Under Administrative Rules adopted December 21, 2021, your training certificate must now be submitted in order to receive a new license. We have begun to reject renewal applications as incomplete if they are missing training certificates. Rejection is NOT a denial. A rejection means your submission is incomplete and needs correction or additionional documentation. Return to your dashboard and make the required correction(s). Remember, per 430 ILCS 66/70 (c), your current license remains active if you submitted your renewal application BEFORE your expiration date. Finally, during the period of the disaster declaration, if your card expires but you subsequently submit an application for renewal, your card will be returned to active status while your application is being processed.
If your FOID/CCL expired on or after March 9, 2020: During the COVID-19 pandemic, and under administrative rules governing disaster declarations, FOID card holders and CCL card holders who submit their renewal applications will remain valid during the duration of the state's disaster proclamation and for a period of six months following the termination of the disaster, even if their renewal application is/was not submitted prior to expiration.
430 ILCS 65/3(a) - "Except as provided in Section 3a, no person may knowingly transfer, or cause to be transferred, any firearm, firearm ammunition, stun gun, or taser to any person within this State unless the transferee with whom he deals displays either: (1) a currently valid Firearm Owner's Identification Card which has previously been issued in his or her name by the Department of State Police under the provisions of this Act; or (2) a currently valid license to carry a concealed firearm which has previously been issued in his or her name by the Department of State Police under the Firearm Concealed Carry Act. In addition, all firearm, stun gun, and taser transfers by federally licensed firearm dealers are subject to Section 3.1."
430 ILCS 65/3(a-10) - "Notwithstanding item (2) of subsection (a) of this Section, any person who is not a federally licensed firearm dealer and who desires to transfer or sell a firearm or firearms to any person who is not a federally licensed firearm dealer shall, before selling or transferring the firearms, contact a federal firearm license dealer under paragraph (1) of subsection (a-15) of this Section to conduct the transfer or the Illinois State Police with the transferee's or purchaser's Firearm Owner's Identification Card number to determine the validity of the transferee's or purchaser's Firearm Owner's Identification Card under State and federal law including the National Instant Criminal Background Check System. This subsection shall not be effective until January 1, 2024. Until that date the transferor shall contact the Illinois State Police with the transferee's or purchaser's Firearm Owner's Identification Card number to determine the validity of the card. The Department of State Police may adopt rules concerning the implementation of this subsection. The Department of State Police shall provide the seller or transferor an approval number if the purchaser's Firearm Owner's Identification Card is valid. Approvals issued by the Department for the purchase of a firearm pursuant to this subsection are valid for 30 days from the date of issue."
ISP Transfers page: https://verify.ispfsb.com/Public/Verify.aspx
430 ILCS 65/7) (from Ch. 38, par. 83-7)
Sec. 7. Validity of Firearm Owner's Identification Card.
(a) Except as provided in Section 8 of this Act or elsewhere in this Section, a Firearm Owner's Identification Card issued under the provisions of this Act shall be valid for the person to whom it is issued for a period of 10 years from the date of issuance. Unless the person no longer meets the requirements or becomes subject to suspension or revocation under this Act, a card issued under an application made as provided in subsection (a-25) of Section 4 shall remain valid if the person meets the requirements of subsection (b-5) of Section 3.1.
(b) If a renewal application is submitted to the Department before the expiration date of the applicant's current Firearm Owner's Identification Card, the Firearm Owner's Identification Card shall remain valid, unless the person is subject to or becomes subject to revocation under this Act. Unless the person no longer meets the requirements or becomes subject to suspension or revocation under this Act, a card issued under a renewal application made as provided in subsection (a-25) of Section 4 shall remain valid if the person meets the implementation requirements of Section 3.1.
(c) Beginning January 1, 2022, if the Firearm Owner's Identification Card of a licensee under the Firearm Concealed Carry Act expires during the term of the licensee's concealed carry license, the Firearm Owner's Identification Card and the license remain valid during the validity of the concealed carry license and the licensee does not have to renew his or her Firearm Owner's Identification Card, if the Firearm Owner's Identification Card has not been otherwise renewed as provided in this Act. Unless the Illinois State Police has reason to believe the licensee is no longer eligible for the card, the Illinois State Police may automatically renew the licensee's Firearm Owner's Identification Card.
(Source: P.A. 102-237, eff. 1-1-22.)
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Affirmative Defense,
Use of force in defense of person,
Use of force in defense of dwelling,
Use of force in defense of other property,
Use of force by aggressor,
Peace officer's use of force in making arrest,
etc.
Source: www.ilga.gov
People have the right to defend themselves when they are attacked or they feel in danger, this is known as self-defense. Every state, including Illinois, has different laws that define what self-defense means. In Illinois, you can use reasonable force to defend yourself or someone else, or to defend your home or other property.
In each case the following conditions must exist to justify the use of force:
There was imminent danger or threat to you, someone else, or your property;
The threat was unlawful;
You believed that a danger existed that required force; and
You used force that was equal to the threat.
You cannot claim self-defense if you are the aggressor. You also cannot overreact, or act unreasonably, in defending yourself.
There are 2 levels of force under the self defense laws:
Regular force: Force that prevents someone from moving or acting normally and
Deadly force: Force that causes or is intended to cause serious bodily harm or death
Regular force
You can use regular force to defend yourself or someone else, against an attack or entry into a home, or any other type of property.
Deadly force
Defense of person
If you’re defending yourself or someone else, you can use deadly force if you reasonably believe it’s necessary to prevent:
Imminent death or great bodily harm to yourself or another person, or
A forcible felony (e.g. sexual assault, battery, murder, robbery, arson).
Defense of home
You can use deadly force to prevent an assault or threat of violence against yourself or someone else in a home or other building, but only if
You use it against someone who is trying to enter in a violent manner or
You reasonably believe that such force is necessary to prevent a forcible felony in the building.
Defense of property
Deadly force is generally not allowed to use when you are protecting your own personal property of real property. You can use deadly force, however, only if you reasonably believe that such force is necessary to prevent the commission of a forcible felony.
Source: www.illinoislegalaid.org
(720 ILCS 5/2-8) (from Ch. 38, par. 2-8)
Sec. 2-8. "Forcible felony". "Forcible felony" means treason, first degree murder, second degree murder, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, robbery, burglary, residential burglary, aggravated arson, arson, aggravated kidnaping, kidnaping, aggravated battery resulting in great bodily harm or permanent disability or disfigurement and any other felony which involves the use or threat of physical force or violence against any individual.
(Source: P.A. 88-277; 89-428, eff. 12-13-95; 89-462, eff. 5-29-96.)
(720 ILCS 5/7-4) (from Ch. 38, par. 7-4)
Sec. 7-4. Use of force by aggressor.
The justification described in the preceding Sections of this Article is not available to a person who is attempting to commit, committing, or escaping after the commission of, a forcible felony.
The justification described in the preceding Sections of this Article is not available to a person who initially provokes the use of force against himself, with the intent to use such force as an excuse to inflict bodily harm upon the assailant.
The justification described in the preceding Sections of this Article is not available to a person who otherwise initially provokes the use of force against himself, unless:
(1) such force is so great that he reasonably believes that he is in imminent danger of death or great bodily harm, and that he has exhausted every reasonable means to escape such danger other than the use of force which is likely to cause death or great bodily harm to the assailant; or
(2) in good faith, he withdraws from physical contact with the assailant and indicates clearly to the assailant that he desires to withdraw and terminate the use of force, but the assailant continues or resumes the use of force.
