In the state of Illinois, a domestic battery conviction – even if it’s a misdemeanor – is very serious. Many people wonder whether they’ll have to turn in their firearm owner identification (FOID) cards and their firearms after a conviction. This guide explains.
Do You Have to Turn in Firearms if You’re Convicted of Domestic Battery in Illinois?
If an Illinois court convicts you of domestic battery or aggravated domestic battery, you’ll be required to surrender your FOID card and turn in your firearms July enforcement personnel. That’s because you become federally prohibited from possessing firearms and therefore can’t have them in Illinois.
The bottom line is that Illinois State Police are authorized to revoke your FOID card and require you to turn in firearms if:
- You were convicted in the past five years for assault, aggravated assault, battery or a violation of an order of protection. Additionally, if you were convicted of a substantially similar offense in another area, you may be required to turn in your card and your firearms.
- You have ever been convicted of domestic battery or aggravated domestic battery in the state of Illinois. Additionally, if you were ever convicted of a similar offence in another jurisdiction, the police may require you to surrender your FOID card and weapons.
Related: Can the state proceed with domestic battery charges if your accuser won’t cooperate?
Can You Get Your FOID Back if You’re Convicted of Domestic Battery?
In rare cases, it’s possible to get a FOID card back after a domestic battery conviction. However, to do so, you must obtain relief from a court, get a pardon and expungement from the governor of Illinois, or your conviction must have been vacated or set aside.
What if You Were Charged but Never Convicted?
If you were arrested for domestic battery but were never convicted of the crime, you don’t have to surrender your FOID card. You don’t have to surrender your weapons, either (unless a judge has issued an order of protection against you; in that case, you do have to surrender your firearms and your attorney can let you know how to get them back).
Related: Should you deny allegations of domestic battery?
Do You Need to Talk to an Attorney About Domestic Battery Defense?
If you need to talk to a domestic battery defense attorney in Illinois, we’re here to help. Call us at 847-920-4540 now – we’ll be happy to give you a free consultation and talk to you about your options.
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