If the abuser has been convicted of a crime, can s/he keep or buy a gun?
Under Illinois state law, the Department of State Police has the power to deny an application for a Firearm Owner’s Identification Card, or to suspend or revoke one that was previously issued, if the applicant or holder of the card:
- has been convicted of a felony in any state or is a juvenile who was declared delinquent for an offense that would have been a felony if committed by an adult;
- has been convicted within the past five years of battery, assault, aggravated assault, violation of an order of protection, or a substantially similar offense, in which a firearm was used or possessed; or
- is under 21 and has been convicted of a misdemeanor other than a traffic offense.1
In addition, it is illegal for a convicted felon to have a firearm or ammunition:
- on his/her person – in other words, to carry it;
- on his/her land;
- in his/her home; or
- at his/her fixed place of business.2
Additionally, federal laws, which apply to all states, also restrict a person’s right to have a gun if s/he has been convicted of certain crimes. Go to Federal Gun Laws to get more information.
1 430 ILCS 65/8
2 720 ILCS 5/24-1.1(a)