PART 1230 FIREARM OWNER'S IDENTIFICATION CARD ACT : Sections Listing

TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER II: ILLINOIS STATE POLICE
PART 1230 FIREARM OWNER'S IDENTIFICATION CARD ACT


AUTHORITY: Implementing and authorized by the Firearm Owners Identification Card Act [430 ILCS 65] and authorized by Section 2605-120 of the Civil Administrative Code of Illinois. (Illinois State Police Law) [20 ILCS 2605].

SOURCE: Filed March 8, 1973; codified at 7 Ill. Reg. 9557; amended at 8 Ill. Reg. 21306, effective October 10, 1984; recodified from the Department of Law Enforcement to the Department of State Police at 10 Ill. Reg. 3279; amended at 17 Ill. Reg. 18856, effective October 18, 1993; amended at 22 Ill. Reg. 16629, effective September 8, 1998; amended at 27 Ill. Reg. 10308, effective June 26, 2003; amended at 38 Ill. Reg. 2301, effective December 31, 2013; emergency amendment at 44 Ill. Reg. 6166, effective April 6, 2020, for a maximum of 150 days; emergency expired September 2, 2020; emergency amendment at 44 Ill. Reg. 15819, effective September 3, 2020, for a maximum of 150 days; emergency expired January 30, 2021; emergency amendment at 45 Ill. Reg. 2763, effective February 19, 2021, for a maximum of 150 days; emergency expired July 18, 2021; amended at 45 Ill. Reg. 11201, effective August 30, 2021; amended at 46 Ill. Reg. 1057, effective December 21, 2021; amended at 46 Ill. Reg. 6798, effective April 12, 2022; emergency amendment at 46 Ill. Reg. 13553, effective July 15, 2022, for a maximum of 150 days; amended at 46 Ill. Reg. 19237, effective November 21, 2022; amended at 47 Ill. Reg. 2431, effective February 3, 2023; Sections 1230.15 and 1230.75 transferred to 20 Ill. Adm. Code 3500 at 47 Ill. Reg. 2474; emergency amendment at 47 Ill. Reg. 14038, effective September 15, 2023, for a maximum of 150 days; amended at 48 Ill. Reg. 2881, effective February 8, 2024.

 

Section 1230.10  Definitions

 

Terms defined in the Firearm Owners Identification Card Act [430 ILCS 65/1.1] and Section 24-1.9 and 1.10 of the Criminal Code of 2012 [720 ILCS 5/24-1.9 and 720 ILCS 5/24-1.10] have the same meanings when used in this Part. The following additional definitions also apply to this Part, unless the context clearly requires a different meaning: 

 

"Act" means Firearm Owners Identification Card Act [430 ILCS 65].

 

"Active" means the Firearm Owner's Identification Card is active in the online FOID/FCCL system and valid for purposes of acquiring and possessing firearms and firearms ammunition.

 

"Antique firearm" shall have the meaning ascribed to it in 18 U.S.C. 921(a)(16), i.e.:

 

any firearm, including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system, manufactured in or before 1898; or

 

any replica of any firearm described in the previous paragraph if the replica:

 

is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition; or

 

uses rimfire or conventional centerfire fixed ammunition that is no longer manufactured in the United States and that is not readily available in the ordinary channels of commercial trade; or

 

any muzzle-loading rifle, muzzle-loading shotgun, or muzzle-loading pistol that is designed to use black powder or a black powder substitute and that cannot use fixed ammunition.

 

The term "antique firearm" shall not include any weapon that incorporates a firearm frame or receiver, any firearm that is converted into a muzzle-loading weapon, or any muzzle-loading weapon that can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock or any combination of these.

 

"Applicant" means a person who has submitted an application for a Firearm Owner's Identification Card.

 

"Assault Weapon" means a firearm that meets the definition of an assault weapon as set forth in Section 24-1.9 of the Criminal Code of 2012 [720 ILCS 5/24-1.9(a)(1)]. For additional guidance see Appendix A.

 

"Assault Weapon Attachment" means any device capable of being attached to a firearm that is specifically designed for making or converting a firearm into any of the firearms listed in the Act.  For example,

 

a pistol grip or thumbhole stock;

 

any feature capable of functioning as a protruding grip that can be held by the non-trigger hand;

 

a folding, telescoping, thumbhole, or detachable stock, or a stock that is otherwise foldable or adjustable in a manner that operates to reduce the length, size, or any other dimension, or otherwise enhances the concealability of, the weapon;

 

a flash suppressor;

 

a grenade launcher;

 

barrel shroud;

 

a threaded barrel; and

 

a buffer tube, arm brace, or other part that protrudes horizontally behind the pistol grip and is designed or redesigned to allow or facilitate a firearm to be fired from the shoulder.

 

"Assault weapon attachments" do not include integral parts, components of an assault weapon, or other items not specifically designed for a firearm, for example items specifically designed for an airsoft gun.  Rather they are supplementary items that can be attached to assault weapons.  If a person were to attach parts specifically designed for an airsoft gun to a firearm thereby bringing the firearm within the definition of assault weapon under PICA, the firearm, not the attachment, would be regulated.

 

"ATF" means the federal Bureau of Alcohol, Tobacco, Firearms and Explosives.

 

"Barrel Shroud" means a component added to the rifle that was not part of the original design that is attached to the barrel or that partially or completely encircles the barrel, allowing the bearer to hold the firearm with the non-trigger hand without being burned.  Barrel shroud does not include a handguard that is designed as part of the stock regardless of whether the stock is a one-piece wood or plastic unit or a multi-piece set. 

 

"Capacity" means the total number of rounds that can be used at the maximum identified chambered sized round.

 

"Criminal Justice System Employee" includes law enforcement officials, courts, State's Attorneys, probation officers, parole officers, and federal law enforcement officials.

 

"Department" means the Illinois State Police.

 

"Designator" means an indication printed on the face of a FOID Card that the card holder has been issued an FCCL.

 

"Director" means the Director of the Illinois State Police or the Director's designee.

 

"Endorsement Affidavit" means an affidavit electronically executed through the online FOID/FCCL System that registers an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge, with the Department as required by Section 24-1.9(d) of the Criminal Code of 2012 [720 ILCS 5/24-1.9(d)].

 

"FCCL" means Firearm Concealed Carry License pursuant to the Firearm Concealed Carry Act [430 ILCS 66], which may be indicated as a Designator printed on the face of a FOID Card.

 

"FFL" means a person or business who has been issued a Federal Firearms License by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives.

 

"Felony Indictment" shall mean an indictment for a crime punishable by imprisonment for a term exceeding one year pursuant to 18 U.S.C. 922(d)(1) and (n).

 

"Flash Suppressor" means a muzzle attachment designed to reduce muzzle flash. A flash suppressor may also be referred to as a flash hider but does not include a muzzle brake.

 

"FOID Card" means the Firearm Owner's Identification Card as defined in Section 6 of the Act, which may include an FCCL Designator printed on the face of the card.

 

"Having Possessed Such Items Prior to January 10, 2023" means persons who possess one of the prohibited items under the Act, as the result of a sale or transfer with a background check initiated with the Department on or before January 10, 2023, where the sale or transfer was completed after that date pursuant to Section 24-1.9(f) of the Criminal Code of 2012 [720 ILCS 5/24-1.9(f)].

 

"Heir" means a person who receives property by reason of the death of another whether as heir, legatee, beneficiary, survivor or any other capacity as allowed by the Illinois Probate Act [755 ILCS 5/] and the Illinois rules of intestate succession.

 

"Inherit" means to receive a distribution pursuant to intestate succession, will, trust, or other method permitted by law upon the death of the owner. 

 

"Large capacity ammunition feeding device" means

 

a)         a magazine, belt, drum, feed strip, or similar device that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of any type of ammunition for long guns and more than 15 rounds of any type of ammunition for handguns; or

 

b)         any combination of parts from which a device described in paragraph (a) can be assembled.

 

"Large capacity ammunition feeding device" does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition or a tubular magazine that is contained in a lever-action firearm or any device that has been made permanently inoperable.

 

"Law enforcement officer" means an employee of a government agency who:

 

is authorized by law to engage in or supervise the prevention, detection, investigation, prosecution or incarceration of any person for any violation of law;

 

has statutory powers of arrest or custodial detention;

 

is authorized by the agency to carry a firearm while on duty;

 

is not the subject of any disciplinary action by the employing agency that could result in termination;

 

meets the standards established by the agency that require the employee to regularly qualify in the use of a firearm; and

 

is not prohibited by federal law from possessing a firearm.

 

"Law enforcement official", for purposes of clear and present danger reporting, means any peace officer, warden, superintendent or keeper of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of a criminal offense, and employees of police laboratories having a department or section of forensic firearm identification.

 

"Move to Illinois" means to relocate from another state or country with intent to make Illinois the primary domicile as evidenced by an Illinois Driver's License or Illinois State Identification Card.

 

"Muzzle Brake" means an attachment or feature of the muzzle end of the barrel that uses the propellant combustion gas with the desired effect of redirecting the recoil. A muzzle brake may also be known as a compensator.

