Can a felon own a gun in Illinois?

Illinois prohibits firearm possession via its FOID (Firearm Owners Identification) card system — a FOID card is denied to anyone with a felony conviction. The Governor may restore firearm privileges through pardon power. Additionally, after certain conditions are met, a person may petition the circuit court or appeal to the Illinois State Police Director for FOID relief.

How can a felon restore gun rights in Illinois?

Apply for a gubernatorial pardon, petition the circuit court, or apply to the Director of Illinois State Police for FOID relief after 20+ years.

What is the waiting period for gun rights restoration in Illinois?

20 years since conviction with no subsequent felony or qualifying misdemeanor for FOID relief petition. Pardon has no fixed waiting period.

Are there exceptions to gun rights restoration in Illinois?

Persons convicted of forcible felonies are generally ineligible for FOID relief through the administrative process. Domestic violence convictions carry separate prohibitions.

Can a convicted felon get a FOID card in Illinois?

Yes, but it is very difficult. A convicted felon can petition the circuit court or appeal to the FOID Card Review Board for relief from the firearms disability. The primary requirement is that 20 years have passed since the conviction or release from incarceration with no subsequent felony or qualifying misdemeanor. Alternatively, a governor's pardon can restore FOID eligibility. As of 2026, a new diversion program also allows some first-time Class 4 weapons offenders to become eligible.

How long do I have to wait after a felony conviction to apply for FOID relief?

The statutory waiting period is 20 years since your conviction or since your release from incarceration, whichever is later. During this entire 20-year period, you must have no additional felony convictions or qualifying misdemeanor convictions. A governor's pardon can provide earlier relief with no fixed waiting period, but pardons are uncommon.

What is the FOID Card Review Board?

The FOID Card Review Board is an administrative body within the Illinois State Police that reviews appeals from persons whose FOID cards have been denied or revoked. It has jurisdiction over denials based on certain offenses (non-forcible felonies, mental health admissions, clear and present danger determinations). For forcible felonies, drug felonies (Class 2+), stalking, domestic battery, and weapons felonies, the Board cannot grant relief — a circuit court petition is required.

What is the difference between the FOID Card Review Board appeal and a circuit court petition?

The FOID Card Review Board is an administrative body with limited jurisdiction — it can only handle certain categories of denials. A circuit court petition is a judicial proceeding with broader jurisdiction that can handle all categories of disqualifications. The court applies a four-part test: (1) no forcible felony within 20 years, (2) not dangerous, (3) not contrary to public interest, and (4) consistent with federal law. The circuit court petition is the only option for forcible felonies, serious drug offenses, and certain other disqualifying convictions.

Does Illinois recognize firearm rights restored by another state?

It depends. Under Brown v. Illinois State Police (2021), the Illinois Supreme Court held that if another state automatically restored a person's civil rights (including firearms rights), Illinois must honor that restoration for FOID purposes. However, if the other state only partially restored rights or expressly excluded firearms, Illinois will deny the FOID application.

What is the new First-Time Weapon Offender Diversion Program?

Effective January 1, 2026, this program allows first-time offenders charged with Class 4 felony weapons offenses (the lowest felony level, typically for possessing a firearm without a FOID card) to enter a diversion program instead of facing prosecution. Upon successful completion, the charge is dismissed and the person can apply for a FOID card. This creates a new pathway to lawful firearm ownership for people whose only offense was a licensing issue.

Can I possess a firearm in my home without a FOID card in Illinois?

Illinois law has historically required a FOID card for all firearm possession, including in the home. However, in People v. Brown (2020), the Illinois Supreme Court questioned whether the FOID requirement could constitutionally apply to in-home possession. As of 2026, the legal landscape on this issue is still evolving. Regardless of this question, a felon in possession remains a separate criminal offense (720 ILCS 5/24-1.1) that applies even in the home.

How does a governor's pardon work for restoring gun rights in Illinois?

You submit a pardon application to the Illinois Prisoner Review Board, which investigates your case and makes a recommendation to the Governor. The Governor has sole discretion to grant or deny the pardon. If granted, the pardon must expressly authorize firearm possession to restore gun rights. A pardon that restores all civil rights (voting, jury service, holding office) may also satisfy the federal exception to the 18 U.S.C. 922(g)(1) prohibition.

Felon Gun Rights in Illinois

Must petition for restoration

No — if you have a felony conviction in Illinois or any other state, your FOID card will be automatically denied or revoked, and you cannot legally possess firearms or ammunition. You may petition the circuit court for relief, appeal to the FOID Card Review Board (for certain non-forcible felonies after 20 years), or seek a governor's pardon. As of 2026, a new diversion program may allow some first-time Class 4 weapons offenders to obtain a FOID card after completing the program.

