ILCS » Chapter 430 · Act 65
Illinois Compiled Statutes

430 ILCS 65/2 (2026)

Firearm Owner's Identification Card required; exceptions

✓ current as of May 2026
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(430 ILCS 65/2) (from Ch. 38, par. 83-2)
    Sec. 2. Firearm Owner's Identification Card required; exceptions.
    (a) (1) No person may acquire or possess any firearm, stun gun, or taser within this State without having in his or her possession a Firearm Owner's Identification Card previously issued in his or her name by the Illinois State Police under the provisions of this Act.
    (2) No person may acquire or possess firearm ammunition within this State without having in his or her possession a Firearm Owner's Identification Card previously issued in his or her name by the Illinois State Police under the provisions of this Act.
    (b) The provisions of this Section regarding the possession of firearms, firearm ammunition, stun guns, and tasers do not apply to:
        (1) United States Marshals, while engaged in the
    
operation of their official duties;
        (2) Members of the Armed Forces of the United States
    
or the National Guard, while engaged in the operation of their official duties;
        (3) Federal officials required to carry firearms,
    
while engaged in the operation of their official duties;
        (4) Members of bona fide veterans organizations which
    
receive firearms directly from the armed forces of the United States, while using the firearms for ceremonial purposes with blank ammunition;
        (5) Nonresident hunters during hunting season, with
    
valid nonresident hunting licenses and while in an area where hunting is permitted; however, at all other times and in all other places these persons must have their firearms unloaded and enclosed in a case;
        (6) Those hunters exempt from obtaining a hunting
    
license who are required to submit their Firearm Owner's Identification Card when hunting on Department of Natural Resources owned or managed sites;
        (7) Nonresidents while on a firing or shooting range
    
recognized by the Illinois State Police; however, these persons must at all other times and in all other places have their firearms unloaded and enclosed in a case;
        (8) Nonresidents while at a firearm showing or
    
display recognized by the Illinois State Police; however, at all other times and in all other places these persons must have their firearms unloaded and enclosed in a case;
        (9) Nonresidents whose firearms are unloaded and
    
enclosed in a case;
        (10) Nonresidents who are currently licensed or
    
registered to possess a firearm in their resident state;
        (11) Unemancipated minors while in the custody and
    
immediate control of their parent or legal guardian or other person in loco parentis to the minor if the parent or legal guardian or other person in loco parentis to the minor has a currently valid Firearm Owner's Identification Card;
        (12) Color guards of bona fide veterans organizations
    
or members of bona fide American Legion bands while using firearms for ceremonial purposes with blank ammunition;
        (13) Nonresident hunters whose state of residence
    
does not require them to be licensed or registered to possess a firearm and only during hunting season, with valid hunting licenses, while accompanied by, and using a firearm owned by, a person who possesses a valid Firearm Owner's Identification Card and while in an area within a commercial club licensed under the Wildlife Code where hunting is permitted and controlled, but in no instance upon sites owned or managed by the Department of Natural Resources;
        (14) Resident hunters who are properly authorized to
    
hunt and, while accompanied by a person who possesses a valid Firearm Owner's Identification Card, hunt in an area within a commercial club licensed under the Wildlife Code where hunting is permitted and controlled; and
        (15) A person who is otherwise eligible to obtain a
    
Firearm Owner's Identification Card under this Act and is under the direct supervision of a holder of a Firearm Owner's Identification Card who is 21 years of age or older while the person is on a firing or shooting range or is a participant in a firearms safety and training course recognized by a law enforcement agency or a national, statewide shooting sports organization.
    (c) The provisions of this Section regarding the acquisition and possession of firearms, firearm ammunition, stun guns, and tasers do not apply to law enforcement officials of this or any other jurisdiction, while engaged in the operation of their official duties.
    (c-5) The provisions of paragraphs (1) and (2) of subsection (a) of this Section regarding the possession of firearms and firearm ammunition do not apply to the holder of a valid concealed carry license issued under the Firearm Concealed Carry Act who is in physical possession of the concealed carry license.
    (d) Any person who becomes a resident of this State, who is not otherwise prohibited from obtaining, possessing, or using a firearm or firearm ammunition, shall not be required to have a Firearm Owner's Identification Card to possess firearms or firearms ammunition until 60 calendar days after he or she obtains an Illinois driver's license or Illinois Identification Card.
(Source: P.A. 102-538, eff. 8-20-21; 102-1116, eff. 1-10-23.)

