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EspañolIf 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)
How can I find out if the abuser has been convicted of a crime?
Domestic violence misdemeanor and felony records are open to the public, but they are not always easy to access. If you know the exact courthouse where the abuser may have been convicted, you can go to the courthouse and ask the clerk of court for access to those records.
Domestic violence misdemeanor and felony records are also kept in the National Instant Criminal Background Check System (NICS). The National Instant Criminal Background Check System is used by Federal Firearms Licensees (FFLs) to instantly determine whether someone is eligible to receive firearms or explosives.1 However, no one other than law enforcement officials and licensed firearm sellers are allowed to search the NICS. Your local police department may be willing to search NICS for you if you ask, but they are not required to do so.
To read more about the NICS, please see the question, What will happen if the abuser tries to purchase a gun?
1National Criminal Justice Reference Service website