Last updated: 2026-03-21

Overview

Illinois uses a unique Firearm Owners Identification (FOID) card system that controls all firearm possession and purchases. A FOID card is automatically denied to anyone with a felony conviction, making Illinois one of the most restrictive states for felon gun rights. Restoration pathways include a governor's pardon, a petition to the circuit court, or relief through the FOID Card Review Board — but each pathway is narrow and difficult. A new law effective January 1, 2026, creates a diversion program for first-time Class 4 weapons offenders that can lead to FOID eligibility upon successful completion.

Quick Answer

Federal Law — 18 USC 922(g)

The federal prohibition under 18 U.S.C. 922(g)(1) applies independently of Illinois law. A governor's pardon that restores civil rights (including the right to vote, hold office, and serve on a jury) may lift the federal ban — but only if the pardon does not expressly exclude firearms. FOID relief granted by the circuit court or the Review Board does NOT necessarily remove the federal prohibition, because Illinois does not 'restore civil rights' through the FOID process in the way federal law requires. Individuals who receive state FOID relief should separately evaluate their federal status. The DOJ's new 18 U.S.C. 925(c) process, expected to begin accepting applications in 2026, may provide a federal pathway.

Can restore gun rights

✓Persons convicted of non-forcible felonies who have been conviction-free for 20 years and can demonstrate they are not a danger to public safety (circuit court petition or FOID Card Review Board)
✓Persons who receive a governor's pardon specifically authorizing firearm rights
✓Persons whose felony convictions are reversed, vacated, or expunged
✓First-time Class 4 weapons offenders who successfully complete the new First-Time Weapon Offender Diversion Program (effective January 1, 2026)
✓Persons with qualifying out-of-state convictions where civil rights have been fully restored in the convicting state (under the Brown v. Illinois State Police framework)

Cannot restore gun rights

✗Persons convicted of a forcible felony (murder, voluntary manslaughter, sexual assault, robbery, burglary, arson, kidnapping, aggravated battery, or any other felony involving the use or threat of physical force) within the past 20 years
✗Persons convicted of any felony violation of the Illinois Controlled Substances Act, Methamphetamine Control Act, or Cannabis Control Act classified as a Class 2 or greater felony (court petition required; Review Board cannot grant relief)
✗Persons convicted of stalking, aggravated stalking, or domestic battery
✗Persons adjudicated as a delinquent minor for an offense that would be a felony if committed by an adult
✗Persons subject to an active order of protection or no-contact order
✗Persons adjudicated as mentally disabled or involuntarily committed within the past 5 years

Step-by-Step Process

Determine which relief pathway applies

Illinois has three main pathways: (1) Administrative appeal to the FOID Card Review Board (for non-forcible felonies, non-drug felonies, and offenses within the Board's jurisdiction); (2) Circuit court petition (required for forcible felonies, drug felonies Class 2+, stalking, domestic battery, and weapons felonies under Article 24); (3) Governor's pardon (available for all offenses, no jurisdictional limits). Determine which pathway applies to your specific conviction.

Gather documentation of rehabilitation

For any pathway, you will need evidence of rehabilitation: employment history, community involvement, character references, completion of any treatment programs, and a clean criminal record since your conviction. For the 20-year relief pathway, you must demonstrate no felony or qualifying misdemeanor convictions within the past 20 years.

File an appeal with the FOID Card Review Board (if eligible)

If your conviction falls within the Board's jurisdiction, submit a Request for FOID Appeal to the Illinois State Police. Email your appeal to FCRB.ReliefRequest@illinois.gov. The Board will review your application and may grant or deny relief. This is the simplest pathway but is only available for certain offenses.

Petition the circuit court (if required)

If your conviction requires court-ordered relief (forcible felonies, Class 2+ drug felonies, stalking, domestic battery, weapons violations), file a petition in the circuit court of the county where you reside. The court will evaluate whether: (1) you have not been convicted of a forcible felony within 20 years; (2) you are not likely to act in a manner dangerous to public safety; (3) restoring your rights would not be contrary to the public interest; and (4) granting relief would not violate federal law.

Apply for a governor's pardon (if other pathways are unavailable)

Submit an application to the Illinois Prisoner Review Board, which reviews pardon applications and makes recommendations to the Governor. The Governor has sole discretion to grant or deny pardons. There is no fixed timeline, and pardons for firearms restoration specifically are uncommon. The pardon must expressly authorize firearm possession.

