Illinois Compiled Statutes
430 ILCS 65/8 (2026)
Grounds for denial and revocation
✓ current as of May 2026
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(430 ILCS 65/8)
(from Ch. 38, par. 83-8) (Text of Section from P.A. 104-31) Sec. 8. Grounds for denial and revocation. The Illinois State Police has authority to deny an application for or to revoke and seize a Firearm Owner's Identification Card previously issued under this Act only if the Illinois State Police finds that the applicant or the person to whom such card was issued is or was at the time of issuance: (a) A person under 21 years of age who has been | convicted of a misdemeanor other than a traffic offense or adjudged delinquent; |
(b) This subsection (b) applies through the 180th day | following July 12, 2019 (the effective date of Public Act 101-80). A person under 21 years of age who does not have the written consent of his parent or guardian to acquire and possess firearms and firearm ammunition, or whose parent or guardian has revoked such written consent, or where such parent or guardian does not qualify to have a Firearm Owner's Identification Card; |
(b-5) This subsection (b-5) applies on and after the | 181st day following July 12, 2019 (the effective date of Public Act 101-80). A person under 21 years of age who is not an active duty member of the United States Armed Forces or the Illinois National Guard and does not have the written consent of his or her parent or guardian to acquire and possess firearms and firearm ammunition, or whose parent or guardian has revoked such written consent, or where such parent or guardian does not qualify to have a Firearm Owner's Identification Card; |
(c) A person convicted of a felony under the laws of | this or any other jurisdiction; |
(d) A person addicted to narcotics; (e) A person who has been a patient of a mental | health facility within the past 5 years or a person who has been a patient in a mental health facility more than 5 years ago who has not received the certification required under subsection (u) of this Section. An active law enforcement officer employed by a unit of government or a Department of Corrections employee authorized to possess firearms who is denied, revoked, or has his or her Firearm Owner's Identification Card seized under this subsection (e) may obtain relief as described in subsection (c-5) of Section 10 of this Act if the officer or employee did not act in a manner threatening to the officer or employee, another person, or the public as determined by the treating clinical psychologist or physician, and the officer or employee seeks mental health treatment; |
(f) A person whose mental condition is of such a | nature that it poses a clear and present danger to the applicant, any other person or persons, or the community; |
(g) A person who has an intellectual disability; (h) A person who intentionally makes a false | statement in the Firearm Owner's Identification Card application or endorsement affidavit; |
(i) A noncitizen who is unlawfully present in the | United States under the laws of the United States; |
(i-5) A noncitizen who has been admitted to the | United States under a non-immigrant visa (as that term is defined in Section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26))), except that this subsection (i-5) does not apply to any noncitizen who has been lawfully admitted to the United States under a non-immigrant visa if that noncitizen is: |
(1) admitted to the United States for lawful | hunting or sporting purposes; |
(2) an official representative of a foreign | government who is: |
(A) accredited to the United States | Government or the Government's mission to an international organization having its headquarters in the United States; or |
(B) en route to or from another country to | which that noncitizen is accredited; |
(3) an official of a foreign government or | distinguished foreign visitor who has been so designated by the Department of State; |
(4) a foreign law enforcement officer of a | friendly foreign government entering the United States on official business; or |
(5) one who has received a waiver from the | Attorney General of the United States pursuant to 18 U.S.C. 922(y)(3); |
(j) (Blank); (k) A person who has been convicted within the past 5 | years of battery, assault, aggravated assault, violation of an order of protection, or a substantially similar offense in another jurisdiction, in which a firearm was used or possessed; |
(l) A person who has been convicted of domestic | battery, aggravated domestic battery, or a substantially similar offense in another jurisdiction committed before, on or after January 1, 2012 (the effective date of Public Act 97-158). If the applicant or person who has been previously issued a Firearm Owner's Identification Card under this Act knowingly and intelligently waives the right to have an offense described in this paragraph (l) tried by a jury, and by guilty plea or otherwise, results in a conviction for an offense in which a domestic relationship is not a required element of the offense but in which a determination of the applicability of 18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of the Code of Criminal Procedure of 1963, an entry by the court of a judgment of conviction for that offense shall be grounds for denying an application for and for revoking and seizing a Firearm Owner's Identification Card previously issued to the person under this Act; |
