Possession Without a FOID Card:
Penalties and Exceptions

Illinois law treats possession of a firearm or ammunition without a valid FOID card as a criminal offense. Firearm-possession penalties can increase for repeat violations, and statutory exceptions excuse the FOID requirement in specified circumstances.^[1]

Criminal Penalties

Under 430 ILCS 65/2 and 65/14, possessing a firearm without a valid FOID card carries penalties that depend on eligibility, prior violations and whether the card has expired.

Otherwise Eligible Persons Without a Currently Valid Card

• First offense: Class A misdemeanor, punishable by up to 364 days in jail and a fine of up to $2,500, except that possession with a card expired for 6 months or less is a petty offense if the person is not otherwise disqualified from owning, purchasing or possessing firearms
• Second or subsequent offense. Except for the expired-card provisions, a second or subsequent firearm-possession violation by an otherwise eligible person is a Class 4 felony, with an ordinary prison range of 1 to 3 years

Ineligible Persons (revoked FOID, convicted felon, or otherwise disqualified)

• First offense: Class 3 felony, punishable by 2 to 5 years in the Illinois Department of Corrections

Possession of a firearm with a FOID card expired for 6 months or less is a petty offense if the person is not otherwise disqualified from owning, purchasing or possessing firearms. Possession of a firearm with a card expired for longer than 6 months is a Class A misdemeanor if the person is not otherwise disqualified from renewing it, while firearm possession by a person ineligible for a FOID card is a Class 3 felony.^[2]

Possession of ammunition without a valid FOID card is a Class A misdemeanor.^[2]

Aggravated Unlawful Possession of a Weapon

Possessing a firearm without a FOID card can also serve as a charging factor for Aggravated Unlawful Possession of a Weapon (AUUW) under 720 ILCS 5/24-1.6. Knowingly carrying a firearm on or about the person or in a vehicle outside the listed private-property exceptions, combined with not having been issued a currently valid FOID card, can satisfy Section 24-1.6(a)(1) and (a)(3)(C). Section 24-1.6(c) excludes weapons that are broken down in a non-functioning state or not immediately accessible, and weapons unloaded and enclosed in a case or other listed container by a current FOID card holder. Aggravated unlawful possession of a weapon is generally a Class 4 felony for a first offense, with an ordinary prison range of 1 to 3 years and a fine of up to $25,000. A prior felony conviction makes the offense a Class 2 felony, and wearing or possessing body armor without a valid FOID card makes it a Class X felony. A second or subsequent offense is a Class 2 felony requiring 3 to 7 years in prison, except as provided in Section 5-4.5-110 of the Unified Code of Corrections.^[3]

Statutory Exceptions

The FOID Act provides narrow exceptions to the FOID card requirement. These exceptions do not authorize general firearm possession without a FOID card but rather excuse the requirement in specific circumstances:^[1]

• Non-resident transport: Non-residents are exempt while their firearms are unloaded and enclosed in a case
• Shooting ranges: A person otherwise eligible to obtain a FOID card may possess a firearm on a firing or shooting range without a FOID card while under the direct supervision of a FOID card holder who is 21 years of age or older
• Law enforcement: Active law enforcement officers are exempt from the FOID requirement while performing their official duties
• Military personnel: Members of the Armed Forces of the United States or the National Guard are exempt while engaged in the operation of their official duties

Expired FOID Cards

A timely-filed renewal keeps the card valid while the ISP processes the application, unless the person is subject to or becomes subject to revocation under the Act (430 ILCS 65/5(b), 65/7(b)). If a card lapses, firearm possession with a card expired 6 months or less, by a holder not otherwise disqualified, is a petty offense under 430 ILCS 65/14(a-5), a lighter penalty than the tiers described above for possession without a card. A card expired for longer than 6 months does not qualify for the petty-offense provision.^[4]

Interaction with Federal Law

Federal law under 18 U.S.C. 922(a)(3) generally prohibits a person other than a federally licensed importer, manufacturer, dealer or collector from transporting into or receiving in their state of residence a firearm obtained outside that state. Exceptions cover lawful bequests or intestate succession, firearms obtained in conformity with Section 922(b)(3), and firearms acquired before the chapter took effect. The FOID Act exempts non-residents who are currently licensed or registered to possess a firearm in their resident state. Non-residents are also exempt while at an ISP-recognized firearm showing or display, but must have their firearms unloaded and enclosed in a case at all other times and places.^[5]