Ill. Admin. Code tit. 20 § 1231.160

Current through Register Vol. 48, No. 50, December 13, 2024

Section 1231.160 - FCCL Suspension, Revocation and Cancellation

a) Section 70 of the Act specifies violations resulting in suspension, revocation or cancellation of an FCCL.

1) Whenever a FOID Card is suspended pursuant to 20 Ill. Adm. Code 1230. 50 (Return of FOID Card - Applicant) and the FOID Card holder has an FCCL, the FCCL shall be suspended for the duration of the FOID Card suspension.

2) Upon reinstatement of a previously suspended FOID Card, the FCCL shall be reinstated as well.

3) Whenever a FOID Card is expired and the Department has not received a renewal application from a licensee, the FCCL shall not be renewed and shall be placed in a suspended status for a period of up to one year to allow the licensee to renew their FOID Card.

b) The Department will provide written notice to the licensee of a suspension, revocation or cancellation.

c) The license of a person in violation of Section 70(d) or (e) of the Act will be suspended for a period of 6 months upon conviction of the second violation and shall be permanently revoked for a third violation.

d) Surrender/Seizure of an FCCL

1) A person whose FCCL has been revoked or suspended shall surrender the FCCL to the local law enforcement agency where the person resides within 48 hours after receiving notice of the revocation or suspension except as provided in this subsection (d)(1).

A) If the revoked or suspended licensee has been issued a combined FOID card with FCCL Designator, the licensee does not need to surrender licensee's combined FOID card if the FOID card remains active.

B) If the licensee's FCCL is suspended because the licensee's FOID card has been suspended and the licensee has not been issued a combined FOID card with FCCL Designator, the licensee shall surrender the FCCL to the law enforcement agency or person listed on the Firearm Disposition Record consistent with 20 Ill. Adm. Code 1230.50 (Return of FOID Card - Applicant) regardless of whether the person issued the FOID card owns or possesses firearms.

2) The FCCL revocation or suspension will be reflected in the Illinois State Police's online FOID/FCCL system.

3) If the licensee whose FCCL has been revoked or suspended fails to comply with the requirements of this subsection, the law enforcement agency where the person resides may petition the circuit court to issue a warrant to search for and seize the FCCL.

4) Upon receipt of a surrendered FCCL, the local law enforcement agency shall confirm that the license is revoked or suspended and destroy it. If the license has not been revoked or suspended, it shall be returned to the licensee.

Ill. Admin. Code tit. 20, § 1231.160

Amended at 46 Ill. Reg. 1081, effective 12/21/2021