 

"Online FOID/FCCL System" means the Department's applicant and person-to-person portal which allows a person to apply for a FOID Card or FCCL and access their FOID Card/FCCL dashboard, as well as determine whether the applicant's FOID or another person's FOID Card is valid and active where permitted by law.

 

"Out-of-state resident" means a person who does not qualify for an Illinois driver's license or an Illinois State identification card due to his or her establishment of a primary domicile in another state.

 

"Peace Officer" shall have the meaning ascribed to it in Section 2-13 of the Criminal Code of 2012 [720 ILCS 5/2-13].

 

"PICA" means the Protect Illinois Communities Act, Public Act 102-1116. 

 

"Proof of eligibility" for purposes of transferring an assault weapon, assault weapon attachment, .50 caliber rifle, .50 caliber cartridge, or large capacity ammunition feeding device to a person authorized to purchase and possess such 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] means a copy of a current or retired employment identification card, a letter from the employing agency on official letterhead, or any similar official instrument used to confirm employment and identity.

 

"Properly licensed firing range" means an area that contains shooting stations or firing lines, target areas, and other related components for discharging firearms at a target in a sporting event, for practice or instruction in the use of a firearm, or for the testing of a firearm, which meets the requirements set forth in Section 5 of the Premises Liability Act 740 ILCS 130/5, as well as any applicable rules as set forth by the unit of local government with jurisdiction.  It also includes licensed shooting preserves and public hunting areas operated or licensed by the Department of Natural Resources.

 

"Protective order" means any orders of protection issued under the Illinois Domestic Violence Act of 1986 [750 ILCS 60], stalking no contact orders issued under the Stalking No Contact Order Act [740 ILCS 21], civil no contact orders issued under the Civil No Contact Order Act [740 ILCS 22], and firearms restraining orders issued under the Firearms Restraining Order Act [430 ILCS 67].

 

"Purchaser" means any person who is buying or receiving firearms or firearms ammunition as part of a sale or transfer.

 

"Qualified Law Enforcement Officer" and "Qualified Retired Law Enforcement Officer" shall have the meanings ascribed to those terms in the Law Enforcement Officers Safety Act of 2004 (18 U.S.C. 926B and 926C) and as recognized under Illinois law. (See 720 ILCS 5/24-1.9(e)(2) and 720 ILCS 5/24-1.10(e)(2))

 

"Readily assembled, modified, restored or converted" shall mean any assembly, modification, restoration, or conversion beyond those that would be required in regular maintenance that is fairly or reasonably efficient, quick, and easy, and does not require special knowledge or skill, additional parts or tools, or significant expense.  Readily assembled, modified, restored or converted shall not include assembly, modifications, restorations, or conversions that would damage or destroy the firearm or cause it to malfunction.

 

"Seller" means any person who is selling or transferring firearms or firearms ammunition as part of a sale or transfer.

 

"Stock" means the wood or plastic component(s) to which the metal parts of a firearm are attached to enable the shooter to hold the firearm, including but not limited to the fore stock.

 

"Transfer" means the permanent relinquishment of ownership of a firearm or other item, where possession of the item is regulated by the Act or Article 24 of the Criminal Code of 2012 [720 ILCS 5/24], to another person regardless of whether consideration or money is received by the seller.

 

"Unlawful Drug Use" shall mean any unlawful use of or addiction to any controlled substance pursuant to 18 U.S.C. 922(d)(3) and (g)(3).

 

"Valid" means current and not suspended, revoked, expired, canceled, invalidated, denied or disqualified.

 

(Source:  Amended at 48 Ill. Reg. 2881, effective February 8, 2024)

 

Section 1230.15  FOID Card and Assault Weapon Electronic Endorsement Affidavit Requirement

 

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.

 

b)         Electronic Endorsement Affidavit Requirement.  Any person, other than individuals exempt by Section 24-1.9(e) of the Criminal Code of 2012 [720 ILCS 5/24-1.9(d)], in possession of an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge, including but not limited to individuals under age 21, must electronically file an endorsement affidavit through the online FOID/FCCL system beginning October 1, 2023, but shall be completed no later than January 1, 2024.

 

1)         Any person who moves into Illinois in possession of an assault weapon, assault weapon attachment, .50 caliber rifle, .50 caliber cartridge, or large capacity ammunition feeding device, shall complete the endorsement affidavit within 60 days after moving to Illinois.  [720 ILCS 5/24-1.9(d)]

 

A)        A person who has submitted an endorsement affidavit for an assault weapon or .50 caliber rifle that as manufactured has features that if removed would constitute assault weapon attachments is only required to submit an endorsement affidavit for the assault weapon or .50 caliber rifle.

 

B)        If a person has submitted an endorsement affidavit for an assault weapon or .50 caliber rifle that as manufactured has features that if removed would constitute assault weapon attachments and subsequently removes items that separately constitute assault weapon attachments and retains possession, the person shall submit an updated endorsement affidavit.

 

C)        Bolt, lever, or pump action firearms are not subject to the endorsement affidavit provisions of PICA even if as manufactured the firearm has features that if removed would constitute assault weapon attachments; however, if items that constitute assault weapon attachments are removed from a bolt, lever, or pump action firearm, the person in possession shall submit an endorsement affidavit for the specified assault weapon attachments upon removal regardless of when they were purchased lawfully as a part of the firearm.

 

2)         Electronic Endorsement Affidavit Exemptions.

 

A)        The electronic endorsement affidavit requirements of this Section do not apply to:

 

i)          Peace officers;

 

ii)         Qualified law enforcement officers and retirees;

 

iii)        the acquisition and possession by a federal, State, or local law enforcement agency for the purpose of equipping that agency's peace officers; and

 

iv)        Wardens, superintendents, and keepers of correctional institutions for the detention of persons accused or convicted of an offense. (See 720 ILCS 5/24-1.9(e)(1-4)).

 

v)         Clubs, organizations, business, or companies, including but not limited to Federal Firearms Licensees doing business as a sole proprietor, partnership, corporation, or limited liability corporation, that own items subject to the endorsement affidavit provisions of PICA

 

•           If the leadership of such club, organization, business, or company changes but the ownership of the items does not change, no action is required on behalf of the club, organization, business, or company.  However, if ownership transfers, the transfer must be consistent with PICA. 

 

•           Members or owners of clubs, organizations, businesses, or companies, including but not limited to Federal Firearms Licensees, must comply with the endorsement affidavit provisions of PICA for their personal possessions unless the person is eligible for another exemption.

 

B)        Persons who are exempt from the endorsement affidavit provisions pursuant to this subparagraph are required to file an electronic endorsement affidavit should the circumstances giving rise to the exemption change.

 

3)         Exemptions for Official Duties. 

 

A)        The following persons are not required to complete an electronic endorsement affidavit to possess an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge while the person is performing official duties:

 

i)          Armed security personnel in this State at a nuclear energy, storage, weapons, or development site or facility regulated by the federal Nuclear Regulatory Commission;

 

ii)         Private security personnel licensed under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004; and

 

iii)        Members of the Armed Services or Reserve Forces of the United States or the Illinois National Guard, who are also exempt while traveling to or from their places of duty. 

 

B)        Assault weapons used by persons exempt under Section 1230.15 (b)(3)(A) in the performance of their official duties, transported to and from their official duties, secured at home or their place of business, or possessed for the purposes of attending training approved by a licensed Illinois private detective agency or security contractor agency or the military, including travel to and from such training, shall be exempt from the endorsement affidavit provisions, so long as the person possesses a valid firearm control card, where applicable, and valid firearm owner's identification card, for the duration of their employment. Any person no longer employed by such an agency or not having an active firearm control card, where applicable, shall file an electronic endorsement affidavit prior to separation from the employment giving rise to the exemption.

 

4)         Other Exemptions.

 

A)        The following persons are not required to complete an electronic endorsement affidavit under the following circumstances:

 

i)          Olympic target shooting competitors and coaches in possession of any firearm sanctioned by the International Olympic Committee and by USA Shooting;

 

ii)         Nonresidents who are transporting an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge to any other place where the nonresident may lawfully possess and carry that weapon;

 

iii)        Persons in possession of an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge at an event at the World Shooting and Recreational Complex at Sparta;

 

iv)        Persons in possession of a weapon set forth in Appendix B, if the possession is only for hunting use expressly permitted under the Wildlife Code [520 ILCS 5]; and

 

v)         Persons in possession of blank-firing assault weapons if the possession is only for props for a motion picture, television or video production or entertainment event. (See 720 ILCS 5/24 1.9(e)(7)(C)(v)).

 

B)        However, these persons must have completed an electronic endorsement affidavit if their possession of these items extends beyond the circumstances outlined in subsection (b)(4)(A).  For example, if a person owns an assault weapon and hunts with it, their possession extends beyond hunting use; or if a person owns an assault weapon and takes it to an event at the World Shooting and Recreational Complex at Sparta, their possession extends beyond possession at the World Shooting and Recreational Complex at Sparta.  As a result, the persons in the above examples would be required to complete an electronic endorsement affidavit.  If a person does not own an assault weapon but rather rents or borrows one from a neighbor for hunting or a teammate for a shooting event and immediately returns it upon the conclusion of the purpose, their possession does not extend beyond the permitted circumstances and that person would not be required to complete an electronic endorsement affidavit.