(m) (Blank); (n) A person who is prohibited from acquiring or | possessing firearms or firearm ammunition by any Illinois State statute or by federal law; |
(o) A minor subject to a petition filed under Section | 5-520 of the Juvenile Court Act of 1987 alleging that the minor is a delinquent minor for the commission of an offense that if committed by an adult would be a felony; |
(p) An adult who had been adjudicated a delinquent | minor under the Juvenile Court Act of 1987 for the commission of an offense that if committed by an adult would be a felony; |
(q) A person who is not a resident of the State of | Illinois, except as provided in subsection (a-10) of Section 4; |
(r) A person who has been adjudicated as a person | with a mental disability; |
(s) A person who has been found to have a | developmental disability; |
(t) A person involuntarily admitted into a mental | health facility; |
(u) A person who has had his or her Firearm Owner's | Identification Card revoked or denied under subsection (e) of this Section or item (iv) of paragraph (2) of subsection (a) of Section 4 of this Act because he or she was a patient in a mental health facility as provided in subsection (e) of this Section, shall not be permitted to obtain a Firearm Owner's Identification Card, after the 5-year period has lapsed, unless he or she has received a mental health evaluation by a physician, clinical psychologist, or qualified examiner as those terms are defined in the Mental Health and Developmental Disabilities Code, and has received a certification that he or she is not a clear and present danger to himself, herself, or others. The physician, clinical psychologist, or qualified examiner making the certification and his or her employer shall not be held criminally, civilly, or professionally liable for making or not making the certification required under this subsection, except for willful or wanton misconduct. This subsection does not apply to a person whose firearm possession rights have been restored through administrative or judicial action under Section 10 or 11 of this Act; or |
(v) A person who fails 2 or more times to report a | loss or theft of a firearm within 48 hours of the discovery of such loss or theft to local law enforcement as required under subsection (a) of Section 24-4.1 of the Criminal Code of 2012. |
Upon revocation of a person's Firearm Owner's Identification Card, the Illinois State Police shall provide notice to the person and the person shall comply with Section 9.5 of this Act. (Source: P.A. 104-31, eff. 1-1-26.) (Text of Section from P.A. 104-270) Sec. 8. Grounds for denial and revocation. The Illinois State Police has authority to deny an application for or to revoke and seize a Firearm Owner's Identification Card previously issued under this Act only if the Illinois State Police finds that the applicant or the person to whom such card was issued is or was at the time of issuance: (a) A person under 21 years of age who has been | convicted of a misdemeanor other than a traffic offense or adjudged delinquent; |
(b) This subsection (b) applies through the 180th day | following July 12, 2019 (the effective date of Public Act 101-80). A person under 21 years of age who does not have the written consent of his parent or guardian to acquire and possess firearms and firearm ammunition, or whose parent or guardian has revoked such written consent, or where such parent or guardian does not qualify to have a Firearm Owner's Identification Card; |
(b-5) This subsection (b-5) applies on and after the | 181st day following July 12, 2019 (the effective date of Public Act 101-80). A person under 21 years of age who is not an active duty member of the United States Armed Forces or the Illinois National Guard and does not have the written consent of his or her parent or guardian to acquire and possess firearms and firearm ammunition, or whose parent or guardian has revoked such written consent, or where such parent or guardian does not qualify to have a Firearm Owner's Identification Card; |
(c) A person convicted of a felony under the laws of | this or any other jurisdiction; |
(d) A person addicted to narcotics; (e) A person who has been a patient of a mental | health facility within the past 5 years or a person who has been a patient in a mental health facility more than 5 years ago who has not received the certification required under subsection (u) of this Section. An active law enforcement officer employed by a unit of government or a Department of Corrections employee authorized to possess firearms who is denied, revoked, or has his or her Firearm Owner's Identification Card seized under this subsection (e) may obtain relief as described in subsection (c-5) of Section 10 of this Act if the officer or employee did not act in a manner threatening to the officer or employee, another person, or the public as determined by the treating clinical psychologist or physician, and the officer or employee seeks mental health treatment; |
(f) A person whose mental condition is of such a | nature that it poses a clear and present danger to the applicant, any other person or persons, or the community; |
