I Have a valid FOID card – Why Was I Charged with a Weapons Offense?

In Illinois, the ownership and possession of firearms is a highly regulated activity. Gun owners are required to obtain a Firearms Owner Identification (FOID) card and are expected to follow strict guidelines in their use and storage of weapons. However, even with a valid FOID card, a person can still face criminal charges if they violate any of the state's firearms laws. Here are a few reasons why a valid FOID card holder in Illinois may be charged with a gun crime.

FOID Card Holders Can Be Charged with A Gun Crime

Having a valid FOID (Firearms Owner Identification) card allows a person to legally purchase a weapon and properly possess a weapon. However, a FOID card holder who does not have a concealed carry license must follow the laws that regulate how a weapon is carried. For example, a FOID card holder cannot carry a firearm concealed on their person. This means they cannot have a weapon holstered to their body, out of a carrying case inside their vehicle, or anywhere that the weapon is immediately accessible. 

In Illinois, a valid FOID holder who does not have a CCL and has a weapon inside of their vehicle must have the weapon either:

• broken down in a non-functioning state; or 

• not immediately accessible within the vehicle; or

• unloaded and enclosed in a case, firearm carrying box, shipping box, or other container. 

Someone with a valid FOID card can still be arrested and charged with a criminal offense if their weapon is not properly stored in their vehicle. Additional violations include carrying a firearm in a prohibited area, like a school or government building, or using a weapon in an unlawful or reckless manner.

What to Do When You’re Charged with A Gun Crime

If you’re an FOID owner in Illinois who has been charged with a gun crime, you’ll need to work with an experienced criminal defense attorney to understand the details of your charges and your potential options for creating a defense. Bernard Law’s criminal defense team is well-versed in the process of defending clients against a wide range of gun charges. We apply our experience to your case to create a defense that takes into account your unique circumstances. You may feel trapped by your criminal charge, but there are several paths you can take in your defense, from trying to have the charges dropped to pleading guilty to a lesser charge. We’ll help you determine the best way to protect your rights without disrupting your life.

For a free case evaluation, give our office a call at 312-772-4113.