 

5)         Nothing in this Section shall be construed to make lawful the acquisition, transportation, or possession of firearms or firearm ammunition which is otherwise prohibited by law, for example the FOID Act [430 ILCS 65] and the Wildlife Code [520 ILCS 5].

 

c)         Electronic Endorsement Affidavit Contents.  The endorsement affidavit shall include:

 

1)         The affiant's Firearm Owner's Identification Card number when available;

 

2)         An affirmation that the affiant:

 

A)        possessed an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge before January 10, 2023; or

 

B)        inherited such items from a person with an endorsement under Section 24-1.9 of the Criminal Code of 2012 [720 ILCS 5/24-1.9] or from a person authorized under Section 24-1.9(e)(1) through (5) of the Criminal Code of 2012 [720 ILCS 5/24-1.9(e)(1)-(5)] to possess such items; or

 

C)        moved into Illinois after January 10, 2023 with such items; or

 

D)        is filing an endorsement affidavit voluntarily (See subsection (e));

 

3)         The make, model, caliber, and serial number of each assault weapon or .50 caliber rifle;

 

4)         A warning printed in bold type that states: "Warning:  Entering false information on this form is punishable as perjury under Section 32-2 of the Criminal Code of 2012. Entering false information on this form is a violation of the Firearm Owners Identification Card Act." [720 ILCS 5/24-1.9(d)]; and

 

5)         An affirmation that the endorsement affidavit is signed under oath, swearing, affirming, and certifying, that the statements set forth in the endorsement affidavit are true and correct subject to the penalties as provided by law pursuant to Section 1-109 of the Code of Civil Procedure [735 ILCS 5/1-109].

 

d)         Electronic Endorsement Affidavit Filing Deadlines.  The endorsement affidavit, shall be filed electronically through the online FOID/FCCL system, no later than:

 

1)         January 1, 2024, if the person is an Illinois resident who possessed an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge, prior to January 10, 2023; or

 

2)         60 days after moving to Illinois, if the person was an out-of-state resident who moved into Illinois after January 10, 2023, and possessed an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge prior to moving to Illinois.

 

e)         Electronic Endorsement Affidavit Voluntary Compliance.  Any person in possession of an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge, who is exempt from the endorsement affidavit requirements of Section 24-1.9(e) of the Criminal Code of 2012 [720 ILCS 5/24-1.9(e)] may electronically file an endorsement affidavit through the online FOID/FCCL system voluntarily (See subsection (c)(2)(D)) at any time.

 

f)         Penalty.  Possession of a firearm without a FOID Card as required by Section 2 of the Act or possession of an assault weapon without having completed an electronic endorsement affidavit as required by Section 24-1.9 of the Criminal Code of 2012, is a Class A misdemeanor or Class 3 or 4 felony depending upon the circumstances of the violation. (See 430 ILCS 65/14 and 720 ILCS 5/24-1(a)(15)).

 

g)         Notwithstanding the requirements of subsection (b), all endorsement affidavit records collected by the Illinois State Police pursuant to this Section shall be retained consistent with the Illinois State Records Act [5 ILCS 160/1.5] but shall be destroyed upon lawful order from an Illinois or federal court with appropriate jurisdiction following the exhaustion of all appeals or receipt of an authorized disposal date from the State Records Commission.  See 40 Ill. Adm. Code 4400. 

 

(Source:  Section transferred to 20 Ill. Adm. 3500.10 at 47 Ill. Reg. 2474; added at 48 Ill. Reg. 2881, effective February 8, 2024)

 

Section 1230.20  Application Procedures

 

a)         Application for a FOID Card shall be made electronically by inputting the information as required by the Act, including, but not limited to, Section 4, as set forth on the Department's website.

 

1)         Assistance with completing the application is available at all customer service kiosks.  The locations of such kiosks are available on the Department's website.

 

2)         Paper applications, which may be obtained by contacting the Firearms Services Bureau Call Center, will only be accepted from applicants with appropriate proof of a religious exemption or a disability.  Proof of disability includes, but is not limited to, documentation from:

 

A)        the Social Security Administration;

 

B)        the Illinois Worker's Compensation Commission;

 

C)        the U.S. Department of Defense;

 

D)        an insurer authorized to transact business in Illinois who is providing disability insurance coverage; or

 

E)        a physician or heath care provider licensed in this State and is in the position to know the applicant's medical condition.

 

b)         All application forms shall be completed accurately and, in their entirety, accompanied by all fees, and a photograph (except as provided in Section 4(a-20) of the Act), and submitted as indicated on the application form.

 

1)         Applicants shall pay the fee required by Section 5 of the Act, in full, when submitting their application or reapplying if the application is denied.

 

2)         All application fees shall be collected using the Illinois State Treasurer's E-Pay program, which is linked to the electronic FOID application on the Department's website. A convenience fee will be charged in accordance with the Illinois State Treasurer's E-Pay program.

 

3)         Application, renewal and replacement fees are non-refundable.

 

c)         Any application form that is not completed accurately and, in its entirety, including all fees and a photograph, and which contains any deficiencies that cannot be cured in an expeditious manner, will be denied or rejected.

 

1)         An application is complete if it contains all of the information and materials required by the Act, including, but not limited to, Section 4, as well as the requisite fee and any associated convenience fee.

 

2)         If an application is rejected because it is incomplete, the applicant will not be charged an additional fee upon completing the application process.  If an application is rejected and the applicant does not correct deficiencies of which they were notified within 60 days, the application shall be denied.

 

3)         If the application is denied because the applicant has not been found to be qualified under the Act, and then later reapplies, the applicant will be assessed another fee and any associated convenience fee. 

 

d)         Except as provided in subsection (e), any requirement for an Illinois driver's license number or Illinois identification card number shall mean a valid Illinois driver's license number or valid Illinois identification card number.  A temporary visitor's driver's license (TVDL) will not be accepted.

 

e)         In regard to an applicant who is employed as a law enforcement officer, an armed security officer in Illinois or by the United States military permanently assigned in Illinois and who is not an Illinois resident, any requirement for a driver's license number or State identification card number shall mean the valid driver's license number or valid state identification card number from the applicant's state of residence.

 

f)         In regard to an applicant who is employed by the United States military permanently assigned in Illinois, the applicant shall also provide valid military identification and assignment orders establishing permanent assignment in Illinois. Only persons with a permanent duty assignment in Illinois qualify for a FOID Card if they are not otherwise an Illinois resident.  Military personnel in Illinois on temporary duty assignment are not eligible and do not need a FOID Card.

 

g)         In regard to an applicant who is applying under a non-immigrant visa exception, the applicant shall provide a letter from the applicant's foreign government stating the purpose for travel to Illinois and the date the applicant's non-immigrant visa expires.  The applicant shall also explain the need for the FOID Card or submit a waiver from this Part granted by the U.S. Attorney General.  Persons in Illinois on a non-immigrant visa must have permission from their government and the U.S. Attorney General to possess or transport firearms.

 

h)         The Department shall, as part of the application process, ask any questions necessary to determine whether the applicant is qualified to possess or receive a firearm, and deny a FOID application of any applicant who is prohibited by the Act from possessing or receiving a firearm.

 

i)          All FOID Cards issued shall remain the property of the Department.

 

j)          Applicants submitting fingerprints shall do so electronically by submitting a full set of fingerprints to the Department in an electronic format using a Live Scan vendor licensed by the Department of Financial and Professional Regulation.

 

k)         Upon receiving a Live Scan Fingerprint Transaction Control Number (TCN) from the licensed Live Scan vendor, the applicant may electronically complete and submit the FOID application to the Department.

 

(Source:  Amended at 48 Ill. Reg. 981, effective December 29, 2023)

 

Section 1230.25  Electronic Communication

 

a)         Upon development of a system that allows for electronic communication, the Department shall allow a person to elect to receive FOID Card related correspondence via email or text message and to opt out of first-class mail communication. 

 

1)         The person will be prompted to indicate how they wish to receive future communications, messages, and alerts using the applicant portal.

 

2)         In order to select email, text messaging, or both, the person must confirm a valid email address and cellular phone number through the applicant portal.

 

b)         The Department will require persons who select to receive FOID related electronic communication to consent to accept service by electronic means of all notices, orders, pleadings, and motions filed in this matter in lieu of service by certified or regular mail.

 

1)         The person will be prompted to accept electronic service using the applicant portal.

 

2)         Service shall be made upon the party's email address provided through the applicant portal. 

 

(Source:  Added at 46 Ill. Reg. 1057, effective December 21, 2021)

 

Section 1230.30  Duration, Renewal, and Expiration of FOID Card

 

a)         Duration.  A FOID Card shall expire 10 years from the date of issuance. 

 

1)         The date the FOID Card becomes active within the Department's online FOID/CCL system is designated as the date of issuance for purposes of this Part.

