Illinois’ FOID Card Review Board – A Year in Review

Unlike just about any other place in the country, in Illinois, residents are required to have a valid Firearm Owners’ Identification Card (commonly called a FOID). This card looks a lot like a driver’s license and there are a lot of ways to lose it. Prior to January 1, 2023, if someone had their FOID Card revoked or an application denied, they had two options for appealing. First, if the decision is based on a felony conviction or certain types of crimes (i.e. meth possession, cannabis-related offenses, etc.), they must take the matter directly to the local circuit court in their county of residence. But if it was for some other reason, they were usually required to first attempt a direct appeal to the Illinois State Police (ISP). Only if ISP failed to render a correct decision could they then take that matter to the courts. But all this changed on January 1, 2023, when the General Assembly amended the law to create a “FOID Card Review Board” (FCRB).

What is the FCRB?

For those with certain types of denials and revocations, they may take their appeal to a Board, which will review their appeal package and make a decision. The FCRB began reviewing cases about 2 to 3 months into 2023, to review incoming appeals. We previously wrote about the backlog that formed early in the year.

What is the FOID Card Review Board

The FCRB is a 7-member panel of civilians who make decisions about which Illinois citizens get to have firearms. Unless the reason for a FOID denial or revocation fall into one of a few exceptions, all appeals will now be submitted to the Board. A few exceptions are:

• Prior criminal convictions involving methamphetamine or cannabis
• Prior criminal convictions relating to violent felonies or domestic battery
• Situations in which the appellant is a member of law enforcement or active military

If any of the limited exceptions apply (not an exhaustive list), then the person must take their case directly to the local court in their county.

Procedures Before FCRB

Prior to January 1, 2023, appeals were handled by the Director of the Firearms Services Bureau. There were no hearings and no panel to make decisions. In fact, it is unknown who exactly at ISP was making final decisions. Many appeals sat unreviewed for months or even years.

Procedures After FCRB

In 2022, the Illinois General Assembly passed amendments to the FOID Act, which went into effect on January 1, 2023. The newly formed Board must meet at least quarterly, and it can hear cases remotely using WebX Video Conferencing.

According to State Police statistics, the Board did not begin evaluating appeals under February and even then, it is worth noting how backed up the Board was last year. Public reports show that the FCRB received 242 appeals that had been shifted from ISP to them for handling.

In February 2023, there were seven appeals filed for review with FCRB. Only one was granted, three were asked to provide more information, and three were given an opportunity to appear before the Board.  By March 2023, there were 13 appeals filed with the Board. Nine of those were granted, three were asked for additional information, and one requested more time after a denial.

This means that in the first three months after it was created, the FCRB granted 10 out of 20 appeals.  That is a 50% success rate.

Data and Decisions are Private

Under the FOID Act, at 430 ILCS 65/10(a-5)(0.05)(8), the statute reads as follows:

“Meetings of the Board shall not be subject to the Open Meetings Act and records of the Board shall not be subject to the Freedom of Information Act.”

And while the Board must report to the Governor monthly with information concerning the details and circumstances of the cases they hear, seemingly, the law does not permit the public to have any such information. There is no data on how many were represented by attorneys, nor does the Board provide statistics on the types of appeals (i.e. were they based on orders of protection, criminal convictions, felonies, mental health commitments, etc.?) 

In short, information concerning criminal charges, divorces, child custody, civil rights violations, ordinances, local government actions, workers’ compensation filings, and other similar types of legal matters are all made somewhat available, albeit often with privacy redactions. But when it comes to assessing how and why the FCRB makes its decisions, it’s a black hole. The public cannot assess whether these decisions are being fairly or consistently applied, nor can the public assess the success rates of applicants in different counties or with different types of revocations. 

Hire an Illinois Gun Lawyer

There are many people in Illinois who wish to keep and bear arms, and this is their right. Do not let the government take your Constitutional rights without a fight. At My Gun Lawyer, we are committed to the Second Amendment, and whether you decide to hire us to fight for you from start to finish or you decide to use one of our convenient DIY appeals packages, you can rest assured you are getting the most updated and informed assistance available.