(g) A person who has an intellectual disability; (h) A person who intentionally makes a false | statement in the Firearm Owner's Identification Card application or endorsement affidavit; |
(i) A noncitizen who is unlawfully present in the | United States under the laws of the United States; |
(i-5) A noncitizen who has been admitted to the | United States under a non-immigrant visa (as that term is defined in Section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26))), except that this subsection (i-5) does not apply to any noncitizen who has been lawfully admitted to the United States under a non-immigrant visa if that noncitizen is: |
(1) admitted to the United States for lawful | hunting or sporting purposes; |
(2) an official representative of a foreign | government who is: |
(A) accredited to the United States | Government or the Government's mission to an international organization having its headquarters in the United States; or |
(B) en route to or from another country to | which that noncitizen is accredited; |
(3) an official of a foreign government or | distinguished foreign visitor who has been so designated by the Department of State; |
(4) a foreign law enforcement officer of a | friendly foreign government entering the United States on official business; or |
(5) one who has received a waiver from the | Attorney General of the United States pursuant to 18 U.S.C. 922(y)(3); |
(j) (Blank); (k) A person who has been convicted within the past 5 | years of battery, assault, aggravated assault, violation of an order of protection, or a substantially similar offense in another jurisdiction, in which a firearm was used or possessed; |
(l) A person who has been convicted of domestic | battery, aggravated domestic battery, or a substantially similar offense in another jurisdiction committed before, on or after January 1, 2012 (the effective date of Public Act 97-158). If the applicant or person who has been previously issued a Firearm Owner's Identification Card under this Act knowingly and intelligently waives the right to have an offense described in this paragraph (l) tried by a jury, and by guilty plea or otherwise, results in a conviction for an offense in which a domestic relationship is not a required element of the offense but in which a determination of the applicability of 18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of the Code of Criminal Procedure of 1963, an entry by the court of a judgment of conviction for that offense shall be grounds for denying an application for and for revoking and seizing a Firearm Owner's Identification Card previously issued to the person under this Act; |
(m) (Blank); (n) A person who is prohibited from acquiring or | possessing firearms or firearm ammunition by any Illinois State statute or by federal law; |
(o) A minor subject to a petition filed under Section | 5-520 of the Juvenile Court Act of 1987 alleging that the minor is a delinquent minor for the commission of an offense that if committed by an adult would be a felony; |
(p) An adult who had been adjudicated a delinquent | minor under the Juvenile Court Act of 1987 for the commission of an offense that if committed by an adult would be a felony; |
(q) A person who is not a resident of the State of | Illinois, except as provided in subsection (a-10) of Section 4; |
(r) A person who has been adjudicated as a person | with a mental disability; |
(s) A person who has been found to have a | developmental disability; |
(t) A person involuntarily admitted into a mental | health facility; or |
(u) A person who has had his or her Firearm Owner's | Identification Card revoked or denied under subsection (e) of this Section or item (iv) of paragraph (2) of subsection (a) of Section 4 of this Act because he or she was a patient in a mental health facility as provided in subsection (e) of this Section, shall not be permitted to obtain a Firearm Owner's Identification Card, after the 5-year period has lapsed, unless he or she has received a mental health evaluation by a physician, clinical psychologist, advanced practice psychiatric nurse, or qualified examiner as those terms are defined in the Mental Health and Developmental Disabilities Code, and has received a certification that he or she is not a clear and present danger to himself, herself, or others. The physician, clinical psychologist, advanced practice psychiatric nurse, or qualified examiner making the certification and his or her employer shall not be held criminally, civilly, or professionally liable for making or not making the certification required under this subsection, except for willful or wanton misconduct. This subsection does not apply to a person whose firearm possession rights have been restored through administrative or judicial action under Section 10 or 11 of this Act. |
Upon revocation of a person's Firearm Owner's Identification Card, the Illinois State Police shall provide notice to the person and the person shall comply with Section 9.5 of this Act. (Source: P.A. 104-270, eff. 8-15-25.) Notes of Decisions
Cited in 79
cases (30 in the last 5 years), 1997–2026 · leading case: Evans v. Cook Cnty. State's Attorney, 2021 IL 125513 (Ill. 2021).