 

2)         If a person who possesses an FCCL or FOID Card with a Designator becomes subject to suspension or revocation under the Firearm Concealed Carry Act, but is otherwise qualified under this Act, their FOID Card will remain valid for its duration without interruption.

 

b)         Renewal

 

1)         A FOID Card will remain conditionally valid during the processing period provided that a completed renewal application with the required fees, including but not limited to, applicable processing fees, have been submitted to ISP prior to its expiration pursuant to Section 5 of the Act and the FOID Card is not subject to revocation pursuant to Section 8 or 8.2 of the Act.  FOID Card holders eligible for a paper application pursuant to subsection 1230.20(a)(2), may contact the Firearms Services Bureau,

 

2)         Conditional Renewal During a Gubernatorial Disaster Proclamation.  FOID Cards that expire during a Gubernatorial Disaster Proclamation issued pursuant to Section 7 of the Illinois Emergency Management Act [20 ILCS 3305] shall be considered conditionally renewed if: 

 

A)        a completed application for renewal is submitted to the Department pursuant to Section 5 of the Act while a statewide Gubernatorial Disaster Proclamation is in effect; and

 

B)        the FOID Card is not subject to revocation pursuant to the provisions of Section 8 or Section 8.2 of the Act. 

 

C)        Conditionally renewed FOID Cards shall remain valid until a new FOID Card is issued.

 

3)         Any conditionally renewed FOID Card shall be deemed valid for the purposes of possessing, transferring, and purchasing ammunition and firearms, unless the FOID Card is subject to revocation or suspension under Section 8 of this Act. 

 

4)         A FOID Card holder who is approved for a new or renewed FCCL shall have their FOID Card automatically renewed for 10 years from the time of approval of the FCCL.  No additional fee shall be charged for the renewal of the FOID Card. 

 

5)         If the FOID Card of an FCCL holder expires during the term of the FCCL, the FOID Card shall remain valid and the FCCL holder does not have to renew their FOID Card during the term of the FCCL.

 

6)         Effective January 1, 2023, at the time of a Firearm Transfer Inquiry pursuant to Section 3.1 of the Act, a FOID Card holder, who has previously provided a full set of fingerprints to the Department under this Act or the Firearm Concealed Carry Act, shall have their FOID Card remain active and be renewed for a period of 10 years from the date the Firearm Transfer Inquiry was approved so long as the FOID Card holder is not subject to revocation or suspension under the Act.

 

c)         Expiration

 

1)         The status of a FOID Card and FCCL, including but not limited to, the expiration date and whether the FOID Card or FCCL is active will be:

 

A)        maintained by the Department;

 

B)        reflected in the Department's online FOID/FCCL system and any federal online firearms tracking system pursuant to the requirements of Section 3.1 of the Act; and

 

C)        made available electronically to the applicant through the applicant portal; and

 

D)        made available electronically to persons authorized to access such information under either this Act or the Firearm Concealed Carry Act.

 

2)         Persons who surrender their FCCL pursuant to the Firearm Concealed Carry Act but remain qualified for a FOID Card under this Act, shall remain valid in the online FOID/FCCL system until the FOID Card expires or is cancelled, suspended or revoked.

 

(Source:  Amended at 46 Ill. Reg. 1057, effective December 21, 2021)

 

Section 1230.35  Possession and Validity of a FOID Card

 

a)         Possession

 

1)         Possession of either a valid FOID Card, FCCL, or FOID Card with Designator shall satisfy the requirements of Section 2(a) of the Act regarding possession of a FOID Card.

 

2)         A Designator will be added to the FOID Card to distinguish between persons with an active FOID Card only and persons with an active FOID Card and an FCCL.

 

3)         Possession of a valid FOID Card or FOID Card with Designator does not relieve the holder of the responsibility to comply with State and federal law as it pertains to acquiring or possessing firearms or firearms ammunition. 

 

4)         Upon the development of a system under which an electronic version of a FOID card can be displayed on a mobile telephone or other portable electronic device, the possession of such electronic version shall satisfy the requirements of Section 2(a) of the Act regarding possession of a FOID Card so long as the device contains all security features required by the Department to ensure the electronic version is current and accurate.

 

b)         Validity.  Prior to the sale or transfer of any firearms or firearms ammunition, if the FOID Card has no expiration date on its face or the FOID Card is expired, the validity of the purchaser's FOID Card under this Act must be checked on the Department's online FOID/FCCL system except as provided in subsection (b)(7) below. 

 

1)         Federally-licensed firearm dealers transferring a firearm are exempt from this requirement but must comply with the provisions set forth in Part 1235, Firearm Transfer Inquiry Program, of this Title. 

 

2)         These inquiry requirements apply equally to transfers involving new, used, and trade-in firearms.

 

3)         Inquiries made to the Department's online FOID/FCCL system do not exempt or otherwise relieve the person making such inquiry from compliance with any other State or federal laws or local ordinances.

 

4)         The seller will perform the inquiry by following the step-by-step instructions provided through the Department's online FOID/FCCL system.

 

5)         The Department shall determine the validity of the purchaser's FOID Card and provide a transaction approval number if the FOID Card is active. 

 

A)        The seller shall not complete the sale or otherwise transfer the firearm until a transaction approval number is provided by the Department.

 

B)        The seller must complete the transfer of all firearms within 30 days after the transaction approval number has been provided by the Department.

 

C)        If the purchaser's FOID Card is not active, the Department shall advise the seller.

 

6)         The purchaser and seller are required to comply with the requirements of Section 3b of the Act [430 ILCS 65/3(b)].

 

A)        Purchasers and/or sellers who elect to provide the Department with a record of the transfer, shall do so by completing the form available on the Department's website for this purpose.

 

B)        Completed transfer record forms will be attached to the purchaser's account within the Department's online FOID/FCCL system and retained for a period of not less than 20 years.

 

7)         If the FOID Card has an expiration date printed on its face and the card has not yet expired, the card shall be considered active for purposes of sale or transfer of firearms ammunition only and need not be checked in the Department's online FOID/FCCL system.  All FOID Cards must be checked in the Department's online FOID/FCCL system for the sale or transfer of firearms as provided in this subsection (b).

 

(Source:  Added at 46 Ill. Reg. 1057, effective December 21, 2021)

 

Section 1230.40  Sponsorship of a Minor

 

a)         Except as provided by Section 65/4(a)(2)(i-5) of the Act, applicants for a FOID Card under the age of 21 shall have the written consent of the applicant's parent or legal guardian to possess and acquire firearms and firearm ammunition, prior to issuance of a FOID Card.  If the consent is given by a legal guardian, a certified copy of the guardianship court order must be submitted with the application.  The parent or legal guardian providing consent shall file an affidavit with the Department, as prescribed by the Department (using the form available on the Department's website), stating that the parent/guardian is not prohibited from having a FOID Card under the Act.

 

b)         No applicant under age 21 will be granted a FOID Card if the applicant is prohibited from having a FOID Card under the Act.

 

c)         If the minor is not physically capable of signing the application because of age, disability or other cause, the parent or legal guardian providing consent must submit a copy of the minor's birth certificate.

 

(Source:  Amended at 46 Ill. Reg. 1057, effective December 21, 2021)

 

Section 1230.45  Firearm Serial Number System to Identify Firearms Reported Stolen

 

a)         Access to Illinois information online

 

1)         The Department will establish a component to its FOID/FCCL Online System for the purpose of searching stolen gun information as reported by law enforcement agencies which is derived from the Illinois Law Enforcement Agencies Data System (LEADS) and authorized for release to the public.

 

2)         This component shall be known as the ISP Stolen Firearms System.

 

3)         The serial or identification number assigned to a particular firearm by the manufacturer may not be unique; duplicates may exist.  The information contained within the system may not solely be used as a confirmation that any firearm is stolen.

 

4)         If the identifiers entered hit as a potential match to an active report, then the potential match must be verified with the law enforcement agency that reported the firearm theft within LEADS. 

 

b)         Searching the system

 

1)         Effective July 1, 2022, whenever a person sells or transfers a firearm under Section 3 of the Act [430 ILCS 65/3], the seller may access the ISP Stolen Firearms System and enter the firearm identification information for the firearm to be sold or transferred.

 

2)         Effective January 1, 2024, whenever a person sells or transfers a firearm under Section 3 of the Act [430 ILCS 65/3], the seller must access the ISP Stolen Firearms System and enter the firearm identification information for the firearm to be sold or transferred.

 

3)         Upon accessing the ISP Stolen Firearms System and submitting firearms identification information, the seller will receive a transaction number confirming that they accessed the system and will receive information regarding whether a potential match was identified. 

 

4)         Effective January 1, 2024, the seller must provide proof of the ISP Stolen Firearm System search and results therefrom to the purchaser prior to completing the sale or transfer. 

 

A)        A receipt printed from the ISP Stolen Firearms System with a transaction number shall serve as proof of the search.

 

B)        Both parties must retain a copy of the receipt printed from the ISP Stolen Firearms System as a part of the record required by Section 3(b) of the Act. 

 

5)         Only persons transferring a firearm may access the ISP Stolen Firearms System to search Illinois stolen gun information.

