Can You Ever Get Your Gun Rights Back in Illinois?

 Posted on December 17, 2025 in Assault

Illinois has some of the strictest weapons laws in the nation, and a criminal conviction in Illinois can follow you long after the case is closed - especially when it costs you your gun rights. This can affect personal safety and fundamental constitutional rights.

In some cases, once firearm privileges are taken away, they are gone for good, even after completing probation, paying fines, and serving time. In other cases, some convictions allow an individual to have his or her firearm and Firearm Owner’s Identification (FOID) (430 ILCS 65/) rights restored.

While the process can be time-sensitive and full of legal complexities, understanding when restoration is possible and when it is permanently barred is crucial. A Rolling Meadows, IL criminal defense lawyer can help you determine whether you are eligible to have your gun rights reinstated, and, if so, the best way to proceed.

How Can You Lose Your Gun Rights in Illinois?

The loss of gun rights can occur under Illinois law, federal law, or both; however, the distinction between the two matters. Even if your state gun rights are restored, your federal gun rights may not be. The ways in which gun rights in Illinois are typically lost include:

• A felony conviction
• Certain misdemeanor convictions that involve violence
• A mental health commitment
• Revocation or denial of a FOID card
• A conviction for domestic violence
• Order of protection

Do You Have Gun Rights After a Felony Conviction?

Most felony convictions in Illinois will result in a lifetime prohibition on firearm possession. This includes violent and non-violent felony offenses, drug felony offenses, and financial or white-collar felonies. Even when a felony is later expunged or sealed under Illinois law, federal firearm prohibitions may still apply, so you should always involve an attorney in the equation to ensure you are not breaking the law.  

Can You Lose Your Gun Rights for a Misdemeanor?

While not all misdemeanor convictions will trigger a firearm ban, domestic battery, violations of an order of protection, certain assault or battery offenses, and stalking-related offenses do. Domestic violence misdemeanors may be especially severe because federal laws impose a permanent firearm ban for these offenses.  

What Are the Differences in FOID Card Suspension vs. Revocation?

Illinois residents must hold a valid FOID card to legally purchase or possess firearms. A FOID card revocation is a permanent loss of firearm rights, with a very difficult appeal involved to restore. A FOID suspension is temporary, with rights potentially returning after the stated period ends.

However, both the FOID card and all firearms must be surrendered to law enforcement within 48 hours, for both suspensions and revocations, and unlawful possession then becomes a felony. A firearm revocation, often due to felonies or domestic violence, makes one ineligible for a FOID card, leading to a revocation if one is already held.   

When and How Can You Get Your Gun Rights Back?

Some non-violent offenses allow restoration of gun rights following a statutory waiting period, provided all sentencing terms are completed, no new disqualifying offenses exist, and the offense is not federally prohibited. The waiting period is often five or more years with no new offenses, and it must be shown that public safety will not be jeopardized.  

A FOID revocation may be challenged through an administrative appeal, evidence showing rehabilitation and lack of danger, and mental health evaluations. The process goes through the Illinois State Police for the FOID card. Expungement or sealing does not automatically restore gun rights, although a pardon from the Illinois Governor could restore those rights.

Contact a Chicago, IL Criminal Defense Lawyer

If your gun rights were lost following a conviction in Illinois, an experienced Rolling Meadows, IL weapon crimes attorney from Hartsfield Law can potentially help you have those rights restored. Attorney Hartsfield has a very diverse background, which benefits his clients.

This includes representing defendants for the Will County Public Defender’s Office and teaching courses to pre-trial detainees at the Cook County Department of Corrections. To schedule your free consultation, call 312-345-1700.