Apply for a FOID card after relief is granted

Once you receive relief through any pathway, apply for a FOID card through the Illinois State Police Firearms Services Bureau online portal. You will undergo a background check. If relief was properly granted and recorded, the disqualifying conviction should be noted as resolved. Processing typically takes 30-60 days.

Waiting Period

The primary waiting period for FOID relief is 20 years since conviction, or 20 years since release from imprisonment if incarcerated, with no subsequent felony or qualifying misdemeanor during that period. For forcible felonies, this 20-year period is measured from the date of conviction or release from incarceration, whichever is later. A governor's pardon has no fixed waiting period. The new First-Time Weapon Offender Diversion Program (2026) has its own program completion timeline, after which participants can immediately apply for a FOID card.

Key Laws

Law	Year	Description
430 ILCS 65/ — Firearm Owners Identification Card Act	1968	The cornerstone of Illinois firearms regulation. Requires all persons who possess or purchase firearms or ammunition to hold a valid FOID card. Section 8 lists disqualifying conditions, including any felony conviction.
430 ILCS 65/10 — Relief and Appeal Provisions	1968 (amended multiple times)	Provides the mechanism for persons denied a FOID card to appeal to the Director of State Police (FOID Card Review Board) or petition the circuit court. Establishes the 20-year waiting period and the four-part test for relief: no forcible felony within 20 years, not dangerous, not contrary to public interest, not contrary to federal law.
P.A. 103-0822 — First-Time Weapon Offender Diversion Program	2026	Effective January 1, 2026. Creates a diversion program for first-time offenders charged with Class 4 felony weapons offenses (typically possessing a firearm without a valid FOID card). Successful completion allows participants to apply for a FOID card, creating a new path to lawful firearm ownership.
720 ILCS 5/24-1.1 — Unlawful Use or Possession of Weapons by Felons	1961 (amended multiple times)	Makes it a Class 2 or Class 3 felony for a person with a felony conviction to knowingly possess firearms, firearm ammunition, tasers, or stun guns. This is the criminal statute enforced against felons found in possession.
18 U.S.C. 922(g)(1) — Federal Felon-in-Possession Prohibition	1968	The federal law independently prohibiting firearm possession by anyone convicted of a crime punishable by more than one year of imprisonment. Applies in Illinois regardless of FOID status.

Edge Cases

Does FOID relief granted by the Review Board or circuit court remove the federal firearms prohibition?

Not necessarily. Illinois FOID relief is an administrative or judicial decision about state licensing — it does not 'restore civil rights' in the way required by federal law to trigger the exception in 18 U.S.C. 921(a)(20). A person who receives FOID relief may still be federally prohibited. Only a governor's pardon that fully restores civil rights (voting, jury service, holding office) may satisfy the federal exception. Consult a federal firearms attorney before purchasing a gun after FOID relief.

I was convicted of a felony in another state but now live in Illinois. Can I get a FOID card?

It depends on whether your civil rights were fully restored in the convicting state. Under the Illinois Supreme Court's ruling in Brown v. Illinois State Police (2021), if the convicting state automatically restored your civil rights (including firearms rights), Illinois may be required to issue a FOID card. However, if the convicting state only partially restored your rights, or if the restoration expressly excluded firearms, Illinois will deny the FOID application.

I completed the new First-Time Weapon Offender Diversion Program. Can I get a FOID card immediately?

Yes. Under the law effective January 1, 2026, successful completion of the diversion program allows you to apply for a FOID card immediately upon discharge. You can even begin the FOID application process during the program, so that the card is issued promptly upon completion. This only applies to first-time Class 4 felony weapons offenses — it does not apply to persons with prior felony convictions for other offenses.

I was convicted of a forcible felony more than 20 years ago. Can I get FOID relief?

Yes, but you must petition the circuit court — the FOID Card Review Board does not have jurisdiction over forcible felonies. The court will evaluate whether 20 years have passed since your conviction or release from incarceration (whichever is later), whether you have had no subsequent felony or qualifying misdemeanor convictions, whether you are not a danger to public safety, and whether restoration is in the public interest and consistent with federal law.

Does a cannabis conviction still disqualify me from getting a FOID card after Illinois legalized recreational cannabis?

If your conviction was for a felony violation of the Cannabis Control Act classified as Class 2 or greater, it still disqualifies you from a FOID card. Illinois cannabis legalization did not retroactively remove all cannabis-related firearms disabilities. However, you may be eligible for expungement or clemency for certain cannabis offenses under the Cannabis Regulation and Tax Act, which would remove the FOID disqualification.