 

c)         Review of potential matches

 

1)         The Department will assign appropriate personnel to follow-up with the local law enforcement agency that reported the firearm theft within LEADS.

 

2)         The local law enforcement agency that reported the firearm theft within LEADS will cooperate with the Department to ensure any firearms transferred pursuant to Section 3(a-25) of the Act have not been reported stolen.

 

3)         The seller and buyer shall cooperate with the Department, as well as the local law enforcement agency that reported the firearm theft within LEADS, in any investigation they may commence regarding a potential match. 

 

(Source:  Added at 46 Ill. Reg. 6798, effective April 12, 2022)

 

Section 1230.50  Return of FOID Card – Applicant

 

a)         Suspension

 

1)         The Department will suspend the FOID Card pursuant to Section 8.3 of the Act, whenever the Department finds that a person to whom a FOID Card was previously issued is disqualified pursuant to:

 

A)        Section 8.2 of the Act as the result of a Protective Order and the duration of the disqualification is expected to be less than one year;

 

B)        Section 8(n) of the Act as the result of Felony Indictment; or

 

C)        Section 8(d) of the Act because the person is an Unlawful Drug Use if the person is prohibited under Illinois law from possessing firearms.

 

2)         Upon receiving notice of suspension, the FOID Card holder must comply with the Firearms Disposition Record (FDR) provisions of Section 9.5 of the Act and shall surrender the FOID Card to the law enforcement agency or person listed on the FDR regardless of whether the FOID Card holder owns or possesses firearms.

 

A)        A copy of the required Firearm Disposition Record can be found on the Department's website.

 

B)        A person whose FOID Cards was confiscated by law enforcement or the court must submit documentation of the confiscation with the Firearm Disposition Record.

 

C)        A person subject to Section 9.5 of the Act due to a suspension shall either surrender assault weapons, assault weapon attachments, .50 caliber rifles, and .50 caliber cartridges to a law enforcement agency for the duration of the suspension or transfer such items to a person authorized to purchase and possess such 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].

 

i)          Assault weapons, assault weapon attachments, .50 caliber rifles, .50 caliber cartridges, and large capacity ammunition feeding devices transferred to another person as the result of a suspension may not be returned upon reinstatement of the FOID Card.

 

ii)         Assault weapons, assault weapon attachments, .50 caliber rifles, .50 caliber cartridges, and large capacity ammunition feeding devices may only be returned by a law enforcement agency to whom such items were surrendered. 

 

iii)        If the owner surrenders possession to a law enforcement agency and intends to appeal the suspension 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. 

 

•           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.

 

•           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.

 

•           If the appeal has not been exhausted within 180 days of the suspension, the owner must provide proof that the appeal is still pending at least every 30 days until the appeal has been exhausted.

 

iv)        Notwithstanding any other provision to the contrary, any items surrendered to law enforcement for safekeeping pursuant to a FOID Card suspension based upon 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.

 

3)         The suspended FOID Card shall be invalid for the duration of the disqualification and suspension, including but not limited to, prohibiting the possession, purchase, sale, transfer or exchange of firearms and firearms ammunition.

 

4)         The FOID Card holder shall provide written notification to the Department upon conclusion of the disqualification. 

 

5)         After verifying the conclusion of the disqualification, the Department will provide written notice and reinstate the FOID Card.

 

6)         The FOID Card holder may appeal the suspension consistent with the provisions of Section 10 of the Act and Section 1230.70 of this Part.

 

b)         Revocation

 

1)         Whenever the Department finds that a person to whom a FOID Card was previously issued is disqualified pursuant to Section 8 or 8.2 of the Act other than as the result of a disqualification as provided in subsection (a)(1), the Department may revoke and seize the FOID Card.

 

2)         Upon receiving notice of revocation, the FOID Card holder must comply with the provisions of Section 9.5 of the Act in its entirety. 

 

A)        A copy of the required Firearm Disposition Record can be found on the Department's website. 

 

B)        Individuals whose FOID Cards were confiscated by law enforcement or the courts must submit documentation of the confiscation with the Firearm Disposition Record.

 

C)        A person subject to Section 9.5 of the Act due to a revocation shall either surrender assault weapons, assault weapon attachments, .50 caliber rifles, and .50 caliber cartridges to a law enforcement agency for the duration of the revocation or transfer such items to a person authorized to purchase and possess such 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].

 

i)          Assault weapons, assault weapon attachments, .50 caliber rifles, .50 caliber cartridges and large capacity ammunition feeding devices transferred to another person as the result of a revocation may not be returned upon reinstatement of the FOID Card.

 

ii)         Assault weapons, assault weapon attachments, .50 caliber rifles, .50 caliber cartridges, and large capacity ammunition feeding devices may only be returned by a law enforcement agency to whom such items were surrendered upon reinstatement of the FOID Card. 

 

iii)        If the owner surrenders possession to a law enforcement agency and intends to appeal the revocation 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.

 

•           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.

 

•           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.

 

•           If the appeal has not been exhausted within 180 days of the revocation, the owner must provide proof that the appeal is still pending at least every 30 days until the appeal has been exhausted.

 

iv)        Notwithstanding any other provision to the contrary, any items surrendered to law enforcement for safekeeping pursuant to a FOID Card revocation based upon 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.

 

3)         The FOID Card holder may appeal the revocation consistent with the provisions of Section 10 of the Act and Section 1230.70 of this Part.

 

c)         Canceled. Pursuant to Section 8.4 of the Act, individuals who are not prohibited by State or federal law from acquiring or possessing a firearm or firearm ammunition may cancel their FOID Cards for administrative purposes.

 

1)         The Department will, at the FOID Card holder's request, cancel a FOID Card whenever an individual reports to the Department that:

 

A)        they have surrendered their Illinois driver's license or Illinois Identification Card to another jurisdiction;

 

B)        their FOID Card has been lost, stolen, or destroyed; or

 

C)        they no longer wish to possess a FOID Card.

 

2)         If an applicant's payment is rejected due to insufficient funds and the applicant fails to pay all required fees, then the Department will cancel the applicant's FOID Card.

 

3)         FOID Cards that are canceled are not subject to the requirements of Section 9.5 of the Act but must be destroyed or surrendered to law enforcement.

 

d)         Notwithstanding the provisions of this Section, the Department will comply with any court order to the contrary that is not void as a matter of law.

 

(Source:  Amended at 48 Ill. Reg. 2881, effective February 8, 2024)

 

Section 1230.60  Return of Revoked FOID Card – Other

 

Any criminal justice system employee or firearm or ammunition retailer who takes possession of a revoked FOID Card shall return the revoked card to the Illinois State Police, Firearms Services Bureau, within 10 business days.

 

(Source:  Amended at 38 Ill. Reg. 2301, effective December 31, 2013)

 

Section 1230.65  Possession and Transfer of Items Regulated by Sections 24-1.9 or 24-1.10 of the Criminal Code of 2012

 

a)         All transfers of an assault weapon, assault weapon attachment, .50 caliber rifle, .50 caliber cartridge, or large capacity ammunition feeding device, shall be made in accordance with 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].

 

b)         If a person is in possession of an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge, and the person fails to comply with any applicable electronic endorsement affidavit filing requirements, the person shall either surrender the possession of the items to a law enforcement agency or transfer possession of the items to a person authorized to purchase and possess such 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]. 

 

c)         If a person's FOID Card is revoked, suspended or canceled while in possession of an assault weapon, assault weapon attachment, .50 caliber rifle, .50 caliber cartridge, or large capacity ammunition feeding device, the person shall either surrender possession to a law enforcement agency or transfer possession of the items to a person authorized to purchase and possess such 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].

 

1)         If the owner surrenders possession to a law enforcement agency and intends to appeal the revocation or suspension 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. 

 

A)        If the appeal is successful, the items surrendered shall be returned to the owner who surrendered possession in the condition in which it was surrendered.

 

B)        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.

 

C)        If the appeal has not been exhausted within 180 days of the suspension, the owner must provide proof that the appeal is still pending at least every 30 days until the appeal has been exhausted.

 

2)         Notwithstanding any other provision to the contrary, any items surrendered to law enforcement for safekeeping pursuant to a FOID Card suspension or revocation based upon 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.

 

d)         If transfer of an assault weapon, assault weapon attachment, .50 caliber rifle, .50 caliber cartridge, or large capacity ammunition feeding device is required, transfer shall be made to:

 

1)         Peace officers;

 

2)         Qualified law enforcement and retirees;

 

3)         Federal, State, or local law enforcement agencies;

 

4)         Wardens, superintendents, and keepers of correctional institutions;

 

5)         Armed security personnel in this State at a nuclear energy, storage, weapons, or development site or facility regulated by the federal Nuclear Regulatory Commission;

 

6)         Private security personnel licensed under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004 [225 ILCS 447]; 

 

7)         Members of the Armed Services or Reserve Forces of the United States or the Illinois National Guard;

 

8)         Any Department or Agency of the United States government;

 

9)         An individual residing in and maintaining possession in another state; or

 

10)       An FFL for export to another state or for sale to exempt individuals.

