NOTE: The following entry features revised content to reflect Public Acts 100-607 and 100-906. When these acts became effective on January 1, 2019, there were numerous changes to the Illinois laws governing the denial, suspension, and revocation of firearm ownership rights.
The State of Illinois has stringent regulations on the right to possess firearms when subject to an order of protection. More specifically, the Illinois State Police is responsible for revoking the Firearm Owner’s Identification (FOID) card of a person who is named as a respondent in an order of protection.
An order of protection is a legal device that helps stop abuse or harassment between two persons with a familial relationship. State law requires a court to issue an order of protection for a family or household member who can show, by preponderance of the evidence, that they were a victim of abuse or harassment.
If after hearing the petitioner’s testimony the court determines there is a risk of illegal use of firearms, the court may also suspend or revoke a FOID card in the order of protection. If that happens, the respondent must surrender their FOID card and firearms to the local police department.
Generally, the Illinois State Police will send a notice to the respondent within 30 days of the court order indicating that an order of protection has been issued. Once a FOID card has been revoked, the person who previously possessed the FOID card is no longer permitted to possess or own any firearms.
Possession of a firearm without a FOID card is a criminal offense in Illinois that is generally a Class A misdemeanor. If convicted, the offender can face up to one-year imprisonment and a $2,500 fine. However, under circumstances involving a revoked FOID card, the offense is much more serious.
Possessing a firearm on a revoked FOID card is a Class 3 felony offense. If convicted, the offender can face a punishment that includes two to five years in prison and a possible $25,000 fine. This offense is eligible for probation. But a conviction for this felony offense cannot be expunged or sealed.
It does not matter whether the order of protection is emergency (14 days) or plenary (two years). Any order of protection can include suspension or revocation of a FOID card.
FOID card revocations are common during divorce or separation proceedings between spouses. Often a spouse will seek an order of protection to gain the upper hand in the divorce proceedings, because these orders can award exclusive possession of the marital residence, temporary child custody, etc.