearms permits, e.g., a permit to carry a concealed handgun, may purchase firearms from FFLs without undergoing a point-of-sale NICS check.)[12][13] For private sales not at a gun show, the seller must also verify the buyer's FOID card with the state police, and receive a transfer approval number, either via a web site or with a phone call.[14][15]

Rulings

In 2011, in the case of People v. Holmes, the Illinois Supreme Court ruled that non-Illinois residents who are permitted to possess a firearm in their home state are not required to have an Illinois FOID card when in possession of firearms or ammunition in Illinois.[16][17]

On February 14, 2018, in a ruling on the case of People v. Brown that applies only to the defendant, a circuit court in Illinois found that the requirement to obtain a FOID in order to acquire or possess a firearm is unconstitutional. The court ruled that "to require the defendant to fill out a form, provide a picture ID and pay a $10 fee to obtain a FOID card before she can exercise her constitutional right to self-defense with a firearm is a violation of the Second Amendment... and a violation of Article I, Section 22, of the Constitution of the State of Illinois."[18] After the state requested reconsideration, the court ruled on October 16, 2018 that, in addition to reaffirming its previous ruling, the requirement to physically possess a FOID while in possession of a firearm is also unconstitutional.[19] The case was appealed to the Illinois Supreme Court.[20][21][22][23] On April 2, 2020, the court remanded the lower court's ruling.[24][25] On April 27, 2021, White County Resident Judge T. Scott Webb once again ruled the FOID unconstitutional, saying, "A citizen in the State of Illinois is not born with a Second Amendment right. Nor does that right insure when a citizen turns 18 or 21 years of age, it is a façade. They only gain that right if they pay a $10 fee, complete the proper application, and submit a photograph. If the right to bear arms and self-defense are truly core rights, there should be no burden on the citizenry to enjoy those rights, especially within the confines and privacy of their own homes."[26] The state appealed this decision to the Illinois Supreme Court, which ruled on June 16, 2022 that the circuit court had not followed its instructions in the 2020 ruling, again remanding the case to the lower court without ruling on the constitutionality of the law.[27]

On July 18, 2023, in the case of Guns Save Life v. Kelly, a Sangamon County circuit court judge ruled that the state's FOID requirement is constitutional. Judge Jennie Ascher stated that the $10 fee is reasonable for people to pay for a FOID card. She wrote in her opinion, "There is ample historical evidence supporting the constitutionality of the FOID Act, and GSL's facial challenge fails as the historical record demonstrates that laws 'relevantly similar' to the FOID Act have been part of American legal history from the Founding Era to present day."[28][29]

