Some people are under the misconception that if they have a FOID, they can carry concealed. This is NOT the law in Illinois. Even if you have a FOID card, you cannot carry your weapon concealed unless you are on your own land or in your own abode. By taking the time to review what this law means and speaking with a Chicago weapons defense attorney, you can protect yourself from the potential charges against you.
Watch Attorney Thomas T. Glasgow discuss the unlawful use of a weapon on YouTube.
Your FOID Card
A “FOID” card is a “Firearm Owner’s Identification card”. You cannot own a firearm if you do not have a FOID card. Or, for that matter, any ammunition. And, if you do, then you are breaking the law. Most people can get a FOID card very easily by applying for it online with the Illinois State Police. However, a FOID card is NOT a Concealed Carry card. It is the first step in obtaining a Concealed Carry Card. If you want to legally Conceal Carry a weapon, you will have other obligations to fulfill in order to obtain the license.
To better understand the Illinois licensing process, understand that obtaining a Concealed Carry is a two-step process. Think back to the Venn diagrams that we learned from our teachers when we went to primary school. All Concealed Carry holders have a FOID, but not all FOID holders have a Concealed Carry license. To put it simply, to own a weapon, you need a FOID card. To carry concealed in public, you need a Concealed Carry card.
In order to obtain a concealed carry card, then you must:
- Go through a sixteen-hour course centered on concealed carrying.
- Be qualified to use your weapon in a safe manner.
- Submit your fingerprints and request to the Concealed Carry Board.
- Go through another screening and be approved by the Concealed Carry Board which determines that based upon your qualifications, background, and psychology, you are a safe and responsible person who is not a danger to others and may legally conceal carry a weapon in the State of Illinois.
By doing every single one of the above, you may obtain a concealed carry license in Illinois. If it is granted, you can use your concealed carry license to carry a concealed weapon outside of your home/land and in public, subject to exceptions.
On the other hand, if you have a FOID card but not a concealed carry license, then you cannot carry a concealed weapon outside of your home/land. And, if you do so, you can face criminal penalties.
The Criminal Penalties Of Carrying A Concealed Weapon With A FOID Card
A person who is found guilty of carrying a concealed weapon, with just a FOID card and without a concealed carry license, will be charged with “unlawful use of a weapon.”
You can click here to learn more about the charge.
The penalties that can arise from an unlawful use of a weapon charge are as follows:
- A maximum sentence of one year in prison.
- A maximum fine of $2,500.
Someone who is charged with the unlawful use of a weapon for not possessing a concealed carry license may be sentenced to time in prison.
If you are being charged with the unlawful use of a weapon, then it is of the utmost importance that you speak with an attorney. By doing so, you can defend yourself from the charges against you.
Get Qualified Legal Help Today
If you need representation for a criminal charge, Glasgow & Olsson is uniquely qualified to help you.
Our team has helped thousands of people who have been charged with crimes in Illinois. When we take cases, we do so to win. This means we take cases to trial. We don’t arrange plea bargains unless it is in the best interest of our clients. As proactive lawyers, we fight aggressively and support our clients throughout their entire case up to and including appeals. Protecting your life and freedom is always the goal, and with our decades of experience practicing law, we know how to get results. This is why we are regularly invited to appear as a legal contributor on popular radio and news outlets, including ABC, CNN, NBC, CBS, and Fox NEWS.
When you need an attorney, experience matters. Speak with a Schaumburg defense attorney today to learn how our experience can get you the results you deserve.