Evans v. Cook Cnty. State's Attorney, 2021 IL 125513 (Ill. 2021). “430 ILCS 65/8(c), (n) (West 2018). If the ISP denies a FOID card application, the applicant may appeal to the Director of State Police (Director), unless he has been convicted of certain enumerated offenses, in which case the applicant may petition the circuit court for relief.”
Johnson v. Dep't of State Police, 2020 IL 124213 (Ill. 2021). “§ 922 (g)(9) (2006)), and several provisions of the FOID Card Act (430 ILCS 65/8(n), 10(b), 10(c)(4) (West 2012)), which incorporate that federal statute, were unconstitutional as applied to Johnson.”
Kevin Culp v. Kwame Raoul, 921 F.3d 646 (7th Cir. 2019). “Under some interpreta- tions, Illinois’s regime, which disqualifies based on a conviction for any felony, 430 ILCS 65/8(c), might go too far, see generally Kanter, 919 F.”
Culp v. Madigan, 270 F. Supp. 3d 1038 (C.D. Ill. 2017). “See generally 430 ILCS 65/8; see also 430 ILCS 65/4(a)(2) (requiring that an applicant submit evidence to the ISP that he meets the qualifications for obtaining a FOID card).”
Coram v. The State of Illinois, 2013 IL 113867 (Ill. 2013). “430 ILCS 65/8 (West 2010). Specifically, section 8(n), which the Department relied on here, incorporates the provisions of the federal Gun Control Act, and disqualifies those who are prohibited from acquiring or possessing firearms due to their conviction for misdemeanor…”
Davis v. Yenchko, 2024 IL 129751 (Ill. 2024). “OPINION ¶1 In ruling on cross-motions for summary judgment, the circuit court of Madison County declared that section 8(n) of the Firearm Owners Identification (FOID) Card Act (FOID Card Act) (430 ILCS 65/8(n) (West 2016)) was unconstitutional “as applied to persons charged with…”
Coram v. State of Illinois, 2013 IL 113867 (Ill. 2013). “430 ILCS 65/8 (West 2010). Specifically, section 8(n), which the Department relied on here, incorporates the provisions of the federal Gun Control Act, and disqualifies those who are prohibited from acquiring or possessing firearms due to their conviction for misdemeanor…”
Braglia v. McHenry Cnty. State's Attorney's Off., 863 N.E.2d 1150 (Ill. App. Ct. 2007). “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)). Section 8 of the Act disqualifies certain applicants from receiving FOID cards,…”
Odle v. The Dep't of State Police, 2015 IL App (5th) 140274 (Ill. App. Ct. 2015). “430 ILCS 65/8 (West 2012). In pertinent part, the State Police may deny an application or revoke a FOID card if the applicant or FOID card holder is prohibited under any state or federal statute from acquiring or possessing a firearm.”
Awkerman v. Illinois State Police, 2023 IL App (2d) 220434 (Ill. App. Ct. 2023). “430 ILCS 65/8(c) (West 2022). The circuit court denied plaintiff relief, finding that he had failed to show either that he was not likely to endanger the public safety or that issuing him a FOID card would not be contrary to the public interest.”
