Ill. Admin. Code tit. 20 § 1230.50

Current through Register Vol. 48, No. 45, November 8, 2024

Section 1230.50 - Return of FOID Card - Applicant

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.

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 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.

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