Mandatory ISP Compliance for Expired, Suspended and Revoked FOID Cards

by John Krupa III

One of the many jobs I have become involved with over the years is working as an expert consultant and expert witness with various law firms and private attorneys on firearm industry related cases, private gun owner cases and use of deadly force cases.

Working as an expert in this field, I’ve noticed an uptick in FOID card related cases as I just picked up my 4th FOID card revocation case for this year. My FOID case load for this year so far includes; 1 case for domestic related matters and 3 in a row for people that let their FOID cards expire!

The ISP is not playing around here when your FOID card expires, especially after the Aurora, IL. shooting incident in February of 2019. The ISP is sending out revocation letters immediately, ordering firearm owners to surrender their FOID card to their local LE agency within the prescribed 48 hours and to produce a disposition of currently owned firearms.

Failure to comply can result in criminal charges and / or a search warrant being executed by your local LE agency or the ISP to confiscate any firearms they discover are still in your possession by using the gun owners Firearm Transfer Inquiry Program (FTIP) transaction records.

If you let your FOID card expire or you lose your FOID card due to criminal charges, your firearm ownership rights will be revoked by the ISP until you get your FOID card reinstated. During this time, you basically have (3) options to legally dispose of your firearms within 48 hours of notification;

– Surrender all firearms to your local LE agency.

– Transfer your firearms to another person that has a valid FOID card, which requires compliance with the 72 hour waiting period.

– Transfer your firearms to a federally licensed firearms dealer.

In all (4) of the cases I’m currently working on, I was able to intervene before the client reported to the local LE agency and worked with each client to help them get their firearms transferred to a local FFL dealer in their area prior to the 48 hour compliance time expiring.
 
Subsequent to the Aurora, IL. shooting incident, the ISP immediately implemented a new Firearm Disposition Record system, requiring local LE agencies to document and report to the ISP what firearms are owned by the person that had their FOID card rights revoked as well as the disposition of each firearm.

I have attached a copy of the new ISP Firearm Disposition Record form that the local LE agencies are required to complete and submit to the ISP with the surrendered FOID card.

Situations like this can be avoided by following these simple rules;

Pay attention to the expiration date of your FOID card. You are eligible to apply for your FOID card renewal 90 days prior to expiration.

Apply early and verify on the ISP website that your renewal application is actually pending review.

Should your FOID card become expired, suspended or revoked, I strongly recommend transferring your firearm collection to an FFL dealer as soon as you are notified by the ISP.

The conflicting rules here state that the ISP is requiring you to comply with reporting the disposition of the firearms you own to your local LE agency within 48 hours of notification, yet the FOID law requires you to wait 72 hours before you can deliver those firearms via person-to-person transfer!

By using an FFL dealer to secure your collection, there is no waiting period to transfer your firearms to the FFL and you can coordinate transfers from your FFL dealer to other people that have a valid FOID card.

Remember – the burden of proof is on you to demonstrate to an LEO; documentation of legal transfer and compliance with the 72 hour waiting period. Failure to comply will most likely result in criminal charges.

Ignorance of not knowing the FOID law is NOT a valid legal defense. Know the law and have a good attorney on-call that knows how to handle situations like this.

I hope this information was helpful as we as gun owners have all learned something from these cases. Stay safe. – Krup
 
Bio – John is a police officer with over 28 years of experience in law enforcement. He has worked dozens of criminal and civil cases as an expert consultant and expert witness and holds the rating of distinguished weapons expert with the Dept. of Homeland Security. He a certified Master Firearms Instructor (ILETSB) and Certified Firearms Specialist with the IFSA. John is also a nationally recognized firearms training expert and has presented as a guest instructor at training conferences across the country with ASLET, IALEFI and ILEETA. He can be reached directly at – jkrupa@teamspartan.com

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