Frequently Asked Questions

Can a convicted felon get a FOID card in Illinois?: Yes, but it is very difficult. A convicted felon can petition the circuit court or appeal to the FOID Card Review Board for relief from the firearms disability. The primary requirement is that 20 years have passed since the conviction or release from incarceration with no subsequent felony or qualifying misdemeanor. Alternatively, a governor's pardon can restore FOID eligibility. As of 2026, a new diversion program also allows some first-time Class 4 weapons offenders to become eligible.
How long do I have to wait after a felony conviction to apply for FOID relief?: The statutory waiting period is 20 years since your conviction or since your release from incarceration, whichever is later. During this entire 20-year period, you must have no additional felony convictions or qualifying misdemeanor convictions. A governor's pardon can provide earlier relief with no fixed waiting period, but pardons are uncommon.
What is the FOID Card Review Board?: The FOID Card Review Board is an administrative body within the Illinois State Police that reviews appeals from persons whose FOID cards have been denied or revoked. It has jurisdiction over denials based on certain offenses (non-forcible felonies, mental health admissions, clear and present danger determinations). For forcible felonies, drug felonies (Class 2+), stalking, domestic battery, and weapons felonies, the Board cannot grant relief — a circuit court petition is required.
What is the difference between the FOID Card Review Board appeal and a circuit court petition?: The FOID Card Review Board is an administrative body with limited jurisdiction — it can only handle certain categories of denials. A circuit court petition is a judicial proceeding with broader jurisdiction that can handle all categories of disqualifications. The court applies a four-part test: (1) no forcible felony within 20 years, (2) not dangerous, (3) not contrary to public interest, and (4) consistent with federal law. The circuit court petition is the only option for forcible felonies, serious drug offenses, and certain other disqualifying convictions.
Does Illinois recognize firearm rights restored by another state?: It depends. Under Brown v. Illinois State Police (2021), the Illinois Supreme Court held that if another state automatically restored a person's civil rights (including firearms rights), Illinois must honor that restoration for FOID purposes. However, if the other state only partially restored rights or expressly excluded firearms, Illinois will deny the FOID application.
What is the new First-Time Weapon Offender Diversion Program?: Effective January 1, 2026, this program allows first-time offenders charged with Class 4 felony weapons offenses (the lowest felony level, typically for possessing a firearm without a FOID card) to enter a diversion program instead of facing prosecution. Upon successful completion, the charge is dismissed and the person can apply for a FOID card. This creates a new pathway to lawful firearm ownership for people whose only offense was a licensing issue.
Can I possess a firearm in my home without a FOID card in Illinois?: Illinois law has historically required a FOID card for all firearm possession, including in the home. However, in People v. Brown (2020), the Illinois Supreme Court questioned whether the FOID requirement could constitutionally apply to in-home possession. As of 2026, the legal landscape on this issue is still evolving. Regardless of this question, a felon in possession remains a separate criminal offense (720 ILCS 5/24-1.1) that applies even in the home.
How does a governor's pardon work for restoring gun rights in Illinois?: You submit a pardon application to the Illinois Prisoner Review Board, which investigates your case and makes a recommendation to the Governor. The Governor has sole discretion to grant or deny the pardon. If granted, the pardon must expressly authorize firearm possession to restore gun rights. A pardon that restores all civil rights (voting, jury service, holding office) may also satisfy the federal exception to the 18 U.S.C. 922(g)(1) prohibition.

Take Action — Direct Links

Illinois State Police — FOID Card Application
Official portal for applying for, renewing, or checking the status of a Firearm Owners Identification Card.
Illinois State Police — FOID Card Review Board
Information on the FOID Card Review Board, including how to file an appeal, FAQs, and hearing schedules.
Illinois State Police — Request for FOID Appeal Form
Official form for requesting an appeal of a FOID card denial or revocation.
Illinois Prisoner Review Board — Clemency
Information on applying for a governor's pardon through the Illinois Prisoner Review Board.
Illinois Legal Aid Online — Gun License with a Criminal Record
Free legal information on how criminal records affect gun licensing in Illinois, including eligibility and the relief process.
CCRC — Illinois Restoration of Rights Profile
Comprehensive overview of Illinois rights restoration from the Collateral Consequences Resource Center.
DOJ — Federal Firearm Rights Restoration (925(c))
Information on the new federal firearms rights restoration process under 18 U.S.C. 925(c), expected to begin accepting applications in 2026.