 

e)         Whenever an assault weapon, assault weapon attachment, .50 caliber rifle, .50 caliber cartridge, or large capacity ammunition feeding device is transferred to a person authorized to purchase and possess such 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], the person or FFL making the transfer shall confirm the identity and eligibility of the person receiving the items. 

 

1)         The person or FFL making the transfer must obtain a copy of a current or retired employment identification card, a letter from the employing agency on official letterhead, or any similar official instrument used to confirm employment and identity.

 

2)         A copy of the proof of eligibility must be maintained as a part of the transfer record required by Section 3(b) of the Act.

 

3)         If the transfer is completed by an FFL, a copy of the proof of eligibility shall be attached to the ATF Form 4473.

 

f)         A person in possession of an assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge consistent with the exemptions set forth in 720 ILCS 5/24-1.9(e)(i) through (v) for shooting competition events and practice, non-residents, hunting consistent with the Wildlife Code, and entertainment props, are not required to provide proof of an endorsement affidavit while engaged in the conduct set forth in the exemptions. 

 

g)         A person who has completed endorsement affidavit(s), may possess the items set forth in the endorsement affidavit(s) in any of the locations set forth in 720 ILCS 5/24-1.9(d) including:

 

1)         on private property owned or immediately controlled by the person;

 

2)         on private property that is not open to the public with the express permission of the person who owns or immediately controls such property;

 

3)         while on the premises of a licensed firearms dealer or gunsmith for the purpose of lawful repair;

 

4)         while engaged in the legal use of the assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge at a properly licensed firing range or sport shooting competition venue; or

 

5)         while traveling to or from these locations, provided that the assault weapon, assault weapon attachment, or .50 caliber rifle is unloaded and the assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge is enclosed in a case, firearm carrying box, shipping box, or other container.

 

h)         Pursuant to the provisions of 720 ILCS 24-1.9(d) and 720 ILCS 24-1.10(d), assault weapons, .50 caliber rifles, and large capacity ammunition feeding devices may be temporarily surrendered to an FFL or gunsmith for repairs regardless of the duration of the repairs.  Any FFL or gunsmith making repairs pursuant to these provisions may order the parts necessary to complete such repairs and return the items to their owner upon completion of the repairs regardless of the duration of the repairs so long as the repairs do not include the purchase of additional assault weapon attachments beyond those necessary to make the item functional again.

 

(Source:  Added at 48 Ill. Reg. 2881, effective February 8, 2024)

 

Section 1230.70  Record Challenge

 

Any person who wishes to challenge the record serving as the basis for the denial of a FOID Card application or revocation or suspension of a FOID Card as provided in Section 10(a-10) of the Act must first submit a Request for FOID Investigation, Relief, and Reinstatement of Rights form, which is available on the Department's website at https://isp.illinois.gov/FirearmsSafety/Forms, within 60 days after the date appearing on the FOID Card application denial notice or a FOID Card revocation notice.

 

a)         Record Challenges

 

1)         The record challenger must provide the Department with all information requested pursuant to the FOID Records Challenge Requirements/Checklist available on the Department's website at https://isp.illinois.gov/FirearmsSafety/Forms;

 

2)         any other reasonable documentation requested by the Department related to the determination of the record challenge.

 

3)         Documentation should be submitted to:

 

            Illinois State Police

            Office of Firearms Safety

            801 South 7th Street, Suite 600-S

            Springfield, IL 62703

 

            or via e-mail to:

            ISP.FOID.Appeals@illinois.gov and 

 

4)         Upon receiving complete documentation for the record challenge, the Department will investigate the circumstances surrounding the denial or revocation action. If the Director is satisfied that the record challenger does not meet one of the grounds for denial and revocation under Section 8 of the Firearms Owners Identification Card Act, then the Director or the Director's designee will approve the record challenge.

 

b)         FOID Card holders or applicants who wish to appeal the denial of a FOID Card application or the revocation of a FOID Card pursuant to Section 8(c) or 8(n) of the Act due to either a federal conviction or an out of state conviction must contact the jurisdiction of conviction for relief. The Director may not grant relief for these firearms prohibitors.

 

c)         The record challenge process will not begin until the Department has received all the required documentation. If a record challenger fails to provide all of the required documentation within 60 days, the record challenge will be denied and closed.

 

d)         Once five years have passed since a voluntary mental health admission or a clear and present designation has been made, pursuant to Section 8.1(d) of the Act, the petitioner must have received a mental health evaluation by a physician, clinical psychologist, or qualified examiner as defined in the Mental Health and Developmental Disabilities Code [405 ILCS 5] and received a certification that he or she is not a clear and present danger to himself or herself or others to be eligible to receive a FOID Card. Applicants who do not have the required certification may not request relief. The decision to deny an application serves as a final administrative decision and shall be subject to judicial review under the provisions of the Administrative Review Law pursuant to Section 11 of the Act.

 

e)         Individuals with felony convictions required to seek relief before the circuit court pursuant to Section 10(a) of the Act may petition in writing the circuit court in the individual's county of residence for a hearing unless the individual no longer resides in Illinois. Out of State residents may petition in writing the circuit court in the county of conviction. The Director may not grant relief for felony convictions that are within the jurisdiction of the courts pursuant to Section 10(a) of the Act, unless directed to do so by a court with appropriate jurisdiction.

 

f)         Effective January 1, 2023, pursuant to Section 10(a-5) of the FOID Act, the Board shall consider any appeal under subsection (a) beginning January 1, 2023, other than an appeal directed to the circuit court and except when the applicant is challenging the record upon which the decision to deny or revoke was based as provided in subsection (a-10).  The Department shall process all decisions of the Board. This shall include:

 

1)         Sending correspondence to the FOID Card holder or applicant;

 

2)         Updating the FOID Card holder or applicant's status within the Department's online FOID/FCCL system; and

 

3)         Sending new or replacement FOID Cards as ordered by the Board.

 

g)         If the Director or the Director's designee denies a record challenge under subsection (a), pursuant to Section 10(a-10) of the Act, the petitioner cannot request an administrative hearing but rather, the Director shall render a final administrative decision, which shall be subject to judicial review under the provisions of the Administrative Review Law pursuant to Section 11 of the Act.

 

h)         In the event a final administrative decision is rendered and the record challenge is denied, a new application from the petitioner will not be accepted until two years have passed since the date of the last denial unless directed to do so by a court with appropriate jurisdiction.

 

(Source:  Amended at 47 Ill. Reg. 2431, effective February 3, 2023)

 

Section 1230.75  Request for Relief

 

If relief is granted by a court with appropriate jurisdiction or the FOID Card Review Board, the Department shall reinstate the petitioner's firearms rights, issue a FOID Card, and update, correct, modify, or remove the person's record in any database that the Illinois State Police makes available to the National Instant Criminal Background Check System to reflect that the basis for the firearms prohibitor for which relief has been granted no longer applies within 15 business days after of the relief decision. [430 ILCS 65/10]

 

(Source:  Section transferred to 20 Ill. Adm. 3500.20 at 47 Ill. Reg. 2474; added at 48 Ill. Reg. 2881, effective February 8, 2024)

 

Section 1230.80  Judicial Review

 

If a court with appropriate jurisdiction denies an individual's request for relief from a firearms prohibitor, either upon direct appeal or upon administrative review of the Director's or the FOID Card Review Board's denial, a new application from the individual will not be accepted until two years have passed since the date relief was denied unless directed to do so by a court with appropriate jurisdiction.

 

(Source:  Section repealed at 38 Ill. Reg. 2301, effective December 31, 2013; added at 48 Ill. Reg. 2881, effective February 8, 2024)

 

Section 1230.90  Certification (Repealed)

 

(Source:  Repealed at 38 Ill. Reg. 2301, effective December 31, 2013)

 

Section 1230.100  Reduction of Remittance (Repealed)

 

(Source:  Repealed at 38 Ill. Reg. 2301, effective December 31, 2013)

 

Section 1230.110  Retention of Remittance

 

Application fees relating to denied applications will not be refunded.

 

(Source:  Added at 22 Ill. Reg. 16629, effective September 8, 1998)

 

Section 1230.120  Clear and Present Danger Reporting

 

a)         Physicians, clinical psychologists and qualified examiners shall report determinations of a clear and present danger to the Department by making notification to the Department of Human Services in the form and manner prescribed at Section 6-103.3 of the Mental Health and Developmental Disabilities Code [405 ILCS 5].  Such reports shall be maintained in accordance with subsections (e) and (f).

 

b)         Law enforcement officials and school administrators shall report determinations of a clear and present danger directly to the Department.  The Department shall make a form and instruction for the reporting available to law enforcement officials and school administrators on its website.  Such reports shall be maintained in accordance with subsections (e) and (f).

 

1)         Clear and present danger reports shall be reviewed by the Department to deny a FOID card application or revoke a FOID card under Section 8(f) or 8.1(d) of this Act.

 

2)         Clear and present danger reporting shall be made consistent with the Family Educational Rights and Privacy Act (20 USC 1232g) to assist the Department with protecting the health and safety of the public by denying persons who present a clear and present danger from having lawful access to weapons.