Guns Save Life, Inc. v. Kelly, 2025 IL App (4th) 230662 (Ill. App. Ct. 2025). “¶ 58 Consider, for example, section 8 (430 ILCS 65/8 (West 2022)). That section forbids the Illinois State Police to deny an application for a FOID card unless the applicant has certain disqualifications, including (to name a couple of these disqualifications) a felony…”
Hiland v. Trent, 868 N.E.2d 396 (Ill. App. Ct. 2007). “However, the ALJ found that granting Hiland a FOID card “would be contrary to the public interest as Section 8(n) of the FOID Card Act (430 ILCS 65/ 8(n)) prohibits the issuance of a FOID Card to an individual who is prohibited from possessing firearms or ammunition under…”
— 430 ILCS 65/8(1) — 1 case
Braglia v. McHenry Cnty. State's Attorney's Off., 863 N.E.2d 1150 (Ill. App. Ct. 2007). “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)). Section 8 of the Act disqualifies certain applicants from receiving FOID cards,…”
— 430 ILCS 65/8(a) — 1 case
People v. Bryant, 2025 IL App (1st) 242152-U (Ill. App. Ct. 2025).
— 430 ILCS 65/8(b) — 2 cases
Tempest Horsley v. Jessica Trame, 808 F.3d 1126 (7th Cir. 2015).
McGee v. Heimburger, 678 N.E.2d 364 (Ill. App. Ct. 1997).
— 430 ILCS 65/8(c) — 31 cases
Evans v. Cook Cnty. State's Attorney, 2021 IL 125513 (Ill. 2021). “430 ILCS 65/8(c), (n) (West 2018). If the ISP denies a FOID card application, the applicant may appeal to the Director of State Police (Director), unless he has been convicted of certain enumerated offenses, in which case the applicant may petition the circuit court for relief.”
Kevin Culp v. Kwame Raoul, 921 F.3d 646 (7th Cir. 2019). “Under some interpreta- tions, Illinois’s regime, which disqualifies based on a conviction for any felony, 430 ILCS 65/8(c), might go too far, see generally Kanter, 919 F.”
Awkerman v. Illinois State Police, 2023 IL App (2d) 220434 (Ill. App. Ct. 2023). “430 ILCS 65/8(c) (West 2022). The circuit court denied plaintiff relief, finding that he had failed to show either that he was not likely to endanger the public safety or that issuing him a FOID card would not be contrary to the public interest.”
People v. West, 2017 IL App (1st) 143632 (Ill. App. Ct. 2017).
People v. Brown, 2017 IL App (1st) 150146 (Ill. App. Ct. 2017).
— 430 ILCS 65/8(d) — 2 cases
Braglia v. McHenry Cnty. State's Attorney's Off., 863 N.E.2d 1150 (Ill. App. Ct. 2007). “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)). Section 8 of the Act disqualifies certain applicants from receiving FOID cards,…”
Braglia v. McHenry Cnty. State's Attorney's Off. (Ill. App. Ct. 2007).
— 430 ILCS 65/8(e) — 2 cases
Culp v. Madigan, 270 F. Supp. 3d 1038 (C.D. Ill. 2017). “See generally 430 ILCS 65/8; see also 430 ILCS 65/4(a)(2) (requiring that an applicant submit evidence to the ISP that he meets the qualifications for obtaining a FOID card).”
Braglia v. McHenry Cnty. State's Attorney's Off., 863 N.E.2d 1150 (Ill. App. Ct. 2007). “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)). Section 8 of the Act disqualifies certain applicants from receiving FOID cards,…”
— 430 ILCS 65/8(f) — 4 cases
David Rhein v. John Coffman, 825 F.3d 823 (7th Cir. 2016).
Culp v. Madigan, 270 F. Supp. 3d 1038 (C.D. Ill. 2017). “See generally 430 ILCS 65/8; see also 430 ILCS 65/4(a)(2) (requiring that an applicant submit evidence to the ISP that he meets the qualifications for obtaining a FOID card).”
Rhein v. Coffman, 118 F. Supp. 3d 1093 (N.D. Ill. 2015).
