430 ILCS 65/5

Application and renewal

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(430 ILCS 65/5) (from Ch. 38, par. 83-5)
    (Text of Section before amendment by P.A. 104-131)
    Sec. 5. Application and renewal.
    (a) The Illinois State Police shall either approve or deny all applications within 30 days from the date they are received, except as provided in subsections (b) and (c), and every applicant found qualified under Section 8 of this Act by the Illinois State Police shall be entitled to a Firearm Owner's Identification Card upon the payment of a $10 fee and applicable processing fees. The processing fees shall be limited to charges by the State Treasurer for using the electronic online payment system. Any applicant who is an active duty member of the Armed Forces of the United States, a member of the Illinois National Guard, or a member of the Reserve Forces of the United States is exempt from the application fee. $5 of each fee derived from the issuance of a Firearm Owner's Identification Card or renewals thereof shall be deposited in the State Police Firearm Services Fund and $5 into the State Police Firearm Enforcement Fund.
    (b) Renewal applications shall be approved or denied within 60 business days, provided the applicant submitted his or her renewal application prior to the expiration of his or her Firearm Owner's Identification Card. If a renewal application has been submitted prior to the expiration date of the applicant's Firearm Owner's Identification Card, the Firearm Owner's Identification Card shall remain valid while the Illinois State Police processes the application, unless the person is subject to or becomes subject to revocation under this Act. The cost for a renewal application shall be $10 and may include applicable processing fees, which shall be limited to charges by the State Treasurer for using the electronic online payment system, which shall be deposited into the State Police Firearm Services Fund.
    (c) If the Firearm Owner's Identification Card of a licensee under the Firearm Concealed Carry Act expires during the term of the licensee's concealed carry license, the Firearm Owner's Identification Card and the license remain valid and the licensee does not have to renew his or her Firearm Owner's Identification Card during the duration of the concealed carry license. Unless the Illinois State Police has reason to believe the licensee is no longer eligible for the card, the Illinois State Police may automatically renew the licensee's Firearm Owner's Identification Card and send a renewed Firearm Owner's Identification Card to the licensee.
    (d) The Illinois State Police may adopt rules concerning the use of voluntarily submitted fingerprints, as allowed by State and federal law.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-609, eff. 7-1-24.)
 
    (Text of Section after amendment by P.A. 104-131)
    Sec. 5. Application and renewal.
    (a) The Illinois State Police shall either approve or deny all applications within 30 days from the date they are received, except as provided in subsections (b) and (c), and every applicant found qualified under Section 8 of this Act by the Illinois State Police shall be entitled to a Firearm Owner's Identification Card upon the payment of a $10 fee and applicable processing fees. The processing fees shall be limited to charges by the State Treasurer for using the electronic online payment system. Any applicant who is an active duty member of the Armed Forces of the United States, a member of the Illinois National Guard, or a member of the Reserve Forces of the United States is exempt from the application fee. $10 of each fee derived from the issuance of a Firearm Owner's Identification Card or renewals thereof shall be deposited in the State Police Firearm Services Fund.
    (b) Renewal applications shall be approved or denied within 60 business days, provided the applicant submitted his or her renewal application prior to the expiration of his or her Firearm Owner's Identification Card. If a renewal application has been submitted prior to the expiration date of the applicant's Firearm Owner's Identification Card, the Firearm Owner's Identification Card shall remain valid while the Illinois State Police processes the application, unless the person is subject to or becomes subject to revocation under this Act. The cost for a renewal application shall be $10 and may include applicable processing fees, which shall be limited to charges by the State Treasurer for using the electronic online payment system, which shall be deposited into the State Police Firearm Services Fund.
    (c) If the Firearm Owner's Identification Card of a licensee under the Firearm Concealed Carry Act expires during the term of the licensee's concealed carry license, the Firearm Owner's Identification Card and the license remain valid and the licensee does not have to renew his or her Firearm Owner's Identification Card during the duration of the concealed carry license. Unless the Illinois State Police has reason to believe the licensee is no longer eligible for the card, the Illinois State Police may automatically renew the licensee's Firearm Owner's Identification Card and send a renewed Firearm Owner's Identification Card to the licensee.
    (d) The Illinois State Police may adopt rules concerning the use of voluntarily submitted fingerprints, as allowed by State and federal law.
(Source: P.A. 103-609, eff. 7-1-24; 104-131, eff. 9-1-26.)