See also

References

  1. 1 2 Illinois General Assembly — 430 ILCS 65 — Firearm Owners Identification Card Act
  2. 1 2 Adrian, Matt (February 23, 2006). "Lawmakers Send Message on FOID Backlog". The Southern. Lee Enterprises. Retrieved December 18, 2012.
  3. ↑ "Officials Aim to Modernize and Expedite Licensing Process for Efficiency", March 6, 2015, Illinois State Police. Retrieved May 28, 2015.
  4. 1 2 Illinois General Assembly — Public Act 095-0581
  5. ↑ Tarm, Michael. "Illinois' New Gun Law Under Scrutiny", ABC News, February 19, 2008
  6. ↑ Illinois State Police — Firearm Owner's Identification Information Archived 2011-11-16 at the Wayback Machine
  7. ↑ Associated Press (March 27, 2013). "Illinois Gun Buyers Now Waiting More than 60 Days for FOID Card", CBS Chicago. Retrieved January 23, 2014.
  8. ↑ Crepeau, Megan (February 16, 2019). "Aurora Shooter Should Not Have Had a Gun Due to Felony Conviction, but State Law Failed to Stop Him". The Beacon-News. Aurora. Retrieved February 17, 2019. State police regularly check the FOID database to ensure people with cards remain eligible to own a gun, Jones said. When they find that someone's FOID should be revoked, they send a notice instructing that person to give the card back to local police and turn over their weapons to a law enforcement agency or to someone outside their household who can legally own a weapon.
  9. ↑ Schmidt, Sanford J. (October 20, 2015). "Attorney Files Suit Over FOID Charge", Alton Telegraph. Retrieved August 25, 2020.
  10. ↑ Illinois Administrative Code Part 1235 — Firearm Transfer Inquiry Program
  11. ↑ Illinois General Assembly — Public Act 094-0353, amending the Firearm Owners Identification Card Act to require FTIP checks at gun shows, effective July 29, 2005
  12. ↑ "Guide To The National Instant Check System". NRA-ILA. National Rifle Association of America, Institute for Legislative Action. 16 July 1999. Archived from the original on 8 October 2015. Retrieved 4 May 2023.
  13. ↑ "Permanent Brady Permit Chart" Archived 2013-01-02 at the Wayback Machine, Bureau of Alcohol, Tobacco, Firearms and Explosives, August 26, 2011. Retrieved December 18, 2012.
  14. ↑ Brueggemann, Brian (December 31, 2013). "New Illinois Gun Laws: FOID Checks for Private Sales, Mandatory Reporting of Lost Guns" Archived 2014-01-02 at the Wayback Machine, Belleville News Democrat. Retrieved January 1, 2014.
  15. ↑ "Public Act 098-0508, the Gun Safety and Responsibility Act", Illinois General Assembly. Retrieved January 1, 2014.
  16. ↑ Thomason, Andrew (April 7, 2011). "Supreme Court Says Only Residents Need FOID Gun Card", Illinois Statehouse News. Retrieved December 18, 2012.
  17. ↑ Associated Press (April 7, 2011). "Ill. Court Allows Nonresidents to Transport Guns", Peoria Journal Star. Retrieved June 18, 2012.
  18. ↑ "Illinois v. Brown - Order Finding Statute Unconstitutional" (PDF). February 14, 2018. Archived (PDF) from the original on 13 February 2023. Retrieved March 25, 2019.
  19. ↑ "Illinois v. Brown2 - Order Denying Motion to Reconsider Order Funding Statute Unconstitutional" (PDF). October 16, 2018. Archived (PDF) from the original on 25 March 2019. Retrieved March 25, 2019.
  20. ↑ Bishop, Greg (June 15, 2019). "FOID Case Heads to Illinois Supreme Court". Alton Daily News. Retrieved January 6, 2020.
  21. ↑ Sands, Kathy (3 April 2019). "Local court ruling on FOID card going to ILL. supreme court". Retrieved 15 July 2019.
  22. ↑ "Illinois Circuit Judge Rules FOID Card Unconstitutional; Attorney General Reportedly Appealing to IL Supreme Court". The Truth About Guns. 2019-03-24. Retrieved 2019-07-15.
  23. ↑ "People v. Brown: Fighting for Firearm Licensing and Background Check Laws". Giffords Law Center to Prevent Gun Violence. May 8, 2019. Retrieved January 6, 2020.
  24. ↑ Square, Greg Bishop The Center. "White County case that found FOID unconstitutional remanded". Effingham Daily News. Retrieved 2020-05-01.
  25. ↑ "Illinois v. Brown" (PDF).
  26. ↑ "IL Judge's Case Ruling Calls State FOID Card Law Unconstitutional". WAND TV. April 27, 2021. Retrieved April 28, 2021.
  27. ↑ Nowicki, Jerry (June 17, 2022). "Why the Illinois Supreme Court Declined to Rule on Constitutionality of FOID Act Again". The State Journal-Register. Retrieved August 11, 2023.
  28. ↑ Miletich, Mike (July 19, 2023). "Sangamon County Judge Declares FOID Card Constitutional, Siding with Illinois State Police". WAND. Retrieved August 10, 2023.
  29. ↑ Bishop, Greg (July 19, 2023). "Plaintiffs Challenging Illinois' Gun Owner ID Law Plan to Appeal Ruling". The Center Square. Retrieved August 10, 2023.
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