a)
Suspension
1) The Department will suspend the
FOID Card pursuant to Section
8.3 of the Act, whenever the
Department finds that a person to whom a FOID Card was previously issued is
disqualified pursuant to:
A) Section
8.2 of the Act as the result of
a Protective Order and the duration of the disqualification is expected to be
less than one year;
B) Section 8(n)
of the Act as the result of Felony Indictment; or
C) Section 8(d) of the Act because the person
is an Unlawful Drug Use if the person is prohibited under Illinois law from
possessing firearms.
2)
Upon receiving notice of suspension, the FOID Card holder must comply with the
Firearms Disposition Record (FDR) provisions of Section
9.5 of the Act and shall
surrender the FOID Card to the law enforcement agency or person listed on the
FDR regardless of whether the FOID Card holder owns or possesses firearms.
A) A copy of the required Firearm Disposition
Record can be found on the Department's website.
B) A person whose FOID Cards was confiscated
by law enforcement or the court must submit documentation of the confiscation
with the Firearm Disposition Record.
C) A person subject to Section
9.5 of the Act due to a
suspension shall either surrender assault weapons, assault weapon attachments,
.50 caliber rifles, and .50 caliber cartridges to a law enforcement agency for
the duration of the suspension or transfer such items to a person authorized to
purchase and possess such items consistent with the provisions of Sections
24-1.9 and 24-1.10 of the Criminal Code of 2012 [
720 ILCS
5/24-1.9 and
720 ILCS
5/24-1.10 ].
i)
Assault weapons, assault weapon attachments, .50 caliber rifles, .50 caliber
cartridges, and large capacity ammunition feeding devices transferred to
another person as the result of a suspension may not be returned upon
reinstatement of the FOID Card.
ii)
Assault weapons, assault weapon attachments, .50 caliber rifles, .50 caliber
cartridges, and large capacity ammunition feeding devices may only be returned
by a law enforcement agency to whom such items were surrendered.
iii) If the owner surrenders possession to a
law enforcement agency and intends to appeal the suspension so that the items
surrendered can be returned if the appeal is successful, the owner shall notify
the law enforcement agency of their intent at the time of surrender.
* If the appeal is successful, the items surrendered shall be
returned to the owner who surrendered possession in the condition in which the
items were surrendered.
* If the appeal is unsuccessful, the items surrendered may, at
the request of the owner, be transferred to an FFL of the owner's choosing so
that the items may be sold by the FFL on behalf of the owner consistent with
PICA.
* If the appeal has not been exhausted within 180 days of the
suspension, the owner must provide proof that the appeal is still pending at
least every 30 days until the appeal has been exhausted.
iv) Notwithstanding any other provision to
the contrary, any items surrendered to law enforcement for safekeeping pursuant
to a FOID Card suspension based upon a protective order as defined by Section
1.1 and required by Section
8.2 of the Act, shall not be
destroyed until after the appeal has been
exhausted.
3)
The suspended FOID Card shall be invalid for the duration of the
disqualification and suspension, including but not limited to, prohibiting the
possession, purchase, sale, transfer or exchange of firearms and firearms
ammunition.
4) The FOID Card holder
shall provide written notification to the Department upon conclusion of the
disqualification.
5) After
verifying the conclusion of the disqualification, the Department will provide
written notice and reinstate the FOID Card.
6) The FOID Card holder may appeal the
suspension consistent with the provisions of Section 10 of the Act and Section
1230.70 of this
Part.
b) Revocation
1) Whenever the Department finds that a
person to whom a FOID Card was previously issued is disqualified pursuant to
Section 8 or
8.2 of the Act other than as the
result of a disqualification as provided in subsection (a)(1), the Department
may revoke and seize the FOID Card.
2) Upon receiving notice of revocation, the
FOID Card holder must comply with the provisions of Section
9.5 of the Act in its entirety.
A) A copy of the required Firearm Disposition
Record can be found on the Department's website.
B) Individuals whose FOID Cards were
confiscated by law enforcement or the courts must submit documentation of the
confiscation with the Firearm Disposition Record.
C) A person subject to Section
9.5 of the Act due to a
revocation shall either surrender assault weapons, assault weapon attachments,
.50 caliber rifles, and .50 caliber cartridges to a law enforcement agency for
the duration of the revocation or transfer such items to a person authorized to
purchase and possess such items consistent with the provisions of Sections
24-1.9 and 24-1.10 of the Criminal Code of 2012 [
720 ILCS
5/24-1.9 and
720 ILCS
5/24-1.10 ].
i)
Assault weapons, assault weapon attachments, .50 caliber rifles, .50 caliber
cartridges and large capacity ammunition feeding devices transferred to another
person as the result of a revocation may not be returned upon reinstatement of
the FOID Card.
ii) Assault weapons,
assault weapon attachments, .50 caliber rifles, .50 caliber cartridges, and
large capacity ammunition feeding devices may only be returned by a law
enforcement agency to whom such items were surrendered upon reinstatement of
the FOID Card.
iii) If the owner
surrenders possession to a law enforcement agency and intends to appeal the
revocation so that the items surrendered can be returned if the appeal is
successful, the owner shall notify the law enforcement agency of their intent
at the time of surrender.
* If the appeal is successful, the items surrendered shall be
returned to the owner who surrendered possession in the condition in which the
items were surrendered.
* If the appeal is unsuccessful, the items surrendered may, at
the request of the owner, be transferred to an FFL of the owner's choosing so
that the items may be sold by the FFL on behalf of the owner consistent with
PICA.
* If the appeal has not been exhausted within 180 days of the
revocation, the owner must provide proof that the appeal is still pending at
least every 30 days until the appeal has been exhausted.
iv) Notwithstanding any other provision to
the contrary, any items surrendered to law enforcement for safekeeping pursuant
to a FOID Card revocation based upon a protective order as defined by Section
1.1 and required by Section
8.2 of the Act, shall not be
destroyed until after the appeal has been
exhausted.
3)
The FOID Card holder may appeal the revocation consistent with the provisions
of Section 10 of the Act and Section
1230.70 of this
Part.
c) Canceled.
Pursuant to Section
8.4 of the Act, individuals who
are not prohibited by State or federal law from acquiring or possessing a
firearm or firearm ammunition may cancel their FOID Cards for administrative
purposes.
1) The Department will, at the FOID
Card holder's request, cancel a FOID Card whenever an individual reports to the
Department that:
A) they have surrendered
their Illinois driver's license or Illinois Identification Card to another
jurisdiction;
B) their FOID Card
has been lost, stolen, or destroyed; or
C) they no longer wish to possess a FOID
Card.
2) If an
applicant's payment is rejected due to insufficient funds and the applicant
fails to pay all required fees, then the Department will cancel the applicant's
FOID Card.
3) FOID Cards that are
canceled are not subject to the requirements of Section
9.5 of the Act but must be
destroyed or surrendered to law enforcement.
d) Notwithstanding the provisions of this
Section, the Department will comply with any court order to the contrary that
is not void as a matter of law.
Notes
Ill. Admin. Code
tit. 20, §
1230.50
Amended at 38
Ill. Reg. 2301, effective December 31, 2013
Amended at
46
Ill. Reg. 1057, effective
12/21/2021
Emergency amendment at
47
Ill. Reg. 14038, effective
9/15/2023, for a
maximum of 150 days, exp. 2/12/2024 (Emergency)
Amended at
48
Ill. Reg. 2881, effective
2/8/2024