Can You Go to Jail for Having a Gun Without a FOID?

 Posted on February 11, 2025 in Criminal Defense

Individual states may pass their own laws that require permits or licenses to possess or purchase ammunition and firearms. Those living in Illinois must possess a valid Firearm Owner’s Identification card to purchase or own a gun or ammunition. Possession of a weapon without a FOID card can result in weapons charges and serious penalties if convicted. If you have been charged with Possession of a weapon without a FOID card, you should speak to a knowledgeable Barrington, IL criminal defense lawyer.

What You Need to Know About FOID Cards

A person who wants to possess firearms and ammunition lawfully must have a Firearm Owners Identification Card issued by the Illinois State Police. Federal officials, members of a bona fide veteran’s organization, and members of the National Guard or Armed Forces (when engaged in official duties) are exempt from FOID requirements.

Hunters who are not residents of the state, those attending a firearm show or shooting range who are not residents of the state, and those who are transporting an unloaded firearm in an enclosed case who are not residents of Illinois are also exempt from the FOID requirements. Those who apply for a FOID card must meet the following requirements:

• The applicant must be at least 21 years old or have a sponsor (parent or guardian) who meets eligibility requirements.
• The applicant must have no prohibitions regarding possessing a firearm under federal or state law.
• The applicant must have no prior domestic violence or felony convictions.
• The applicant must have no drug addiction and no admission to a mental health facility within the past five years.
• The applicant must be a U.S. citizen or a non-citizen who is lawfully present in the U.S.
• The applicant must be an Illinois resident.
• The applicant must not have a mental condition that poses a threat to himself or herself or to others.

FOID cards remain valid for ten years, at which point the holder may request renewal. Those who submit a complete set of fingerprints to the Illinois State Police as part of their application for a FOID will have their card automatically renewed.

What Are the Penalties for Possessing a Firearm in the State Without a FOID Card?

Those who are found in possession of a firearm and do not have a FOID card can face criminal charges. Depending on the circumstances, these charges can be misdemeanors or felony charges. Possession of a firearm without a FOID card can result in a Class 1, Class 2, Class 3, or Class 4 felony or a Class A misdemeanor. Penalties can range from up to 364 days in jail to up to 15 years in prison.

Are There Defenses to Possessing a Firearm Without a FOID Card?

While the specific defense will depend on the facts and circumstances surrounding the offense, some defenses are more commonly used when a person is charged with possessing a firearm without a FOID card. An attorney can argue that the defendant was unaware he or she was in possession of a firearm or that the gun was not legally in the defendant’s possession. It could also be argued that the defendant’s rights were violated during the arrest or that there was no probable cause to search a vehicle, residence, or person, so the firearm was not legally discovered.  

Contact a Lake County, IL Weapons Crimes Lawyer

If you have been charged with a weapons crime, you need immediate, experienced legal assistance from a Lake Zurich, IL weapons crimes attorney from The Law Offices of Matthew R. Gebhardt, P.C.. Attorney Gebhardt has worked as a prosecutor for the Cook County State’s Attorney’s Office and has broad experience in all facets of criminal law. Call 847-239-4703 to schedule your free consultation.