Can I Own Firearms After a Criminal Conviction?

 Posted on June 19, 2023 in Criminal Law

Jail time is not the only penalty or consequence of a criminal conviction. You may feel other impacts in your life because you have a criminal record. One potential effect is the loss of your ability to own a firearm, depending on your type of conviction. An Illinois criminal defense attorney can advise of what may happen if you are convicted and your possible legal options. 

Forcible Felony Convictions Means the Loss of Gun Ownership Rights

In Illinois, each gun owner must have a valid Firearm Owner’s Identification card (FOID). Without a FOID, you cannot legally buy or own a gun. One of the rights that you lose as a result of a forcible felony conviction is your ability to own or buy a gun. When you are convicted of a felony, your FOID will be revoked. If you already have a gun, you will need to give it up to avoid weapons charges. You may be able to keep your firearms if the conviction was not forcible. 

There are very limited circumstances in which you can get a FOID or have your gun ownership rights restored. One of the main requirements is that 20 years have passed from the time of your forcible felony conviction. 

Other Convictions that Could Result in Your Loss of Firearms

While forcible felony convictions are the prime reason why you would lose the right to own a gun, there are other circumstances that could keep you from owning a firearm. Here are some other reasons why you could lose your FOID or not be able to obtain one:

• Certain types of felony drug convictions

• Any conviction within the last 5 years for battery or assault with a firearm

• Any misdemeanor charge, if you are under the age of 21

In addition, you would have your FOID revoked if you have been convicted of domestic battery or aggravated domestic battery in Illinois (or of a similar charge in another jurisdiction). Those who own a gun after a domestic battery conviction are violating a federal law, and they can receive harsh penalties. 

Contact a DuPage County Criminal Law Attorney Today

Before you make any decisions in your criminal case, you need advice from an experienced Wheaton criminal defense attorney. You can get a free consultation to discuss your case when you call the lawyers at Davi Law Group, LLC. We can be reached at 630-580-6373. 

Sources:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072500050K112A-3 

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