What Happens When a FOID Card Is Revoked?
The Illinois State Police revoke a Firearm Owner's Identification (FOID) card when the holder becomes ineligible under 430 ILCS 65/8: a felony conviction, a domestic battery conviction, an order of protection, a federal firearm prohibition, and other listed grounds. Within 48 hours of the revocation notice, 430 ILCS 65/9.5 requires the person to surrender the card to local police or the State Police and file a Firearm Disposition Record showing where every firearm went. An appeal goes to the FOID Card Review Board or, for the most serious grounds, to the circuit court.
Updated September 2026
This page covers the grounds for revocation, the 48-hour surrender rule, what the Firearm Disposition Record requires, the two appeal routes, and what a court or the Review Board must find before restoring a card. Ms. Williams handles weapons charges and firearm-rights matters across Central Illinois.
◆ Illinois Law
Under 430 ILCS 65/8, the Illinois State Police has authority to deny an application for, or to revoke and seize, a FOID card if the person is or was at the time of issuance within any of the listed categories. Those categories include, among others: a person under 21 without parental consent; a person convicted of a felony under the laws of Illinois or any other jurisdiction; a person addicted to narcotics; a person who has been a patient of a mental health facility within the past five years; a person subject to an existing order of protection; a person convicted of domestic battery; and a person prohibited from acquiring or possessing firearms or firearm ammunition by any Illinois statute or by federal law.
Source: 430 ILCS 65/8 — Firearm Owners Identification Card Act, Section 8 (Grounds for denial and revocation)
The Conviction-Based Grounds for Revocation
Most revocations that follow a criminal case fall under one of these categories in Section 8:
- Any felony conviction, in Illinois or elsewhere.
- Domestic battery, 720 ILCS 5/12-3.2, or a substantially similar offense in another jurisdiction. A misdemeanor domestic battery is enough.
- Battery, assault, aggravated assault, or violation of an order of protection within the past five years, where a firearm was used or possessed.
- Federal prohibition. Anyone barred from possessing firearms under 18 U.S.C. 922(g) is ineligible under Illinois law as well. That includes a "misdemeanor crime of domestic violence" under 922(g)(9).
- An existing order of protection. The card is revoked for the life of the order.
A revocation is an administrative act by the Illinois State Police. It is separate from any sentence the criminal court imposed and does not require a court order.
The 48-Hour Rule: Surrender and the Firearm Disposition Record
Under 430 ILCS 65/9.5(a), a person who receives a revocation notice must, within 48 hours of receiving it:
- Surrender the FOID card to the local law enforcement agency where the person lives, or to the Illinois State Police.
- Complete a Firearm Disposition Record on the form prescribed by the State Police, and place each firearm in the location or with the person reported on that form.
The Firearm Disposition Record must disclose: the make, model, and serial number of each firearm owned by or under the custody and control of the revoked person; the location where each firearm will be kept during the prohibited term; if any firearm is transferred to another person, that person's name, address, and FOID card number; and to whom the FOID card was surrendered. The person keeps a copy and provides a copy to the Illinois State Police.
A concealed carry license is revoked at the same time. Under 430 ILCS 66/70, the license must also be surrendered to local law enforcement within 48 hours of notice.
Two Appeal Routes: The Review Board or the Circuit Court
Section 10 of the Act, 430 ILCS 65/10, sets two paths, and the reason for the revocation decides which one applies.
| Reason for revocation | Where the appeal goes |
|---|---|
| Most grounds, including non-forcible felonies, mental health grounds, and record errors | Firearm Owner's Identification Card Review Board (administrative hearing); a record challenge to the Director is also available under 65/10(a-5) |
| Forcible felony (as defined in 720 ILCS 5/2-8); stalking; aggravated stalking; domestic battery; a Class 2 or greater felony under the Controlled Substances Act, Methamphetamine Control and Community Protection Act, or Cannabis Control Act; any felony violation of Article 24 of the Criminal Code (weapons offenses); or a juvenile adjudication for what would be a felony | Written petition in the circuit court of the county where the person resides |
A decision of the Review Board can be taken to the circuit court under the Administrative Review Law. A circuit court petition is a civil proceeding in which the State's Attorney and the Illinois State Police are notified and may appear.
What Must Be Shown to Get the Card Back
Under 430 ILCS 65/10(c), the Review Board or the court may grant relief only on finding that:
- the applicant has not been convicted of a forcible felony within 20 years of the application, or at least 20 years have passed since the end of any sentence for one;
- the applicant's criminal history and reputation are such that the applicant will not be likely to act in a manner dangerous to public safety;
- granting relief would not be contrary to the public interest; and
- granting relief would not be contrary to federal law.
