CHAPTER 430, ILCS 65/ - FIREARM OWNERS IDENTIFICATION CARD ACT

430 ILCS 65/2

Sec. 2. Firearm Owner's Identification Card required; exceptions.

Illinois Compiled Statute
430 ILCS 65/2
Offense Description
Possession of firearm, stun gun, or taser without valid FOID Card – Class A misdemeanor
Offense Classification
Class A Misdemeanor
Statutory Penalties & Sentencing Scope
Up to 364 days county jail · Fine up to $2,500
Supreme Court Rule 551 Mandatory Court Appearance
Under Illinois Supreme Court Rule 551, personal court appearance before a judge is mandatory. The defendant cannot satisfy this charge by mail, electronic payment, or pre-set bail forfeiture.
SAFE-T Act Pretrial Detention Eligibility (725 ILCS 5/110-6.1)
Presumptive Pretrial Release: This offense is non-detainable under 725 ILCS 5/110-6.1. The defendant is entitled to release on personal recognizance with non-monetary conditions unless charged with a subsequent detainable violation.
Secretary of State Driver's License Action
Standard Administrative Protocol: No automatic driver's license suspension or mandatory revocation is triggered by this offense code alone upon citation.
EXECUTIVE SYNOPSIS · ILLINOIS LEGAL STANDARDS Governing Authority: ILGA & Supreme Court Rules

Under Illinois law, 430 ILCS 65/2 (Possession of firearm, stun gun, or taser without valid FOID Card – Class A misdemeanor) is classified as a Class A Misdemeanor. Statutory sentencing scope: Up to 364 days county jail · Fine up to $2,500. Court appearance is mandatory under Illinois Supreme Court Rule 551, and pretrial release is presumptively release-eligible under the SAFE-T Act.

Offense Class & Sentencing Scope Class A Misdemeanor

Up to 364 days county jail · Fine up to $2,500

Court Appearance Mandate Rule 551 Mandatory Court

Under Illinois Supreme Court Rule 551, personal court appearance before a judge is mandatory. The defendant cannot satisfy this charge by mail, electronic payment, or pre-set bail forfeiture.

Pretrial Fairness Act (SAFE-T Act) Presumptive Pretrial Release

Presumptive Pretrial Release: This offense is non-detainable under 725 ILCS 5/110-6.1. The defendant is entitled to release on personal recognizance with non-monetary conditions unless charged with a subsequent detainable violation.

Secretary of State License Sanction Standard Administrative Protocol

No automatic driver's license suspension or mandatory revocation is triggered by this offense code alone upon citation.

Classification Class A Misdemeanor
Court Appearance Mandatory Court Appearance (Rule 551)
SAFE-T Act Detention Release Eligible (Conditions Apply)
SOS Reporting Code None Assigned

Associated Offense Codes & Classifications (2)

Offense Description Class Court Mandate SAFE-T Act Reporting Code
Possession of firearm, stun gun, or taser without valid FOID Card – Class A misdemeanor 430 ILCS 65/2(a)(1) Class A Misdemeanor Rule 551 Mandate Release Eligible —
Possession of firearm ammunition without valid FOID Card – Class A misdemeanor 430 ILCS 65/2(a)(2) Class A Misdemeanor Rule 551 Mandate Release Eligible —

Illinois General Assembly Statutory Text (Verbatim)

Source: ilga.gov

Sec. 2. Firearm Owner's Identification Card required; exceptions.

(a)

(a)(1) No person may acquire or possess any firearm, stun gun, or taser within this State without having in his or her possession a Firearm Owner's Identification Card previously issued in his or her name by the Illinois State Police under the provisions of this Act.

(2)

(2) No person may acquire or possess firearm ammunition within this State without having in his or her possession a Firearm Owner's Identification Card previously issued in his or her name by the Illinois State Police under the provisions of this Act.

(b)

(b) The provisions of this Section regarding the possession of firearms, firearm ammunition, stun guns, and tasers do not apply to: (1) United States Marshals, while engaged in the operation of their official duties; (2) Members of the Armed Forces of the United States or the National Guard, while engaged in the operation of their official duties; (3) Federal officials required to carry firearms, while engaged in the operation of their official duties; (4) Members of bona fide veterans organizations which receive firearms directly from the armed forces of the United States, while using the firearms for ceremonial purposes with blank ammunition; (5) Nonresident hunters during hunting season, with valid nonresident hunting licenses and while in an area where hunting is permitted; (10) Nonresidents who are currently licensed or registered to possess a firearm in their resident state, where the firearm is unloaded and enclosed in a case.

(c)

(c) The provisions of this Section regarding the acquisition and possession of firearms, firearm ammunition, stun guns, and tasers do not apply to law enforcement officials of this or any other jurisdiction, while engaged in the operation of their official duties.

(Source: P.A. 102-538, eff. 8-20-21; 102-1116, eff. 1-10-23.)

Frequently Asked Questions & Legal Analysis

Authoritative Statutory Guidance
What is the statutory penalty and sentencing range for 430 ILCS 65/2 in Illinois?

Under Illinois law, 430 ILCS 65/2 (Possession of firearm, stun gun, or taser without valid FOID Card – Class A misdemeanor) is classified as a Class A Misdemeanor.

Sentencing Scope: Up to 364 days county jail · Fine up to $2,500

Is a court appearance mandatory for 430 ILCS 65/2 under Illinois Supreme Court Rule 551?

Mandatory Personal Appearance Required: Under Illinois Supreme Court Rule 551, personal court appearance before a judge is mandatory. The defendant cannot satisfy this charge by mail, electronic payment, or pre-set bail forfeiture.

Is an individual accused of 430 ILCS 65/2 detainable before trial under the SAFE-T Act?

Presumptive Pretrial Release: Presumptive Pretrial Release: This offense is non-detainable under 725 ILCS 5/110-6.1. The defendant is entitled to release on personal recognizance with non-monetary conditions unless charged with a subsequent detainable violation.

What Secretary of State driver's license sanctions apply to 430 ILCS 65/2?

Standard Administrative Protocol: No automatic driver's license suspension or mandatory revocation is triggered by this offense code alone upon citation.

Official Legal Citation Formats

Legal & Academic Reference

Standardized legal citations for briefs, court pleadings, law enforcement documentation, and academic research.

Illinois Supreme Court Citation 430 ILCS 65/2 (West 2026)
The Bluebook Style (21st ed.) 430 Ill. Comp. Stat. 65/2 (2026)
Canonical Web Reference https://ilcsindex.com/statutes/430-ilcs-65-2
Cross-Referenced ILCS Codes