5113 S. Harper Ave. #2C, Chicago, IL 60615

15255 S. 94th Ave, Orland Park, IL 60462


*No Firearm Owner's Identification Card (FOID Card)

*NO FIREARM OWNER'S IDENTIFICATION CARD (FOID CARD)

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CHICAGO, IL *NO FIREARM OWNER'S IDENTIFICATION CARD (FOID CARD) DEFENSE

The relevant statutes may be viewed at 430 ILCS 65/2

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1657&ChapterID=39\ 

and

https://www.ilga.gov/legislation/ilcs/documents/043000650K2.htm



Penalties:

  •  The penalties for acquiring or possessing a firearm, stun gun, or Taser without having a Firearm Owner's Identification Card (showing you qualify for ownership because you are not in one of the classes of people exempted from legal ownership) vary according to circumstance and whether it is a repeat offense.
  •  If you have no FOID card and the weapon is loaded with ammunition the special penalty for this Class 4 felony is a one to three-year prison sentence (three to six years if an extended sentence) with probation impossible and up to a $25,000 fine no matter what your criminal background. 
  •  If you have no card and the weapon is unloaded the Class 4 penalty is a one to three years’ incarceration (three to six years if an extended sentence) with probation of up to thirty months possible instead and a $25,000 fine. 
  •  If you have a felony background the penalty is that of a Class 2 felony with three to seven years in prison (with seven to fourteen years for an extended sentence). Four years’ probation may be possible), and up to a $25,000 fine is possible. 
  •  If you have a FOID card but have no concealed carry license for a concealed weapon that counts as Class A misdemeanor with up to 364 days in jail or two years of probation, and a possible $2500 fine.
  •  However, these formal penalties are just the start of the negative consequences here. You may have to pay court and attorney fees and find it hard to get a job or get admitted to a school or to be considered for a residential lease. Such a charge will show up on a background check. You will find it more difficult to receive professional licenses needed for employment. Your rights to vote or own a firearm can be restricted or just denied. If you are an immigrant, you may be deported.

Definition: 

 The Firearm Owner's Identification Card exists to demonstrate that those having it are qualified to own a firearm and ammunition (or a Taser or stun gun) and are not on one of the categories of people prohibited from ownership of such weapons in Illinois. FOID cards are issued by the Department of State Police.


Some categories of people who cannot get an FOID card are:

  • those who have been convicted of a felony in Illinois or any other state, or
  • those considered addicted to narcotics, defined as convicted of an offense involving the use or possession of a controlled substance within the past year or who are otherwise determined by the Department of State Police to be addicted to narcotics based upon federal law or federal guidelines, or
  • an alien who is illegally present in the U.S. or who is present under a non-immigrant visa except one granted for hunting or official purposes in the U.S., or
  • anyone subject to an order of protection forbidding them to have a firearm, or
  • anyone convicted of battery, assault, or of violating an order of protection in the last five years where such a conviction involved use of a firearm, or
  • anyone convicted of domestic battery after 2011, or
  • anyone convicted as a delinquent minor for an offense that would have been a felony for an adult, or
  • a non-resident of Illinois who is not moving to Illinois.
  • those who have been officially found to have a mental disability (mental illness) or otherwise incapacitated as defined by one of the following rules:
  • someone who presents a clear and present danger to themselves or to others in terms of serious physical injury to himself, herself, or another person as determined by a physician, clinical psychologist, or other qualified examiner, or
  • someone who lacks the mental capacity to manage his or her own affairs or is adjudicated a person with a disability as defined in the Probate Act of 1975, or
  • someone who has been found not guilty in a criminal case by reason of insanity or mental disease or mentally impaired, or.
  • someone who has been found guilty but mentally ill, as provided in the Unified Code of Corrections, or
  • someone who has been found to be incompetent to stand trial in a criminal case, or
  • someone who has been found not guilty by reason of lack of mental responsibility under the Uniform Code of Military Justice, or
  • someone who has been found to be a sexually violent person under the Sexually Violent Persons Commitment Act, or
  • someone who has been found to be a sexually dangerous person under the Sexually Dangerous Persons Act, or
  • someone who has been found unfit to stand trial under the Juvenile Court Act of 1987, or
  • someone who has been found not guilty by reason of insanity under the Juvenile Court Act of 1987, or
  • someone who has been subject to involuntary admission as an inpatient as defined in the Mental Health and Developmental Disabilities Code.
  • someone who has been subject to involuntary admission as an outpatient as defined in the Mental Health and Developmental Disabilities Code.
  • someone who is subject to judicial admission as set forth in the Mental Health and Developmental Disabilities Code.         
  • someone who is subject to the provisions of the Interstate Agreements on Sexually Dangerous Persons Act.


How we can defend you against an FOID charges

  • We might demonstrate that you indeed did have an FOID card and produce it to the prosecutor or in court. 
  •  We can argue that it was a case of mistaken identity if the charge involves possessing a firearm, such as showing that the weapon was not physically on you).
  • We can dispute the facts and testimony of witnesses or officers for this charge by filing “motions to suppress” unreliable, improperly obtained, or other questionable evidence or testimony (especially if you were improperly questioned or were not made aware of your rights). 
  •  If the evidence or testimony is still admitted by the judge, we can argue at trial that the evidence or testimony is incorrect or fabricated against you and therefore should give the jurors a reasonable doubt.


This is where having an experienced attorney to represent you and negotiate and speak for you can save years of your life and large fines and/or foregone income. You deserve the best possible defense.


Other lawyers so often talk of how they will “aggressively fight for you.” They are doing nothing more than basically quoting from the American Bar Association’s Rules of Professional Conduct about the principle of a “lawyer's obligation zealously to protect and pursue a client's legitimate interests, within the bounds of the law.” When you hire Phillip Haddad as your criminal defense attorney in Chicago or elsewhere in its suburban area, he will not only do his professional duty to zealously represent you but will get you the justice you deserve. His extensive experience in criminal defense will help you avoid conviction or else minimize the penalties. Call criminal defense attorney Phillip Haddad at 708-833-3505 as soon as possible if you are in legal trouble.

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