A felony conviction in Illinois strips the right to possess firearms, ammunition, and the other weapons listed in the state’s unlawful-use-of-weapons statute, which means the practical answer to what weapons a felon can own in Illinois is almost none in the regulated category. The ban covers handguns, long guns, ammunition, stun guns, and tasers, and it holds unless the person wins relief through the Firearm Owner’s Identification Card Review Board, a circuit court, or a governor’s pardon.
Firearms and Ammunition Are Off-Limits
Illinois requires anyone who buys or possesses a firearm or ammunition to hold a valid Firearm Owner’s Identification (FOID) card issued by the Illinois State Police, and a felony conviction automatically disqualifies a person from holding one.1Justia. Illinois Code 430 – Firearm Owners Identification Card Act Without a valid card, there is no lawful way to buy a gun from a dealer, keep one at home, or purchase ammunition anywhere in the state.
The underlying criminal statute goes further than the licensing scheme. A person convicted of any felony, under Illinois law or the law of any other state, cannot knowingly possess any firearm, firearm ammunition, or weapon listed in the unlawful-use-of-weapons statute.2FindLaw. Illinois Code 720 Criminal Offenses 5/24-1.1 – Unlawful Possession of Weapons by Felons That prohibition reaches possession on the person, in a vehicle, inside the home, and at a place of business. Firing or displaying the weapon is not required; being in control of it is enough.
Stun Guns and Tasers Count as Weapons
A lot of people assume that non-lethal self-defense tools sit outside the firearm rules. In Illinois they do not. Stun guns and tasers appear in the same unlawful-use-of-weapons statute that regulates pistols and revolvers.3Illinois General Assembly. Illinois Code 720 ILCS 5/24-1 – Unlawful Use of Weapons Because the felon-in-possession statute incorporates every weapon on that list, a felon carrying a taser faces the same criminal exposure as a felon carrying a handgun.
So the self-defense substitute many people reach for after a conviction, assuming a stun gun or taser is a safer legal choice, is not. It carries the same charge.
Body Armor Is Not Banned, But It Multiplies the Risk
Possessing body armor is not itself a separate offense for a person with a felony record. The problem is what body armor does to any firearms charge that is already on the table. A felon found with a firearm while also in possession of body armor is charged with a Class X felony rather than the standard Class 3, which raises the sentencing exposure to 10 to 40 years in prison.2FindLaw. Illinois Code 720 Criminal Offenses 5/24-1.1 – Unlawful Possession of Weapons by Felons
What Possession Can Cost
The baseline charge for a felon found with a firearm or ammunition is a Class 3 felony. Standard sentencing is 2 to 5 years in prison, with the possibility of an extended term of 5 to 10 years when aggravating factors apply, plus fines up to $25,000.4Illinois General Assembly. Illinois Code 730 ILCS 5/5-4.5-40 – Class 3 Felony The weapon never has to leave its holster or box for the charge to stick.
Repeat Offenders Face Mandatory Prison Time
A person who possesses a firearm after two or more prior convictions for qualifying offenses commits unlawful possession by a repeat felony offender, a Class X felony.5Illinois General Assembly. Illinois Code 720 ILCS 5/24-1.7 – Unlawful Possession of a Firearm by a Repeat Felony Offender Class X carries a mandatory 6 to 30 years in prison, with no probation available.6Illinois General Assembly. Illinois Code 730 ILCS 5/5-4.5-25 – Class X Felony
Qualifying priors include any forcible felony, certain weapons offenses such as aggravated unlawful possession or aggravated discharge of a firearm, and any controlled-substance violation classified as a Class 3 felony or higher.5Illinois General Assembly. Illinois Code 720 ILCS 5/24-1.7 – Unlawful Possession of a Firearm by a Repeat Felony Offender Illinois reads “forcible felony” broadly, taking in murder, criminal sexual assault, robbery, burglary, residential burglary, arson, kidnapping, aggravated battery causing great bodily harm, and any felony involving the use or threat of physical force.7Illinois General Assembly. Illinois Code 720 ILCS 5/2-8 – Forcible Felony Two prior convictions from that pool, combined with current firearm possession, triggers the charge.
Federal Law Adds a Second Lock
Clearing Illinois law is only half the picture. Federal law independently bars anyone convicted of a crime punishable by more than one year of imprisonment from possessing any firearm or ammunition that has traveled in interstate commerce, which in practice covers nearly every commercially manufactured gun.8Office of the Law Revision Counsel. 18 U.S. Code 922 – Unlawful Acts A violation carries up to 10 years in federal prison and can be charged regardless of what state prosecutors decide to do.
Federal law does recognize certain state actions as curing the disability. An expungement, a set-aside, a pardon, or a restoration of civil rights can lift the federal ban, provided the state relief does not expressly forbid firearm possession.9Office of the Law Revision Counsel. 18 U.S. Code 921 – Definitions This is why a FOID Review Board decision in your favor, if the underlying conviction is still on the books, may leave you federally prohibited even as Illinois treats you as cleared.
Getting the Right to Own a Weapon Back
Illinois has a statutory process to petition for relief, and the right door depends on the conviction. Since January 1, 2023, the Firearm Owner’s Identification Card Review Board handles relief requests for people denied or revoked over most felonies.10Illinois State Police. FOID Card Review Board People convicted of forcible felonies, stalking, domestic battery, Class 2 or higher drug felonies, and felony weapons offenses have to petition the circuit court in the county where they live instead.11Illinois General Assembly. Illinois Code 430 ILCS 65/10 – Appeals, Hearing, Relief From Firearm Prohibitions
Either forum applies the same four tests from the statute: no forcible-felony conviction within the past 20 years (or 20 years since release from any related prison term), a criminal history and reputation showing the applicant is not likely to be dangerous, no conflict with the public interest, and no conflict with federal firearm law.11Illinois General Assembly. Illinois Code 430 ILCS 65/10 – Appeals, Hearing, Relief From Firearm Prohibitions That last test is the trap. Even a sympathetic Review Board cannot grant relief if federal law still prohibits you, so most serious petitioners need to resolve the federal side first or at the same time.
Pardons and Expungements
A gubernatorial pardon is the broadest tool and often the only option when a conviction keeps the Review Board route closed. Petitions go first to the Illinois Prisoner Review Board, which holds a hearing and sends a confidential recommendation to the Governor.12Illinois.gov. Executive Clemency and Expungement A pardon that restores civil rights without carving out firearms also clears the federal bar under 18 U.S.C. ยง 921(a)(20).9Office of the Law Revision Counsel. 18 U.S. Code 921 – Definitions
If a conviction has been expunged or vacated, send a copy of the court order to the Illinois State Police Firearms Services Bureau along with your name, date of birth, and FOID number if you have one.13Illinois State Police. FOID – Court Ordered Relief Required That starts the review but does not guarantee approval, and you remain prohibited until the application is processed. Sealing a record is not the same as expunging it, and sealing alone may not remove the FOID disqualification because the conviction still exists for Illinois State Police purposes. If your relief took the form of sealing rather than expungement, confirm with a lawyer before touching a firearm.