    
Notes of Decisions
Cited in 245 cases (122 in the last 5 years), 1993–2026 · leading case: People v. Brown, 2020 IL 124100 (Ill. 2020).
Sort: Relevance Newest Treatment
People v. Brown, 2020 IL 124100 (Ill. 2020). · cites it 14× “OPINION ¶1 Defendant, Vivian Brown, was charged by information with possessing a firearm without a Firearm Owners Identification (FOID) card in violation of section 2(a)(1) of the Illinois Firearm Owners Identification Card Act (FOID Card Act) (430 ILCS 65/2(a)(1) (West 2016)).…”
People v. Holmes, 948 N.E.2d 617 (Ill. 2011). · cites it 18× “]" 430 ILCS 65/2 (West 2004). The appellate court rejected this contention.”
People v. Wiggins, 2016 IL App (1st) 153163 (Ill. App. Ct. 2016). · cites it 12× “” See 430 ILCS 65/2(b)(10) (West 2012). He further argues that, if he does not fit within this exception to the FOID-card requirement, the statute under which he was convicted violated the Second Amendment to the United States Constitution.”
Kevin Culp v. Kwame Raoul, 921 F.3d 646 (7th Cir. 2019). · cites it 8× “01 to 65/16-3, allows out-of-state res- idents who are authorized to possess a firearm in their home state to do the same in Illinois while on their own premises or in the home of an Illinois resident with permission, see 430 ILCS 65/2(b)(10), while hunting, see 430 ILCS…”
People v. Brooks, 2023 IL App (1st) 200435 (Ill. App. Ct. 2023). · cites it 2× “In addition, the defendant was charged with one count of violating the Firearm Owners Identification Card Act (FOID Card Act) (430 ILCS 65/2(a)(1) (West 2016)) for failing to have in his possession a firearm owners identification (FOID) card while possessing the .”
Mishaga v. Schmitz, 136 F. Supp. 3d 981 (C.D. Ill. 2015). · cites it 12× “(430 ILCS 65/2; see Defs.’ Mot. Summ. J., d/e 20, at 3; PL’s Mot.”
People v. Davis, 687 N.E.2d 24 (Ill. 1997). · cites it 4× “430 ILCS 65/2 (West 1994). The defendant's felony status is not an element of the Firearm Owners Identification Card Act offense, but is only a factor relevant to sentencing.”
People v. Wiggins, 2016 IL App (1st) 153163 (Ill. App. Ct. 2017). · cites it 12× “” See 430 ILCS 65/2(b)(10) (West 2012). He further argues that, if he does not fit within this exception to the FOID card requirement, the statute under which he was convicted violated the second amendment to the United States Constitution.”
People v. Hatcher, 2024 IL App (1st) 220455 (Ill. App. Ct. 2024). · cites it 2× “” 430 ILCS 65/2(a)(1) ( West 2018 ). The State Police may deny an application for a FOID card if the applicant is under 21 and does not have the written consent of his or her parent or guardian.”
People v. Carter, 821 N.E.2d 233 (Ill. 2004). · cites it 2× “Defendant was also found guilty under section 2(a)(1) of the Firearm Owners Identification Card Act (430 ILCS 65/2(a)(l) (West 1996)) of possession of a firearm without a valid firearm owner’s identification (FOID) card.”
People v. Carter, 801 N.E.2d 1163 (Ill. App. Ct. 2003). · cites it 4× “1 (West 1996)) and one count of possession of a firearm without a valid firearm owner's identification (FOID) card (430 ILCS 65/2(a)(1) (West 1996)). The trial court sentenced the defendant to five years' imprisonment for each offense, the sentences to run concurrently.”