The fourth finding is the one that controls in domestic battery cases. Because federal law bars firearm possession after a misdemeanor crime of domestic violence, the Illinois Supreme Court in Johnson v. Department of State Police, 2020 IL 124213, addressed whether Illinois relief can be granted at all in that situation, and in Evans v. Cook County State's Attorney, 2021 IL 125513, addressed the same question for felony convictions. The outcome in an individual case depends on how those decisions apply to the specific conviction and record.
Frequently Asked Questions: FOID Card Revocation in Illinois
Why would the Illinois State Police revoke a FOID card?
Section 8 of the FOID Card Act, 430 ILCS 65/8, lists the grounds. They include conviction of a felony under Illinois law or the law of any other jurisdiction; conviction of domestic battery or a substantially similar offense; being the subject of an active order of protection; conviction within the past five years of battery, assault, aggravated assault, or violation of an order of protection in which a firearm was used or possessed; being prohibited from possessing a firearm by federal law; and several grounds relating to mental health, drug use, and age.
What do I have to do within 48 hours of a FOID revocation?
Under 430 ILCS 65/9.5(a), a person who receives a revocation notice must, within 48 hours: (1) surrender the FOID card to the local law enforcement agency where the person resides or to the Illinois State Police, and (2) complete a Firearm Disposition Record on the ISP form, listing every firearm owned or controlled, where each will be kept during the prohibited term, and, if transferred, the name, address, and FOID number of the person receiving it. A copy goes to the Illinois State Police.
What is a Firearm Disposition Record?
It is the Illinois State Police form required by 430 ILCS 65/9.5. It records the make, model, and serial number of each firearm the revoked person owns or controls; the location where each firearm will be kept during the prohibited period; the name, address, and FOID card number of any person the firearms are transferred to; and where the FOID card itself was surrendered. The revoked person keeps a copy and sends a copy to the Illinois State Police.
Does a misdemeanor domestic battery conviction revoke a FOID card?
Yes. 430 ILCS 65/8 lists conviction of domestic battery as a ground for revocation, and a misdemeanor domestic battery conviction also triggers the federal firearm prohibition in 18 U.S.C. 922(g)(9), which is a separate ground under the same section. The Illinois Supreme Court addressed the interaction of the two in Johnson v. Department of State Police, 2020 IL 124213.
How do I appeal a FOID revocation in Illinois?
Under 430 ILCS 65/10(a), the route depends on the reason. For most grounds, the appeal goes to the Firearm Owner's Identification Card Review Board. If the revocation was based on a forcible felony, stalking, aggravated stalking, domestic battery, a Class 2 or greater felony under the Controlled Substances Act, Methamphetamine Control Act, or Cannabis Control Act, or any felony violation of Article 24 of the Criminal Code (the weapons article), the appeal is a petition filed in the circuit court of the county where the person lives.
What does the Review Board or the court have to find to restore a FOID card?
Under 430 ILCS 65/10(c), relief may be granted only if the applicant has not been convicted of a forcible felony within 20 years of the application (or at least 20 years have passed since the end of any sentence for one); the applicant's criminal history and reputation show the applicant is not likely to act in a manner dangerous to public safety; granting relief would not be contrary to the public interest; and granting relief would not be contrary to federal law.
Is a FOID card revoked when an order of protection is entered?
A person who is the subject of an existing order of protection is ineligible for a FOID card under 430 ILCS 65/8, and the Illinois State Police revoke an existing card on that basis. Under the ISP's published procedure, eligibility is reviewed again when the order expires. The surrender and disposition requirements in 430 ILCS 65/9.5 apply during the order.
What happens to a concealed carry license when a FOID card is revoked?
A concealed carry license depends on a valid FOID card. Under the Firearm Concealed Carry Act, 430 ILCS 66/70, a license is revoked when the licensee becomes ineligible for a FOID card, and the license must be surrendered to the local law enforcement agency within 48 hours of notice.
Can I be charged with a crime for keeping a firearm after my FOID card is revoked?
Possessing a firearm without a currently valid FOID card is one of the factors that can make a weapons offense aggravated unlawful use of a weapon under 720 ILCS 5/24-1.6(a)(3)(C), a felony. Failing to surrender the card or complete the Firearm Disposition Record is itself a violation of the FOID Card Act. The specific charge depends on the facts of the possession.
Which court hears a FOID petition for someone living in Peoria County?
A circuit court FOID petition under 430 ILCS 65/10 is filed in the county where the petitioner resides. For a Peoria County resident that is the Peoria County Circuit Court, 10th Judicial Circuit. The State's Attorney of that county and the Illinois State Police receive notice and may participate.
This page is general legal information, not legal advice, and reading it does not create an attorney-client relationship. To discuss your situation, contact Ms. Williams at (309) 999-1177.