State police say ATF changes will not affect FOID cards

[October 29, 2008]  SPRINGFIELD -- The Illinois State Police agency has received notification from the Bureau of Alcohol, Tobacco, Firearms and Explosives that the Illinois Firearm Owner's Identification card will no longer qualify as an alternative to the National Instant Criminal Background Check System, known as NICS.

The notification is due to the change in the expiration of a FOID card from five to 10 years, which became effective June 1, and several recent state court decisions that required the issuance of FOID cards to individuals federally prohibited from being issued a FOID card.

As thorough as the process is to ensure FOID cards are kept out of the hands of those deemed ineligible, the state police agency has, on occasion, been ordered by the courts to issue a FOID card to someone who was previously denied. Although these individuals may have a FOID card in their possession, they would be denied the purchase of a firearm from a federal firearms licensee and are not exempt from federal prosecution. Illinois State Police will work with the Legislature to eliminate the disparity between the state and federal laws.

"The ISP takes great pride in its diligence to keep FOID cards, and ultimately weapons, away from those who should not have them," said Larry G. Trent, Illinois State Police director. "While the ISP may not agree with this decision, the court is respected and the agency complies accordingly."

Prior to the FOID card change, the Brady Law, which took effect on Nov. 30, 1998, allowed the state police to be the mandated point of contact between a federal firearms licensee and the FBI when conducting national background checks before transferring a firearm to an unlicensed individual. The Brady Law also contains an exemption to the national background check requirement, which allowed the five-year FOID card to qualify as an alternative to the background check, authorizing the state police to conduct the national background check when issuing a FOID card and processing firearm transfers.

The change in the FOID card's expiration date will not affect firearm transfers, since Illinois law requires a federal firearms licensee to conduct the national background check prior to every firearm transfer, even if the person possesses a valid FOID card. The standard practice of completing daily mental health and criminal history reviews will continue for all FOID applicants and cardholders.

Illinois residents who wish to acquire or possess firearms or firearm ammunition still must have in their possession a valid FOID card.

[Text from file received from Illinois State Police]