 

c)         When five years have passed since the date of the incident giving rise to the clear and present danger, an individual whose FOID card application was denied or FOID card was revoked pursuant to Section 8(f) of the Act, will be issued a FOID card, so long as there have been no new clear and present danger reports filed in the interim and the applicant otherwise meets the requirements of the FOID Act, upon submitting:

 

1)         a new application;

 

2)         a mental health evaluation by a physician, clinical psychologist, or qualified examiner as defined in the Mental Health and Developmental Disabilities Code [405 ILCS 5]; and

 

3)         a certification from the physician, clinical psychologist or qualified examiner that the individual is not a clear and present danger to himself, herself, or others.

 

d)         All other requests for reinstatement after denial or revocation pursuant to a clear and present danger report shall be treated as a request for relief pursuant to Section 10(f) of the Act and must be made consistent with Section 1230.75 of this Part.

 

e)         When the report does not meet the definition of "clear and present danger" in Section 1.1 of the Act the Department shall maintain records of clear and present danger reporting for a period of five years from when the clear and present danger report is received.

 

f)         When a denial or revocation is warranted under Section 8(f) of the Act, the Department shall maintain records of clear and present danger reporting.

 

(Source:  Amended at 46 Ill. Reg. 19237, effective November 21, 2022)




 

Section 1230.APPENDIX A   List of Assault Weapons Subject to an Endorsement Affidavit

 

a)         This list is consistent with the definition of "assault weapon" as set forth in Section 24-1.9 of the Criminal Code of 2012, and includes, but is not limited to, the copies, duplicates, variants, and altered facsimiles of the assault weapons identified in paragraphs (J), (K), and (L) of subdivision (1) of subsection (a).  [720 ILCS 5/24-1.9]

 

b)         This list is not intended to permit the possession of a firearm that meets the definition of assault weapon as defined by Subsection 24-1.9(a)(1) unless the person in possession has complied with the endorsement affidavit requirements of the Act.

 

1)         A semiautomatic rifle that has the capacity to accept a detachable magazine or that may be readily modified to accept a detachable magazine, if the firearm has one or more of the following:

 

A)        a pistol grip or thumbhole stock;

 

B)        any feature capable of functioning as a protruding grip that can be held by the non-trigger hand;

 

C)        a folding, telescoping, thumbhole, or detachable stock, or a stock that is otherwise foldable or adjustable in a manner that operates to reduce the length, size, or any other dimension, or otherwise enhances the concealability of, the weapon;

 

D)        a flash suppressor;

 

E)        a grenade launcher;

 

F)         a shroud attached to the barrel or that partially or completely encircles the barrel, allowing the bearer to hold the firearm with the non-trigger hand without being burned, but excluding a slide that encloses the barrel.

 

2)         A semiautomatic rifle that has a fixed magazine with the capacity to accept more than 10 rounds of the maximum identified chambered size round, except for an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition. 

 

3)         A semiautomatic pistol that has the capacity to accept a detachable magazine or that may be readily modified to accept a detachable magazine, if the firearm has one or more of the following:

 

A)        a threaded barrel;

 

B)        a second pistol grip or another feature capable of functioning as a protruding grip that can be held by the non-trigger hand;

 

C)        a shroud attached to the barrel or that partially or completely encircles the barrel, allowing the bearer to hold the firearm with the non-trigger hand without being burned, but excluding a slide that encloses the barrel;

 

D)        a flash suppressor;

 

E)        the capacity to accept a detachable magazine at some location outside of the pistol grip; or

 

F)         a buffer tube, arm brace, or other part that protrudes horizontally behind the pistol grip and is designed or redesigned to allow or facilitate a firearm to be fired from the shoulder.

 

4)         A semiautomatic pistol that has a fixed magazine with the capacity to accept more than 15 rounds of the maximum identified chambered size round. 

 

5)         Any shotgun with a revolving cylinder.

 

6)         A semiautomatic shotgun that has one or more of the following:

 

A)        a pistol grip or thumbhole stock;

 

B)        any feature capable of functioning as a protruding grip that can be held by the non-trigger hand;

 

C)        a folding or thumbhole stock;

 

D)        a grenade launcher;

 

E)        a fixed magazine with the capacity of more than 5 rounds; or

 

F)         the capacity to accept a detachable magazine.

 

7)         Any semiautomatic firearm that has the capacity to accept a belt ammunition feeding device.

 

8)         Any firearm that has been modified to be operable as an assault weapon as defined in this Section.

 

9)         Any part or combination of parts designed or intended to convert a firearm into an assault weapon, including any combination of parts from which an assault weapon may be readily assembled if those parts are in the possession or under the control of the same person.

 

10)       All of the following rifles, copies, duplicates, variants, or altered facsimiles with the capability of any such weapon:

 

A)        All AK types, including the following:

 

i)          AK, AK47, AK47S, A-74, AKM, AKS, ARM, MAK90, MISR, NHM90, NHM91, SA85, SA93, Vector Arms AK-47, VEPR, WASR-10, and WUM.

 

ii)         IZHMASH Saiga AK.

 

iii)        MAADI AK47 and ARM.

 

iv)        Norinco 56S, 56S2, 84S, and 86S.

 

v)         Poly Technologies AK47 and AKS.

 

vi)        SKS with a detachable magazine.

 

B)        All AR types, including the following:

 

i)          AR-10

 

ii)         AR-15

 

iii)        Alexander Arms Overmatch Plus 16.

 

iv)        Armalite M15 22LR Carbine.

 

v)         Armalite M15-T.

 

vi)        Barrett REC7.

 

vii)       Beretta AR-70.

 

viii)      Black Rain Ordnance Recon Scout.

 

ix)        Bushmaster ACR.

 

x)         Bushmaster Carbon 15.

 

xi)        Bushmaster MOE series.

 

xii)       Bushmaster XM15.

 

xiii)      Chiappa Firearms MFour rifles.

 

xiv)      Colt Match Target rifles.

 

xv)       CORE Rifle Systems CORE15 rifles.

 

xvi)      Daniel Defense M4A1 rifles.

 

xvii)     Devil Dog Arms 15 Series rifles.

 

xviii)    Diamondback DB15 rifles.

 

xix)      DoubleStar AR rifles.

 

xx)       DPMS Tactical rifles.

 

xxi)      DSA Inc. ZM-4 Carbine.

 

xxii)     Heckler & Koch MR556.

 

xxiii)    High Standard HSA-15 rifles.

 

xxiv)    Jesse James Nomad AR-15 rifle.

 

xxv)     Knight's Armament SR-15

 

xxvi)    Lancer L15 rifles.

 

xxvii)   MGI Hydra Series rifles.

 

xxviii)  Mossberg MMR Tactical rifles.

 

xxix)    Noreen Firearms BN 36 rifle.

 

xxx)     Olympic Arms.

 

xxxi)    POF USA P415.

 

xxxii)   Precision Firearms AR rifles.

 

xxxiii)  Remington R-15 rifles.

 

xxxiv)  Rhino Arms AR rifles.

 

xxxv)   Rock River Arms LAR-15 or Rock River Arms LAR-47.

 

xxxvi)  Sig Sauer SIG516 rifles and MCX rifles.

 

xxxvii) Smith & Wesson M&P15 rifles.

 

xxxviii) Stag Arms AR rifles.

 

xxxix)  Sturm, Ruger & Co. SR556 and AR-556 rifles.

 

xl)        Uselton Arms Air-Lite M-4 rifles.

 

xli)       Windham Weaponry AR rifles.

 

xlii)      WMD Guns Big Beast.

 

xliii)     Yankee Hill Machine Company, Inc. YHM-15 rifles.

 

C)        Barrett M107A1.

 

D)        Barrett M82A1.

 

E)        Beretta CX4 Storm.

 

F)         Calico Liberty Series.

 

G)        CETME Sporter.

 

H)        Daewoo K-1, K-2, Max 1, Max 2, AR 100, and AR 110C.

 

I)         Fabrique Nationale/FN Herstal FAL, LAR, 22 FNC, 308 Match, L1A1 Sporter, PS90, SCAR, and FS2000.

 

J)         Feather Industries AT-9.

 

K)        Galil Model AR and Model ARM.

 

L)        Hi-Point Carbine.

 

M)       HK-91, HK-93, HK-94, HK-PSG-1, and HK USC.

 

N)        IWI TAVOR, Galil ACE rifle.

 

O)        Kel-Tec Sub-2000, SU-16, and RFB.

 

P)         SIG AMT, SIG PE-57, Sig Sauer SG 550, Sig Sauer SG 551, and SIG MCX.

 

Q)        Springfield Armory SAR-48.

 

R)        Steyr AUG.

 

S)         Sturm, Ruger & Co. Mini-14 Tactical Rifle M-14/20CF.

 

T)         All Thompson rifles, including the following:

 

i)          Thompson M1SB.

 

ii)         Thompson T1100D.

 

iii)        Thompson T150D.

 

iv)        Thompson T1B.

 

v)         Thompson T1B100D.

 

vi)        Thompson T1B50D.

