Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1230 - FIREARM OWNER'S IDENTIFICATION CARD ACT › Section 1230.15 - FOID Card and Assault Weapon Electronic Endorsement Affidavit Requirement

Current through Register Vol. 48, No. 28, July 12, 2024
a) FOID Card
			 Requirement. Pursuant to Section 2 of the Act, 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
. [430 ILCS
			 65/2(a)(1) ]
1) Pursuant to Section 12 of the Act, if an
			 Illinois resident without a FOID Card inherits a firearm or firearm ammunition
			 upon the death of the owner, the provisions of the Act and this Part shall not
			 apply to the person until 60 days after the passing or transfer of the firearm
			 or ammunition. [430 ILCS 65/12 ]
2)
Except as provided in subsection
			 (e)
of Section 24-1.9 of the Criminal Code of 2012
and
			 beginning on January 1, 2024, any person, who moves into this State in
			 possession of an assault weapon, assault weapon attachment, .50 caliber rifle,
			 .50 caliber cartridge, or large capacity ammunition feeding device, shall apply
			 for a FOID Card within 60 days
after moving to Illinois.
			 [720 ILCS
			 5/24-1.9(d)]
3) If a FOID Card application is denied, then
			 upon receipt of the denial notice, any person who possesses an assault weapon,
			 assault weapon attachment, .50 caliber rifle, .50 caliber cartridge, or large
			 capacity ammunition feeding device and applied for a FOID Card upon inheriting
			 or moving to Illinois shall either surrender the items to a law enforcement
			 agency while seeking relief from such denial or transfer the items to a person
			 authorized to purchase and possess the items consistent with the provisions of
			 Sections 24-1.9 and 24-1.10 of the Criminal Code of 2012 [720 ILCS
			 5/24-1.9 and
			 720 ILCS
			 5/24/1.10].
A) If
			 the owner surrenders possession to a law enforcement agency and intends to
			 appeal the denial so that the items surrendered can be returned if the appeal
			 is successful, the owner shall notify the law enforcement agency of their
			 intent at the time of surrender.
i) If the
			 appeal is successful, the items surrendered shall be returned to the owner who
			 surrendered possession in the condition in which the items were
			 surrendered.
ii) If the appeal is
			 unsuccessful, the items surrendered may, at the request of the owner, be
			 transferred to an FFL of the owner's choosing so that the items may be sold by
			 the FFL on behalf of the owner consistent with PICA.
iii) If the appeal has not been exhausted
			 within 180 days of the denial, suspension, or revocation, the owner must
			 provide proof that the appeal is still pending at least every 30 days until the
			 appeal has been exhausted.
B) Notwithstanding any other provision to the
			 contrary, any items surrendered to law enforcement for safekeeping pursuant to
			 a FOID Card denial or a protective order as defined by Section
			 1.1 and required by Section
			 8.2 of the Act, shall not be
			 destroyed until after the appeal has been
			 exhausted.