Culp v. Madigan, 270 F. Supp. 3d 1038 (C.D. Ill. 2017). · cites it 6× “as the Illinois State Police or the ISP) (430 ILCS 65/2(8)); and nonresidents whose firearms are unloaded and enclosed in a case (430 ILCS 65/2(9)).”
Show all 245 citing cases →
— 430 ILCS 65/2(2) — 1 case
Donald A. v. Carly R., 2025 IL App (2d) 240556-U (Ill. App. Ct. 2025).
— 430 ILCS 65/2(8) — 1 case
Culp v. Madigan, 270 F. Supp. 3d 1038 (C.D. Ill. 2017). “as the Illinois State Police or the ISP) (430 ILCS 65/2(8)); and nonresidents whose firearms are unloaded and enclosed in a case (430 ILCS 65/2(9)).”
— 430 ILCS 65/2(9) — 1 case
Culp v. Madigan, 270 F. Supp. 3d 1038 (C.D. Ill. 2017). “as the Illinois State Police or the ISP) (430 ILCS 65/2(8)); and nonresidents whose firearms are unloaded and enclosed in a case (430 ILCS 65/2(9)).”
— 430 ILCS 65/2(a) — 21 cases
People v. Gunn, 2023 IL App (1st) 221032 (Ill. App. Ct. 2023).
Kevin Culp v. Lisa Madigan, 840 F.3d 400 (7th Cir. 2016).
People v. Drake, 683 N.E.2d 1215 (Ill. App. Ct. 1997).
Culp v. Madigan, 270 F. Supp. 3d 1038 (C.D. Ill. 2017). “as the Illinois State Police or the ISP) (430 ILCS 65/2(8)); and nonresidents whose firearms are unloaded and enclosed in a case (430 ILCS 65/2(9)).”
Easterday v. Vill. of Deerfield, 2020 IL App (2d) 190879 (Ill. App. Ct. 2020).
— 430 ILCS 65/2(a)(1) — 164 cases
People v. Brown, 2020 IL 124100 (Ill. 2020). “OPINION ¶1 Defendant, Vivian Brown, was charged by information with possessing a firearm without a Firearm Owners Identification (FOID) card in violation of section 2(a)(1) of the Illinois Firearm Owners Identification Card Act (FOID Card Act) (430 ILCS 65/2(a)(1) (West 2016)).…”
People v. Brooks, 2023 IL App (1st) 200435 (Ill. App. Ct. 2023). “In addition, the defendant was charged with one count of violating the Firearm Owners Identification Card Act (FOID Card Act) (430 ILCS 65/2(a)(1) (West 2016)) for failing to have in his possession a firearm owners identification (FOID) card while possessing the .”
People v. Hatcher, 2024 IL App (1st) 220455 (Ill. App. Ct. 2024). “” 430 ILCS 65/2(a)(1) ( West 2018 ). The State Police may deny an application for a FOID card if the applicant is under 21 and does not have the written consent of his or her parent or guardian.”
People v. Gayden, 2020 IL 123505 (Ill. 2020).
People v. Echols, 2024 IL App (2d) 220281-U (Ill. App. Ct. 2024).
— 430 ILCS 65/2(a)(2) — 23 cases
Marcus Muhammad v. Del Pearson, 900 F.3d 898 (7th Cir. 2018).
People v. Colyar, 941 N.E.2d 479 (Ill. App. Ct. 2010).
People v. Sanchez, 912 N.E.2d 361 (Ill. App. Ct. 2009).
People v. Mabry, 710 N.E.2d 454 (Ill. App. Ct. 1999).
People v. Sotelo, 968 N.E.2d 687 (Ill. App. Ct. 2012).
— 430 ILCS 65/2(a)(5) — 2 cases
People v. Holmes, 948 N.E.2d 617 (Ill. 2011). “]" 430 ILCS 65/2 (West 2004). The appellate court rejected this contention.”
People v. Holmes (Ill. 2011).
— 430 ILCS 65/2(a)(7) — 2 cases
People v. Holmes, 948 N.E.2d 617 (Ill. 2011). “]" 430 ILCS 65/2 (West 2004). The appellate court rejected this contention.”
People v. Holmes (Ill. 2011).
— 430 ILCS 65/2(a)(9) — 2 cases
People v. Holmes, 948 N.E.2d 617 (Ill. 2011). “]" 430 ILCS 65/2 (West 2004). The appellate court rejected this contention.”