    
Notes of Decisions
Cited in 20 cases (10 in the last 5 years), 2007–2025 · leading case: Guns Save Life, Inc. v. Raoul
Guns Save Life, Inc. v. Raoul (2020) illappct · cites it 3× “430 ILCS 65/5 (West 2018). In addition, if they change addresses or names—or the card is lost, destroyed, or stolen—they must notify the Illinois State Police and pay $5 for a new card.”
People v. Burns (2024) illappct “430 ILCS 65/5(a) (West 2022). ¶ 35 The AUUW statute incorporates the requirements of the FOID Card Act and Concealed Carry Act by criminalizing noncompliance.”
People v. Gunn (2023) illappct “430 ILCS 65/5 (West 2020). In contrast 6 1-22-1032 to the New York regulations, the state of Illinois does not have discretion to deny an applicant based on requirements or factors not explicitly set forth in the statute.”
People v. Mosley (2015) ill “State, 2013 IL 113867 , ¶ 58 (citing 430 ILCS 65/5, 8, 10 (West 2010)). Minors aged 18 to 20, and even younger, have an opportunity to obtain a FOID card by supplying a parental signature.”
Coram v. The State of Illinois (2013) ill · cites it 2× “That policy is reflected in the provisions of Illinois’ FOID Card Act (see 430 ILCS 65/5, 8, 10 (West 2010)), which mandates individual assessment of a person’s application and circumstances by the Department of State Police in the first instance, and individualized judicial…”
People v. West (2017) illappct “430 ILCS 65/5, 8, 10 (West 2012). Simply put, West claims that only the possession of a firearm without a FOID card is illegal under Illinois law, but the AHC statute criminalizes possession of firearm by a repeat felon even if he possesses a valid FOID card.”
People v. Smith (2023) illappct · cites it 4× “” 430 ILCS 65/5(a) (West 2020). ¶ 14 The FOID card application process constitutes a shall-issue licensing regime, which Bruen did not find unconstitutional.”
Coram v. State of Illinois (2013) ill · cites it 2× “That policy is reflected in the provisions of Illinois’ FOID Card Act (see 430 ILCS 65/5, 8, 10 (West 2010)), which mandates individual assessment of a person’s application and circumstances by the Department of State Police in the first instance, and individualized judicial…”
People v. Mosley (2015) ill “State, 2013 IL 113867 , ¶ 58 (citing 430 ILCS 65/5, 8, 10 (West 2010)). Minors aged 18 to 20, and even younger, have an opportunity to obtain a FOID card by supplying a parental signature.”
People v. West (2017) illappct “430 ILCS 65/5, 8, 10 ( <a href="/opinion/4339086/people-v-west/#2012" aria-description="Citation for case: People v.”
Hanson v. De Kalb County State's Attorney's Office (2009) illappct “See also 430 ILCS 65/5 (West 2006) (referring to section 8 as setting out the ‘‘qualifications]’’ for FOID card entitlement).”
Braglia v. McHenry County State's Attorney's Office (2007) illappct “Section 5 of the Act (430 ILCS 65/5 (West 2004)) provides that the Department shall issue a FOID card to every applicant found qualified under section 8 of the Act (430 ILCS 65/8 (West 2004)).”
— 430 ILCS 65/5(a) — 4 cases
People v. Burns (2024) illappct “430 ILCS 65/5(a) (West 2022). ¶ 35 The AUUW statute incorporates the requirements of the FOID Card Act and Concealed Carry Act by criminalizing noncompliance.”
Guns Save Life, Inc. v. Raoul (2020) illappct “430 ILCS 65/5 (West 2018). In addition, if they change addresses or names—or the card is lost, destroyed, or stolen—they must notify the Illinois State Police and pay $5 for a new card.”
People v. Smith (2023) illappct “” 430 ILCS 65/5(a) (West 2020). ¶ 14 The FOID card application process constitutes a shall-issue licensing regime, which Bruen did not find unconstitutional.”
People v. Nelson (2024) illappct
— 430 ILCS 65/5(b) — 1 case
Guns Save Life, Inc. v. Raoul (2020) illappct “430 ILCS 65/5 (West 2018). In addition, if they change addresses or names—or the card is lost, destroyed, or stolen—they must notify the Illinois State Police and pay $5 for a new card.”
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