Understanding the FOID Card Application and Appeal Process in Illinois

Written By Richard Waller

In Illinois, anyone who wants to legally possess or purchase firearms or ammunition must have a Firearm Owner’s Identification (FOID) card, issued by the Illinois State Police (ISP). While the application may seem straightforward, many people find themselves denied or revoked—often for reasons that can be challenged or corrected.

If your FOID application has been denied, or your card has been revoked, you do have options—but the process requires careful legal strategy.

Here’s what you need to know.

Who Needs a FOID Card?

Under Illinois law, anyone who wants to own, possess, or transport firearms or ammunition must have a valid FOID card—unless they are a law enforcement officer, military member, or fall into a few narrow exceptions.

To apply, you must:

  • Be at least 18 (or 21 if no guardian sponsor)

  • Not have a disqualifying criminal or mental health history

  • Be a U.S. citizen or legal resident

  • Not be subject to an order of protection

Common Reasons for FOID Denials or Revocations

The Illinois State Police may deny or revoke your FOID card for a variety of reasons, including:

  • Felony convictions

  • Domestic battery or certain misdemeanor offenses

  • Dishonorable military discharge

  • Drug addiction or inpatient mental health treatment

  • Orders of protection

  • Certain juvenile offenses

  • Outstanding warrants or open criminal cases

Sometimes, a denial is based on outdated or incorrect records—like an expunged arrest or a charge that was dismissed. Other times, the reason may be valid, but you may still qualify for relief.

How to Appeal a FOID Denial or Revocation

If your FOID card is denied or revoked, you can submit a formal appeal to the Illinois State Police. This is where having an experienced attorney can make a significant difference.

There are two main types of appeals:

1. Administrative Appeal to ISP

  • Appropriate for most cases

  • You must submit:

    • A written appeal request

    • Supporting documentation (e.g., court records, affidavits, treatment records)

    • A personal statement explaining your rehabilitation and why you should be granted relief

2. Appeal Through the Circuit Court

  • Required if your case involves certain mental health commitments or firearm prohibitions under federal law

  • This process is more complex and formal

  • The court will weigh public safety concerns against your rights under the Second Amendment

Can You Get Your FOID Back?

Yes—in many cases. The ISP does grant relief to individuals who show rehabilitation, submit proper documentation, or demonstrate that the disqualifying reason no longer applies. However, the process can take months and is often denied if the paperwork is incomplete or unconvincing.

How a Criminal Defense Attorney Can Help

At the Law Offices of Richard Waller, we help clients:

  • Review the reason for denial or revocation

  • Collect and submit the right evidence

  • Draft persuasive appeal letters and affidavits

  • Represent you in hearings or court if necessary

Whether your denial was due to an old conviction, a mental health issue, or something you believe was incorrect, we can help you pursue your rights lawfully and effectively.

Don't go through the FOID appeal process alone. A mistake or omission could cost you months—or permanently bar you from owning a firearm.

Say Nothing, Call Me.®

Richard Waller
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