People v. Holmes (Ill. 2011).
— 430 ILCS 65/2(a)(l) — 23 cases
People v. Carter, 821 N.E.2d 233 (Ill. 2004). “Defendant was also found guilty under section 2(a)(1) of the Firearm Owners Identification Card Act (430 ILCS 65/2(a)(l) (West 1996)) of possession of a firearm without a valid firearm owner’s identification (FOID) card.”
People v. Sharpe, 839 N.E.2d 492 (Ill. 2005).
People v. Carter, 801 N.E.2d 1163 (Ill. App. Ct. 2003). “1 (West 1996)) and one count of possession of a firearm without a valid firearm owner's identification (FOID) card (430 ILCS 65/2(a)(1) (West 1996)). The trial court sentenced the defendant to five years' imprisonment for each offense, the sentences to run concurrently.”
People v. Brown, 723 N.E.2d 362 (Ill. App. Ct. 1999).
People v. Davis, 687 N.E.2d 24 (Ill. 1997). “430 ILCS 65/2 (West 1994). The defendant's felony status is not an element of the Firearm Owners Identification Card Act offense, but is only a factor relevant to sentencing.”
— 430 ILCS 65/2(b) — 2 cases
People v. Holmes, 948 N.E.2d 617 (Ill. 2011). “]" 430 ILCS 65/2 (West 2004). The appellate court rejected this contention.”
Mishaga v. Schmitz, 136 F. Supp. 3d 981 (C.D. Ill. 2015). “(430 ILCS 65/2; see Defs.’ Mot. Summ. J., d/e 20, at 3; PL’s Mot.”
— 430 ILCS 65/2(b)(1) — 2 cases
People v. Holmes, 948 N.E.2d 617 (Ill. 2011). “]" 430 ILCS 65/2 (West 2004). The appellate court rejected this contention.”
People v. Holmes (Ill. 2011).
— 430 ILCS 65/2(b)(10) — 11 cases
People v. Wiggins, 2016 IL App (1st) 153163 (Ill. App. Ct. 2016). “” See 430 ILCS 65/2(b)(10) (West 2012). He further argues that, if he does not fit within this exception to the FOID-card requirement, the statute under which he was convicted violated the Second Amendment to the United States Constitution.”
People v. Wiggins, 2016 IL App (1st) 153163 (Ill. App. Ct. 2017). “” See 430 ILCS 65/2(b)(10) (West 2012). He further argues that, if he does not fit within this exception to the FOID card requirement, the statute under which he was convicted violated the second amendment to the United States Constitution.”
Mishaga v. Schmitz, 136 F. Supp. 3d 981 (C.D. Ill. 2015). “(430 ILCS 65/2; see Defs.’ Mot. Summ. J., d/e 20, at 3; PL’s Mot.”
Kevin Culp v. Kwame Raoul, 921 F.3d 646 (7th Cir. 2019). “01 to 65/16-3, allows out-of-state res- idents who are authorized to possess a firearm in their home state to do the same in Illinois while on their own premises or in the home of an Illinois resident with permission, see 430 ILCS 65/2(b)(10), while hunting, see 430 ILCS…”
People v. Holmes, 948 N.E.2d 617 (Ill. 2011). “]" 430 ILCS 65/2 (West 2004). The appellate court rejected this contention.”
— 430 ILCS 65/2(b)(13) — 3 cases
Mishaga v. Schmitz, 136 F. Supp. 3d 981 (C.D. Ill. 2015). “(430 ILCS 65/2; see Defs.’ Mot. Summ. J., d/e 20, at 3; PL’s Mot.”
People v. Wiggins, 2016 IL App (1st) 153163 (Ill. App. Ct. 2016). “” See 430 ILCS 65/2(b)(10) (West 2012). He further argues that, if he does not fit within this exception to the FOID-card requirement, the statute under which he was convicted violated the Second Amendment to the United States Constitution.”