Pence v. Kelly, 2026 IL App (4th) 250468-U (Ill. App. Ct. 2026).
— 430 ILCS 65/8(k) — 1 case
Culp v. Madigan, 270 F. Supp. 3d 1038 (C.D. Ill. 2017). “See generally 430 ILCS 65/8; see also 430 ILCS 65/4(a)(2) (requiring that an applicant submit evidence to the ISP that he meets the qualifications for obtaining a FOID card).”
— 430 ILCS 65/8(l) — 12 cases
Culp v. Madigan, 270 F. Supp. 3d 1038 (C.D. Ill. 2017). “See generally 430 ILCS 65/8; see also 430 ILCS 65/4(a)(2) (requiring that an applicant submit evidence to the ISP that he meets the qualifications for obtaining a FOID card).”
Brown v. Illinois State Police, 2020 IL App (3d) 180409 (Ill. App. Ct. 2020).
People v. Heitmann, 2017 IL App (3d) 160527 (Ill. App. Ct. 2018).
People v. Heitmann, 2017 IL App (3d) 160527 (Ill. App. Ct. 2017).
Connour v. Grau, 2015 IL App (4th) 130746 (Ill. App. Ct. 2015).
— 430 ILCS 65/8(n) — 24 cases
Johnson v. Dep't of State Police, 2020 IL 124213 (Ill. 2021). “§ 922 (g)(9) (2006)), and several provisions of the FOID Card Act (430 ILCS 65/8(n), 10(b), 10(c)(4) (West 2012)), which incorporate that federal statute, were unconstitutional as applied to Johnson.”
Evans v. Cook Cnty. State's Attorney, 2021 IL 125513 (Ill. 2021). “430 ILCS 65/8(c), (n) (West 2018). If the ISP denies a FOID card application, the applicant may appeal to the Director of State Police (Director), unless he has been convicted of certain enumerated offenses, in which case the applicant may petition the circuit court for relief.”
Davis v. Yenchko, 2024 IL 129751 (Ill. 2024). “OPINION ¶1 In ruling on cross-motions for summary judgment, the circuit court of Madison County declared that section 8(n) of the Firearm Owners Identification (FOID) Card Act (FOID Card Act) (430 ILCS 65/8(n) (West 2016)) was unconstitutional “as applied to persons charged with…”
Coram v. The State of Illinois, 2013 IL 113867 (Ill. 2013). “430 ILCS 65/8 (West 2010). Specifically, section 8(n), which the Department relied on here, incorporates the provisions of the federal Gun Control Act, and disqualifies those who are prohibited from acquiring or possessing firearms due to their conviction for misdemeanor…”
Coram v. State of Illinois, 2013 IL 113867 (Ill. 2013). “430 ILCS 65/8 (West 2010). Specifically, section 8(n), which the Department relied on here, incorporates the provisions of the federal Gun Control Act, and disqualifies those who are prohibited from acquiring or possessing firearms due to their conviction for misdemeanor…”
— 430 ILCS 65/8(q) — 2 cases
Mishaga v. Schmitz, 136 F. Supp. 3d 981 (C.D. Ill. 2015).
People v. Fedrick, 2025 IL App (5th) 230212-U (Ill. App. Ct. 2025).
— 430 ILCS 65/8(r) — 1 case
Culp v. Madigan, 270 F. Supp. 3d 1038 (C.D. Ill. 2017). “See generally 430 ILCS 65/8; see also 430 ILCS 65/4(a)(2) (requiring that an applicant submit evidence to the ISP that he meets the qualifications for obtaining a FOID card).”
— 430 ILCS 65/8(u) — 2 cases
Kevin Culp v. Kwame Raoul, 921 F.3d 646 (7th Cir. 2019). “Under some interpreta- tions, Illinois’s regime, which disqualifies based on a conviction for any felony, 430 ILCS 65/8(c), might go too far, see generally Kanter, 919 F.”
Kevin Culp v. Kwame Raoul (7th Cir. 2019).
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