In the U.S. state of Illinois, residents must possess a FOID card, or Firearm Owners Identification card, in order to legally possess or purchase firearms or ammunition in the state. The applicable law has been in effect since 1968, but has been subject to several subsequent amendments.
Background
The FOID card is issued by the Illinois State Police, with the application being submitted either online or via a paper application process. Police first perform a check of the applicant on the National Instant Criminal Background Check System, an electronic database maintained by the FBI. Grounds for disqualification include a conviction for a felony or for an act of domestic violence, a conviction for assault or battery within the last five years, or being the subject of an order of protection. The police also check an Illinois Department of Human Services database, to disqualify any applicant who has been adjudicated as a mental defective, or who has been a patient of a mental institution within the last five years. Mental health professionals are required to inform state authorities about patients who display violent, suicidal or threatening behavior, for inclusion in the Human Services database. The police may also check other sources of information. There are additional requirements for applicants under the age of 21. A FOID card legally must be granted within 30 days from the date the application is received, unless the applicant does not qualify. However, by January 2006, the backlog had increased and the State Police were taking as long as 50 days, in violation of the law, to issue or deny the FOID. By March 2013 the delay was often at least 60 days. By March 2020 this had increased to more than 90 days. Cards issued on or after June 1, 2008 are valid for ten years; cards issued prior to June 1, 2008 were valid for five years. The application fee for the card is ten dollars. The FOID card will be revoked before its expiration if the individual becomes disqualified as described above. Illinois law requires that, when a firearm is sold by a Federal Firearms License holder, or at a gun show, the seller perform a dial-up inquiry to the State Police to verify that the buyer's FOID card is valid. This additional check is known as the Firearm Transfer Inquiry Program. At the time of the inquiry, the police perform an automated search of several criminal and mental health databases, including the federal NICS database. For private sales not at a gun show, the seller must also verify the buyer's FOID card with the state police, and receive a transfer approval number, either via a web site or with a phone call.
Rulings
In 2011, in the case of People v. Holmes, the Illinois Supreme Court ruled that non-Illinois residents who are permitted to possess a firearm in their home state are not required to have an Illinois FOID card when in possession of firearms or ammunition in Illinois. On February 14, 2018, in a ruling that applies only to the defendant, a circuit court in Illinois found that the requirement to obtain a FOID in order to acquire or possess a firearm is unconstitutional. The court ruled that "to require the defendant to fill out a form, provide a picture ID and pay a $10 fee to obtain a FOID card before she can exercise her constitutional right to self-defense with a firearm is a violation of the Second Amendment... and a violation of Article I, Section 22, of the Constitution of the State of Illinois." After the state requested reconsideration, the court ruled on October 16, 2018 that, in addition to reaffirming its previous ruling, the requirement to physically possess a FOID while in possession of a firearm is also unconstitutional. The case, People v. Brown, was appealed to the Illinois Supreme Court. On April 2, 2020, the court overturned the lower court's ruling.
