Section 1230.50 Return of FOID Card – Applicant

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

nsistent 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

l 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

ving 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

nforcement 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

ive 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.