People v. Wiggins, 2016 IL App (1st) 153163 (Ill. App. Ct. 2017). “” See 430 ILCS 65/2(b)(10) (West 2012). He further argues that, if he does not fit within this exception to the FOID card requirement, the statute under which he was convicted violated the second amendment to the United States Constitution.”
— 430 ILCS 65/2(b)(5) — 9 cases
People v. Holmes, 948 N.E.2d 617 (Ill. 2011). “]" 430 ILCS 65/2 (West 2004). The appellate court rejected this contention.”
Kevin Culp v. Kwame Raoul, 921 F.3d 646 (7th Cir. 2019). “01 to 65/16-3, allows out-of-state res- idents who are authorized to possess a firearm in their home state to do the same in Illinois while on their own premises or in the home of an Illinois resident with permission, see 430 ILCS 65/2(b)(10), while hunting, see 430 ILCS…”
People v. Wiggins, 2016 IL App (1st) 153163 (Ill. App. Ct. 2016). “” See 430 ILCS 65/2(b)(10) (West 2012). He further argues that, if he does not fit within this exception to the FOID-card requirement, the statute under which he was convicted violated the Second Amendment to the United States Constitution.”
Mishaga v. Schmitz, 136 F. Supp. 3d 981 (C.D. Ill. 2015). “(430 ILCS 65/2; see Defs.’ Mot. Summ. J., d/e 20, at 3; PL’s Mot.”
People v. Wiggins, 2016 IL App (1st) 153163 (Ill. App. Ct. 2017). “” See 430 ILCS 65/2(b)(10) (West 2012). He further argues that, if he does not fit within this exception to the FOID card requirement, the statute under which he was convicted violated the second amendment to the United States Constitution.”
— 430 ILCS 65/2(b)(7) — 4 cases
Kevin Culp v. Kwame Raoul, 921 F.3d 646 (7th Cir. 2019). “01 to 65/16-3, allows out-of-state res- idents who are authorized to possess a firearm in their home state to do the same in Illinois while on their own premises or in the home of an Illinois resident with permission, see 430 ILCS 65/2(b)(10), while hunting, see 430 ILCS…”
People v. Holmes, 948 N.E.2d 617 (Ill. 2011). “]" 430 ILCS 65/2 (West 2004). The appellate court rejected this contention.”
Culp v. Madigan, 270 F. Supp. 3d 1038 (C.D. Ill. 2017). “as the Illinois State Police or the ISP) (430 ILCS 65/2(8)); and nonresidents whose firearms are unloaded and enclosed in a case (430 ILCS 65/2(9)).”
Kevin Culp v. Kwame Raoul (7th Cir. 2019).
— 430 ILCS 65/2(b)(9) — 4 cases
Kevin Culp v. Kwame Raoul, 921 F.3d 646 (7th Cir. 2019). “01 to 65/16-3, allows out-of-state res- idents who are authorized to possess a firearm in their home state to do the same in Illinois while on their own premises or in the home of an Illinois resident with permission, see 430 ILCS 65/2(b)(10), while hunting, see 430 ILCS…”
People v. Holmes, 948 N.E.2d 617 (Ill. 2011). “]" 430 ILCS 65/2 (West 2004). The appellate court rejected this contention.”
Kevin Culp v. Kwame Raoul (7th Cir. 2019).
People v. Fedrick, 2025 IL App (5th) 230212-U (Ill. App. Ct. 2025).
— 430 ILCS 65/2(b)(l) — 1 case
People v. Holmes, 948 N.E.2d 617 (Ill. 2011). “]" 430 ILCS 65/2 (West 2004). The appellate court rejected this contention.”
— 430 ILCS 65/2(c) — 2 cases
People v. Holmes, 948 N.E.2d 617 (Ill. 2011). “]" 430 ILCS 65/2 (West 2004). The appellate court rejected this contention.”
People v. Holmes (Ill. 2011).
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