 

vii)       Thompson T1BSB.

 

viii)      Thompson T1-C.

 

ix)        Thompson T1D.

 

x)         Thompson T1SB.

 

xi)        Thompson T5.

 

xii)       Thompson T5100D.

 

xiii)      Thompson TM1.

 

xiv)      Thompson TM1C.

 

U)        UMAREX UZI rifle.

 

V)        UZI Mini Carbine, UZI Model A Carbine, and UZI Model B Carbine.

 

W)       Valmet M62S, M71S, and M78.

 

X)        Vector Arms UZI Type.

 

Y)        Weaver Arms Nighthawk.

 

Z)        Wilkinson Arms Linda Carbine.

 

11)       All of the following pistols, copies, duplicates, variants, or altered facsimiles with the capability of any such weapon thereof:

 

A)        All AK types, including the following:

 

i)          Centurion 39 AK pistol.

 

ii)         CZ Scorpion pistol.

 

iii)        Draco AK-47 pistol.

 

iv)        HCR AK-47 pistol.

 

v)         IO Inc. Hellpup AK-47 pistol.

 

vi)        Krinkov pistol.

 

vii)       Mini Draco AK-47 pistol.

 

viii)      PAP M92 pistol.

 

ix)        Yugo Krebs Krink pistol.

 

B)        All AR types, including the following:

 

i)          American Spirit AR-15 pistol.

 

ii)         Bushmaster Carbon 15 pistol.

 

iii)        Chiappa Firearms M4 Pistol GEN II.

 

iv)        CORE Rifle Systems CORE15 Roscoe pistol.

 

v)         Daniel Defense MK18 pistol.

 

vi)        DoubleStar Corporation AR pistol.

 

vii)       DPMS AR-15 pistol.

 

viii)      Jesse James Nomad AR-15 pistol.

 

ix)        Olympic Arms AR-15 pistol.

 

x)         Osprey Armament MK-18 pistol.

 

xi)        POF USA AR pistols.

 

xii)       Rock River Arms LAR 15 pistol.

 

xiii)      Uselton Arms Air-Lite M-4 pistol.

 

C)        Calico pistols.

 

D)        DSA SA58 PKP FAL pistol.

 

E)        Encom MP-9 and MP-45.

 

F)         Heckler & Koch model SP-89 pistol.

 

G)        Intratec AB-10, TEC-22 Scorpion, TEC-9, and TEC-DC9.

 

H)        IWI Galil Ace pistol, UZI PRO pistol.

 

I)         Kel-Tec PLR 16 pistol.

 

J)         All MAC types, including the following:

 

i)          MAC-10.

 

ii)         MAC-11.

 

iii)        Masterpiece Arms MPA A930 Mini Pistol, MPA460 Pistol, MPA Tactical Pistol, and MPA Mini Tactical Pistol.

 

iv)        Military Armament Corp. Ingram M-11.

 

v)         Velocity Arms VMAC.

 

K)        Sig Sauer P556 pistol.

 

L)        Sites Spectre.

 

M)       All Thompson types, including the following:

 

i)          Thompson TA510D.

 

ii)         Thompson TA5.

 

N)        All UZI types, including Micro-UZI.

 

12)       All of the following shotguns, copies, duplicates, variants, or altered facsimiles with the capability of any such weapon thereof:

 

A)        DERYA Anakon MC-1980, Anakon SD12.

 

B)        Doruk Lethal shotguns.

 

C)        Franchi LAW-12 and SPAS 12.

 

D)        All IZHMASH Saiga 12 types, including the following:

 

i)          IZHMASH Saiga 12.

 

ii)         IZHMASH Saiga 12S.

 

iii)        IZHMASH Saiga 12S EXP-01.

 

iv)        IZHMASH Saiga 12K.

 

v)         IZHMASH Saiga 12K-030.

 

vi)        IZHMASH Saiga 12K-040 Taktika.

 

E)        Streetsweeper.

 

F)         Striker 12.

 

b)         This list shall be available on the Illinois State Police website and shall be updated on the website no later than October 1, 2024, and every October 1st thereafter. 

 

(Source:  Added at 48 Ill. Reg. 2881, effective February 8, 2024)


 

Section 1230.APPENDIX B   List of Assault Weapons Approved for Hunting Use Expressly Permitted Under the Wildlife Code

 

a)         As used in this Appendix B:

 

1)         "Centerfire" means a gun that will only fire a round that contains the primer in the center of the cartridge and not in the rim of the cartridge. [520 ILCS 5/1.2aa]

 

2)         "Migratory game birds" means all wild species of ducks, geese, swans, doves, pigeons, cranes, rails, coots, gallinules, woodcocks, and snipes consistent with 50 CFR 20.11.

 

3)         "Near" means adjacent, nearby, or in close proximity.

 

4)         "Single shot" means a gun that is either manufactured or modified to only be capable of holding a total of one round in the magazine and chamber combined. Firearms shall be considered single shot if there is no magazine in possession of or near a hunter in the field, and the firearm can only hold a total of one round.  Assault rifles may be modified to be a single shot firearm, for example by removing the internal magazine springs and follower, using a plug to block the magazine tube, using a "0 round" magazine, or otherwise modifying the receiver or internal magazine of the rifle. "Single shot" does not include:

 

A)        A rifle in the possession of a person who is also in possession of or in close proximity to a magazine that would allow the rifle to be capable of holding more than one round; or

 

B)        A revolver. A gun shall be considered single shot if there is no magazine in the possession of or in close proximity to a hunter in the field and the gun can only hold a total of one round. [520 ILCS 5/1.2bb]

 

b)         This Appendix sets forth those weapons that are approved for hunting use expressly permitted under the Wildlife Code [520 ILCS 5] and was compiled in consultation with the Department of Natural Resources. [720 ILCS 5/24-1.9] This list is not exhaustive and is not intended to prohibit hunting with a firearm that otherwise meets the definition of assault weapon as defined by Section 24-1.9(a)(1) of the Criminal Code of 2012 [720 ILCS 5/24-1.9(a)(1)] if such firearm is in compliance with the hunting requirements within the Wildlife Code. 

 

1)         Shotguns as set forth in subsection (b)(12) are permitted for hunting cock pheasant, Hungarian partridge, bobwhite quail, wild turkey, crow, and migratory game birds if the shotgun meets the gauge or caliber, ammunition, and number of rounds limitations pursuant to the Wildlife Code and as set forth by the Illinois Department of Natural Resources in Title 17 of the Illinois Administrative Code.

 

2)         All assault weapons set forth in Section 1230.Appendix A are permitted for hunting raccoon, opossum, striped skunk, red fox, gray fox, bobcat, squirrels, and woodchuck (groundhog), coyote, cottontail and swamp rabbit, and wild swine if the weapon meets the gauge or caliber, ammunition, and number of rounds limitations pursuant to the Wildlife Code and as set forth by the Illinois Department of Natural Resources in Title 17 of the Illinois Administrative Code.

 

3)         All assault weapons set forth in Section 1230.Appendix A are permitted for hunting white tailed deer if the weapon meets the gauge or caliber, ammunition and centerfire single shot limitations pursuant to Section 2.25 of the Wildlife Code and as set forth by the Illinois Department of Natural Resources in Title 17 of the Illinois Administrative Code. Hunters may not be in possession of or near a magazine that can alter the rifle to no longer meet the definition of single shot.

 

4)         No assault weapon set forth in Section 1230.Appendix A is permitted for hunting beaver, badger, river otter, weasel, mink and muskrat.  For additional information regarding trapping of such wildlife please refer to the Wildlife Code and the administrative rules adopted by the Illinois Department of Natural Resources in Title 17 of the Illinois Administrative Code.

 

c)         Notwithstanding subsection (b), all assault weapons approved for hunting are subject to existing laws under the Wildlife Code [520 ILCS 5] and rules under Title 17 of the Illinois Administrative Code, including, but not limited to, the number of rounds permitted in, a magazine and chamber combined; the Illinois Department of Natural Resources site specific rules; caliber of weapon, type of ammunition, and circumstances under which the weapon can be used to hunt a specific species; and the season when wildlife may be taken.  (See also 17 Ill. Adm. Code 510, 530, 550, 570, 590, 650, 660, 675, 680, 690, 710, 715, 730, and 740).

 

d)         Notwithstanding subsections (b) and (c), possession of assault weapons must be compliant with the Protecting Illinois Communities Act (P.A. 102-1116) and the administrative rules required by such Act, including but not limited to the electronic endorsement affidavit requirement as set forth in Section 1230.15(b)(3).

 

e)         This list shall be updated annually in rule and will be available and updated regularly on the Illinois State Police website.

 

(Source:  Added at 48 Ill. Reg. 2881, effective February 8, 2024)

 

Section 1230.EXHIBIT A  Application for Firearm Owner's Identification Card (Form FOID-1.2) (Repealed)

 

(Source:  Repealed at 17 Ill. Reg. 18856, effective October 18, 1993)

 

Section 1230.EXHIBIT B  Certification (Repealed)

 

(Source:  Repealed at 17 Ill. Reg. 18856, effective October 18, 1993)