Firearm Ownership

United States Constitution Second Amendment - U.S. Const. amend. II.

“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

Everyone has a constitutional right to bear arms in the United States of America.
In Illinois, this right is regulated by FOID.
If you are convicted of a felony offense, you lose your right to own or possess firearms.
If you are a felon, relief to this standard can only be granted by the Director of the Illinois State Police or through administrative or judicial action, including a pardon from the Governor of Illinois.
Our firm will exhaust all avenues to protect constitutional rights, including the Second Amendment.

What is a Firearm Ownership Identification (FOID)?

This is an Illinois State Police issued identification card for firearm ownership. FOID stands for firearm ownership identification.
FOID is used to legally possess and purchase firearms and firearm ammunition. You must have this card present when transporting firearms or firearm ammunition.
You can apply for a FOID if you are twenty one (21) years old, or eighteen (18) years old and sponsored by a guardian.
When applying, Illinois State Police performs a background check after processing your application for $10.00. FOID applications may be rejected due to:
- Felony Conviction
- Medical Cannabis License
- Court Order
- Failure to report stolen firearm
- Failure to update address
Similar to a Driver’s License, State ID, or passport, this card expires ten years after issuance, requiring action by the owner to renew. If you submit fingerprint scans when you apply, your card will automatically renew. You also must update this card within thirty (30) days, if your permanent address changes.
Illinois is the only state that requires FOID to possess firearms.
Out of state residents are not required to have a FOID unless they are professionally possessing firearms for business.
New residents who are firearm owners must get a FOID within sixty (60) days of residency.

What is a Conceal and Carry License (CCL)?

This is an Illinois State Police issued identification license for concealing and carrying a firearm on your person, applicable to both residents and non-residents who intend to visit Illinois.
Concealing and carrying a firearm means you possess a hidden firearm while you are outside your home, abode, or fixed place of business. People often conceal firearms in a holster on their waist.
To get a CCL, you must:
- Have a valid FOID
- Complete a sixteen (16) hour class
- Have no felony convictions
- Pass background check
- Be twenty one (21) years of age or older
Even with a CCL, there are locations that are prohibited to conceal and carry a firearm, such as public buildings.
A CCL lasts five (5) years, and costs $150.00.

Registering Sale of Firearms - 720 ILCS 5/24-4

When someone sells a firearm, which is concealable upon a person, who is not a manufacturer of said firearm, they must keep a record of all firearms sold or gifted.
This record must contain the date of the sale or gift, the name, address, age and occupation of the person to whom the weapon is sold or given, the price of the weapon, the kind, description and number of the weapon, and the purpose for which it is purchased and obtained.
If asked by a police officer, the firearm seller must produce this record for inspection and inspection of all firearms for sale in possession of the firearm seller.
Failure to keep a record may result in a charge of a class B misdemeanor.

Report of Lost or Stolen Firearms - 720 ILCS 5/24-4.1

If you possess a FOID Card, and lose possession of your firearm, either by misplacing or theft, you are required to report the loss of this firearm to law enforcement within 48 hours.
The report shall include: last known date, last known location, make and model, serial number, description of loss, and FOID information, if applicable.
A person is exempt if they are unable to make a report due to an act of god, war, hospitalization, mental impairment, or prevention of making a report.
A person who violates this Section is guilty of a petty offense for a first violation. A second or subsequent violation of this Section is a class A misdemeanor. Delayed prosecution is allowed within three (3) years of the date of loss.

Defacing Identification Marks of Firearms - 720 ILCS 5/24-5

People in Illinois must not knowingly or intentionally change, alter, remove or obliterate the name of the importer's or manufacturer's serial number of any firearm. If you are found defacing, you will be charged with a class 2 felony.
Possession of a defaced serial number is a class 3 felony.
Exemptions include persons making repairs to firearms, but must not change the serial number on the frame or receiver.
Delayed prosecution allows for six (6) years after the commission of defacement.

Serialization and Unfinished Receivers on Firearms - 720 ILCS 5/24-5.1

Effectively, manufacturers are required to serialize firearms when building a gun. It is unlawful to knowingly sell, offer to sell, or transfer unfinished or unserialized frame, receiver, or firearms. All persons, including federal firearm dealers or importers held accountable.
Being found guilty of these charges is class A misdemeanor for a first violation and a class 3 felony for a second or subsequent violation.

Unauthorized Possession or Storage of Weapon - 720 ILCS 5/21-6

Someone cannot possess or store any weapon as defined in Section 33A-1, within a building, or on land supported in whole or in part with public funds, or in any building on such land without prior written permission from the chief security officer for such land or building.
This means you cannot stash a firearm within a public building or land without informing required security personnel.
Charged as a class A misdemeanor, punishable up to three hundred and sixty four (364) days incarceration.