Ill. Admin. Code tit. 20 § 3500.210

Current through Register Vol. 48, No. 49, December 6, 2024

Section 3500.210 - Requests within the Jurisdiction of the Department or Court

a) Any person whose FOID Card Application was denied or whose FOID Card was revoked but not seized for a firearm prohibitor where the disqualification is not permanent grounds for revocation under the Act, may reapply for a FOID Card once the firearms prohibitor has expired and need not initiate a Request for Relief and Reinstatement of Firearms Rights with the Board. For example, this includes persons previously denied or revoked pursuant to Section 8(e), 8(f), 8(k), or 8.2 of the Act where the prohibitor has expired.

1) Once the firearm prohibitor has expired, the individual may submit a new FOID Card application to the Department but must comply with Section 8 of the Act and 20 Ill. Adm. Code 1230.70.

2) Pursuant to Section 4 of the Act, the Department determines the eligibility of an applicant for a FOID Card.

b)Whenever an applicant or cardholder is not seeking relief from a firearms prohibition under Section 10(c) of the Act but rather does not believe the applicant is appropriately denied or revoked and is challenging the record upon which the decision to deny or revoke the Firearm Owner's Identification Card was based, or whenever the Department fails to act on an application within 30 days of its receipt, the applicant shall file such challenge with the Department. (Section 10(a-10) of the Act)

c) Any individual who receives a pardon, receives an expungement, or is granted relief by a court allowing for the restoration of firearms rights may reapply for a FOID Card and need not initiate a request for relief and reinstatement of firearms rights with the Board. Pursuant to Section 4 of the Act, the Department determines the eligibility of an applicant for a FOID Card.

d) Notwithstanding Section 3500.200, any individual, who due to multiple firearms prohibitors must also appeal to the circuit court in the county of the individual's residence for a hearing pursuant to Section 10 of the Act, may include in their appeal before the circuit court any firearms prohibitors that would otherwise bewithin the jurisdiction of the Board.

Ill. Admin. Code tit. 20, § 3500.210

Emergency rule added at 47 Ill. Reg. 6196, effective 4/17/2023, for a maximum of 150 days

Added at 47 Ill. Reg. 13469, effective 9/8/2023